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Special Needs Trusts and Medicare Set-Asides: Potential Pitfalls for the Unwary

By Jennifer C. Jordan, Esq., General Counsel, MEDVAL LLC Now that those involved in personal injury settlements, whether workers’ compensation or liability insurance based, have finally come to understand the Medicare Secondary Payer Act (“MSP”) to some extent, it appears that...

NY EPTL 5-4.6 and Compromise Orders

Settlement of a wrongful death action can pose a challenge for the decedent's attorney. Wrongful death actions are usually a two-step process. First, the trial court handles the wrongful death action itself, and then the Surrogate's Court, which administers the decedent's estate, must deal...

A Stipulation Made in Open Court Will Probably Rust if Left in the Rain

I have never happily allowed a client to enter into a stipulation with provisions which he or she will probably not be able to keep. Also, while I wholeheartedly subscribe to the maxim that "A bad settlement is better than a good lawsuit", I try to be careful that the "bad" provisions...