Using Trusts to Settle Lawsuits
Thomas Simmons
By Thomas E. SimmonsPROBATE& PROPERTY NOVEMBER/DECEMBER 2005 53 Special considerations come into play when a plaintiff poised to recover money is a child or an individual with a disability. In the context of settling a lawsuit or receiviin judgment proceeds, cash cannot simply be delivered to such a person because of the plaintiff’s legal incapaccity Instead, recovered funds must be delivered to a third party for the plaintiff’s benefit. This third party can be a trustee, a custodian, or a...