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Thursday, March 5, 2009
If you choose to sell your payments for lump sum cash, the Act ensures that the dealing must be with your best interests first. You likewise get the right to get professional advice on the effects of this dealing. Still, not every state has this form of state law in place. Let's go over how the Structured Settlement Protection law could have an issue on your financial planning.
When it was passed in 2002, the Structured Settlement Protection Act defined respective safeguards for individuals receiving structured settlement payments. Because the conditions of a lump sum purchase are, in most cases, not always with your best favor, this Act solved the demand to regulate such transactions.
To ensure that the average individual is well protected, numerous states at present demand that you be presented the authority to sell. The Act also stipulated that you must obtain personal help about the possible dealing. The recommendation must be established by an objective professional, someone not involved in the transaction at all. You will need to either receive the recommendation or forfeit your right to this competent advice in writing.
Nonetheless, you should be aware that laws vary from every state. Although the federal government was part in enacting the Structure Settlement Protection legislation, the real implementation was left to the level of the states. In so far, just almost 40 states have laws actually in place. The easiest manner to find out where you are standing is to hire a local attorney who knows this side of the law, like a personal injury attorney. You must at least learn if you have the authority to make a deal before you start shopping around.
Structured Insurance Settlements is a site dedicated to learning how to purchase structured settlements safely and get the best offer possible plus make sure you are dealing with financially stable company.
Get structured settlement tips on structured settlement blog. Start your research with this free article on how tosell structured settlement today.
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Protection against professional liability claims Safeguarding your assets from financial disaster To gain tax advantages (in certain circumstances) Preparing for possible capital gains or death taxes Maintaining confidentiality about your financial affairs Preparing for the time you might need residential care planning Protection of assets against unexpected business debts Reducing the chance of relationship property claims by future partners Providing for your family even after you're gone, as a mechanism for estate planning
A Trust is best described as a legal relationship created by a 'settlor' whereby persons (the Trustees) hold assets for the benefit of beneficiaries. Trusts are most commonly used for asset protection purposes, although they can also be used for trading purposes. The asset protection benefit arises from that fact that when a Trustee holds an asset subject to a Trust and a beneficiary enjoys the use of the asset, neither of them holds legal ownership of the asset.
Applying this to a common everyday example, take the situation where Mr and Mrs Smith jointly own their own home. They wish to protect the home from being exposed to the risks of the family business. To do so, they will establish a Family Trust of which they will be the Trustees along with an Independent Trustee.
The beneficiaries of the Trust will be themselves, other family members and potentially Trusts set up for any of these people. The Smiths will then enter into a Sale and Purchase Agreement whereby they sell the home to the Trustees of the Trust and commence a gifting programme.
As Trustees of the Trust, they resolve to allow themselves to occupy the home as beneficiaries. In the future, should a problem arise in the business that mean Mr and Mrs Smith are personally exposed to a claim, their house is protected as they no longer personally own it. This is often referred to as the practice of "controlling everything but owning nothing".
Finally a word of caution: They must be done correctly and with a view to understanding your entire financial and life situation. Your accountant or lawyer should be taking a holistic view of your circumstances to work out other matters which may impact on how your trust is structured. This may include strategies and structures to minimise tax, and estate planning issues.
Getting it wrong at the start could cause financial loss and pain in the future.
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Some experts advise that borrowing against future payments is preferred over selling these long term deals for cash. These experts have valid points particularly if you have an immediate short-term requirement. That's because getting cash for your structured settlement may not be as simple as you think.
The actual process of selling your a structured settlement into a lump sum cash payment requires time. When you want the money tomorrow, this is not simply workable. The shortest transaction will require at least 30 days time. That's because the transaction involves a number of parties to be notified, like the insurance company that is likely holding the annuity that provides your payments.
If the worsening economic meltdown has you concerned about meeting your needs that you are already motivated to get cash for your structured settlement, be certain with the consequences of this major decision. Talk with your advisor and define your priorities. After all, you can still sell only part of your structure payments.
Exchanging cash for structured settlement payments is definitely a wise lifeline. Nevertheless, don't let a short-term need drive you into a long-term disaster. There are many sound purposes for lump sum cash but there is no better alternative to the peace of mind a long-term security this structured settlement payments offer.
Structured Insurance Settlements is a site dedicated to learning how to purchase structured settlements safely and get the best offer possible plus make sure you are dealing with financially stable company.
Get structured settlement tips on structured settlement blog. Start your research with this free article on structured settlements today.
About the Author: