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Total Return Trusts: Why Didn’t We

1. INTRODUCTION The total return trust is an idea whose time has come. With the arrival of the Prudent Investor Rule and the development of the modern portfolio theory, Trustees now have great flexibility to invest aggressively and to improve the total return for both income beneficiaries and remaindermen. 2. TRADITIONAL TRUSTS Traditional trusts were…

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Is a Medicare Set Aside Arrangement Required in Third Party Liability Cases?

Based on recent federal legislation, it appears that Medicare will soon begin to require set asides for third party liability cases.  Historically, these set asides have been required only in Worker’s Comp cases, but it appears that that is all about to change. Under the Medicare Secondary Payer Act[1] and Regulations,[2] Medicare will not pay…

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Wrapping Up a Personal Injury Case

Settling a personal injury case does not necessarily mean that it is completed.  When it comes to significant personal injury settlements, there are many considerations that need to be addressed before the file is closed.   By reviewing the situation thoroughly with the client, it is much more likely that the settlement will make a significant…

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Reversionary Medical Care Trusts

Actions brought under the Federal Tort Claims Act often result in a Reversionary Medical Care Trust.  It is the policy of the United States Attorney that whenever the recovery includes future medical care related to the negligence, a reversionary medical care trust must be established.  Medical bills are paid from the trust and on the…

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