ARTICLES

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Browse Articles We've Written on our Different Areas of Practice

October 2017 Update on Liability Medicare Set Asides

Over the past several months, plaintiff attorneys and the settlement planning community have anticipated that the Centers for Medicare and Medicaid Services (CMS) would be publishing some sort of guidance regarding Liability Medicare Set Aside Accounts (LMSAs) and No-Fault [...]

ABLE Accounts: Another Option for Clients on Medicaid and SSI

The following article was published in the Fall 2016 Utah Trial Journal. Written by Greg Maxwell and Daniel Maxwell. ABLE Accounts - An Introduction As settlement planning attorneys, we are consistently asked how to handle small settlements for injured [...]

The Best of Both Worlds: Coordinating Trusts with Structured Settlement Annuities

Structured Settlement Annuities – Advantages and Disadvantages Personal injury attorneys are well aware of the benefits of structured settlement annuities and the role they play in settling a personal injury claim. Notably, structured annuities are an excellent vehicle to [...]

Protect Your Clients from “Cash Now” Companies

As a personal injury attorney, you hate it when your former clients that are receiving structured settlement annuity payments are targeted by the “cash now” companies we all see on TV.  All of the planning done at the time of [...]

Why You Should Include a “No-1099” Provision in Settlement Agreements

Why You Should Include a “No-1099” Provision in Settlement Agreements At the recent annual conference of the Society of Settlement Planners, one of the presenters suggested adding a provision regarding Form 1099s to settlement agreements. Defendants or their insurers [...]

Tax Advantages of Structured Settlements

Income Tax The IRC has provided for tax advantages of structured settlements.  Settlement recoveries arising from compensatory damages for personal physical injuries are income tax free. IRC Section 104(a)(2) states in part: "...gross income does not include the amount of [...]

Why You Need a Settlement Planner

Over a thirty year legal career, the average lawyer is sued for malpractice three times[1].  Of the 40,000 claims for legal malpractice every year, 12,000 result in some recovery of money damages[2].  Between the last two studies performed by the ABA, [...]

Protecting the Settlement Recovery: Planning Options for Settlement Recipients and their Attorneys

Protecting the Settlement Recovery: Planning Options for Settlement Recipients and their Attorneys Greg B. Maxwell, Esq., CFP®, and Joseph W. Tombs, Esq., CFP® Note: This article was originally published in the Utah Trial Journal in the Spring / Summer [...]