Structured settlements are legal agreements between the injured party and the defendant, designed to provide long-term financial security for the injured party. However, there may be times when the recipient needs immediate cash and decides to sell all or part of their structured settlement. Selling a structured settlement requires navigating a complex legal process. Here are the key legal aspects to consider when selling a structured settlement.
Obtaining Court Approval:
Structured settlement transfers require court approval to ensure that the sale is in the best interest of the recipient. The court will review the terms of the sale to ensure that the recipient is receiving a fair and reasonable price for the structured settlement. The court will also consider the recipient's financial situation and whether the sale will negatively impact their long-term financial security.
Working with a Reputable Company:
When selling a structured settlement, it is important to work with a reputable and experienced structured settlement buyer. The buyer should have a track record of successful transactions and be knowledgeable about the legal requirements for structured settlement transfers. The buyer should also be transparent about their fees and the terms of the sale.
Compliance with State and Federal Regulations:
Structured settlement transfers are subject to state and federal regulations. Each state has its own laws governing structured settlement transfers, and the buyer must comply with these laws. The federal government also regulates structured settlement transfers through the Internal Revenue Service (IRS). The buyer must ensure that the sale complies with all applicable state and federal laws.
Disclosure Requirements:
Structured settlement buyers are required to disclose certain information to the recipient before the sale. This includes information about the sale price, fees, and the impact of the sale on the recipient's long-term financial security. The buyer must provide this information in writing and ensure that the recipient fully understands the terms of the sale.
The Role of the Independent Professional Advisor:
The court may require the recipient to work with an independent professional advisor (IPA) before approving the structured settlement transfer. The IPA is an independent financial professional who provides advice to the recipient on the financial implications of the sale. The IPA must be a qualified and experienced financial professional who is not affiliated with the buyer.
Waiting Periods:
Some states have waiting periods for structured settlement transfers. The waiting period allows the recipient time to consider the sale and obtain advice from an IPA. The waiting period can range from a few days to several weeks, depending on the state.
The Impact on Taxes:
Structured settlement transfers may have tax implications. The sale may be subject to federal and state income taxes, and the recipient may lose certain tax benefits associated with the structured settlement. It is important to consult with a tax professional to fully understand the tax implications of the sale.
