DP Partner Kristen L. Behrens Shares Legal Expertise in Virtual Q+A With the Pennsylvania Bar Institute

June 30, 2020

DP Partner Kristen L. Behrens will present the webcast, “Navigating the Settlement Process: Avoiding Potential Pitfalls 2020,” with the Pennsylvania Bar Institute on Tuesday, June 30, 2020.

The virtual Q+A that touches on the legal, practical, tactical and ethical issues that arise in the post-settlement process. Other topics include structured settlement annuities, the use of a variety of fiduciary vehicles for placement of litigation recoveries, including special needs and trigger trusts, settlement preservation trusts and guardianships, and the steps necessary to prepare and file the petition for court approval. In addition to Kristen, expert panelists include Teresa R. Colleran of Fiduciary Trust Company International of Pennsylvania, Claudine Homolash of Sage Settlement Consulting and Heidi G. Villari of The Villari Firm.

More Details From the PBI:

  • A start-to-finish look on best practices pertaining to the post-recovery procedure of cases involving minors, incapacitated persons, and death action claims
  • How the handling of the case impacts the settlement and court approval
  • A look at the structured settlement and QAR release, including the commutations clause
  • Use of structures with trusts/guardianships
  • Setting up the trust for a minor or incapacitated person, selecting the type of trust including special needs trusts, settlement preservation trusts, trigger trusts and Medicare Set-Aside trusts
  • The ethical and moral considerations of the settlement process involving petitions for court approval of wrongful death/survival action claims and claims on behalf of minors/incapacitated persons
  • Using fiduciary mechanisms for settlement fund placement
  • Do’s and Don’ts:  Discussion of the pitfalls and mistakes made in handling the steps from settlement to petition for approval and distribution
  • How to file a petition for approval, including coverage of Philadelphia County and the NJ process for PA practitioners
  • Consideration of the liens
  • Closing the case; release, recapitulation, and client education

Register, or find out more about the event here.


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