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What is a Settlement Plan?

Key Takeaways

  • Define a settlement plan as a coordinated strategy for distributing settlement proceeds responsibly.
  • Integrate cash, structured payments, and planning tools into a single cohesive framework.
  • Address taxes, liens, benefits preservation, and dissipation risk before funds are released.
  • Use a documented settlement plan to guide decisions and reduce post-settlement liability.

Meet the Author

Greg Maxwell, Esq. CFP®

Greg Maxwell is an attorney, Certified Financial Planner, and settlement planner. He specializes in settlement tax planning, government benefits planning, and financial planning for plaintiffs and plaintiff attorneys.

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Introduction

A settlement plan is a detailed, comprehensive look at a client's financial situation with specific recommendations designed to help a client be in the best possible financial position after receiving settlement proceeds.

What is Settlement Planning?

Settlement planning involves allocating the net recovery from a legal settlement to maximize the ability of the recipients and their guardians to meet their needs and goals. Settlement planning should end in a transition to a more permanent financial planner that will assist the claimants to take control of their financial future. By setting financial goals, developing and implementing financial strategies, and monitoring progress on a regular basis, the likelihood of achieving financial goals is greatly increased.

Why Develop a Settlement Plan?

What is Settlement Planning

Most people have difficulty managing a large settlement. Many opportunities and hazards present themselves even before the settlement is in hand and others arise after the money arrives (e.g. "cash now" companies). Many times the settlement plan includes the use of unique planning vehicles such as special needs trusts, structured settlement annuities, and other complex instruments. If a minor or incompetent injury victim is involved, the law may require a guardian-ad-litem to review the plan and make a recommendation to a judge who must approve any settlement. Therefore, it is expedient to formulate an intricate, sensible and long-term strategy as soon as possible to ensure that all of the parties agree that the plan is in the best interests of the recipients. Read more about structured settlement for minors.

In designing a settlement plan, our team develops a better understanding of the client's current financial situation and the need to zealously manage sufficient financial resources to meet their financial needs.

What Areas Will a Settlement Plan Address?

A settlement plan is tailored to each client, so each plan will address only the areas pertinent to that client. A typical plan addresses the following areas:

  •  financial needs and planning;
  •  estate planning concerns;
  •  guardianship designation for minors;
  •  and tax planning.

Simplify settlement planning with Amicus. We’re here to guide you and your clients every step of the way to ensure their needs and goals are met. Give us a call today.

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