What to Do When Family Members (And Even the Lawyers) Are Fighting Over the Settlement Proceeds

Navigating Post-Settlement Complexities with a Qualified Settlement Fund

Great! You have won the case but now face secondary claims and litigation.

No, you are not the first to encounter these issues, and it is not uncommon for post-settlement secondary disputes to occur. For example, families argue over their “Fair Share,” lawyers dispute fee splits, plaintiffs dispute attorney fees, 3rd party lien holders come out of the woodwork to make claims against the litigation proceeds, and more.

Navigating the post-settlement challenges can be overwhelming for lawyers and their clients. But, there is a simple solution - a Qualified Settlement Fund, also referred to as a 468B trust, presents an option to simplify the post-settlement process and handle the hurdles that emerge. By setting up a QSF, the parties can resolve the secondary issues, effectively preserve the settlement funds, ensure tax compliance, and allow time for making informed decisions by deferring taxation.

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Here, we delve into the details of QSF and its valuable role in post-settlement planning and administration.

Understanding Qualified Settlement Funds (QSFs)

A Qualified Settlement Fund, sometimes shorthanded as a “QSF,” is an entity created according to IRC Section 468B and its associated regulations to settle various legal disputes. Defendants can place funds into a QSF and receive a release from liability while allowing time for the other parties to resolve secondary disputes and carefully consider their settlement proceeds options.

QSFs trace back to the Tax Reform Act of 1986, which incorporated Section 468B into the Internal Revenue Code. Initially utilized in class action lawsuits, QSFs have since extended to the broad breadth of legal conflicts such as single events, single claimant personal injury claims, and contract breaches.

To establish a QSF, specific requirements must be met:

1. Be approved by a “governmental authority” defined by 26 C.F.R. §1.468B-1(c)
2. Be under the continuing jurisdiction of the approving governmental authority
3. Be set up to resolve one or more legal claims
4. Qualify as a trust under applicable state law if established as a trust

PRO TIP: Online QSF platforms like QSF 360 can fully establish a QSF in as little as one business day.

Advantages of Using QSFs for Post-Settlement Resolution

Qualified Settlement Funds offer numerous advantages for all parties involved in post-settlement dispute resolution. By establishing a QSF, defendants can claim immediate tax deductions and extricate themselves from ongoing litigation. At the same time, plaintiffs gain tax deferral, which provides them valuable time to make informed decisions regarding the allocation of settlement funds, aiding in the negotiation of competing claims and liens, and implementation of financial and tax planning strategies.

Avoiding Conflicts of Interest and Ensuring Fair Distribution

Conflicts arise when plaintiffs and their family members are suing each other, and sometimes even when the lawyers get into the act by suing one another or their clients over the allocation of the settlement. Qualified Settlement Funds offer a way to handle these disputes by allowing tax-deferred time to resolve the conflict and preserving the core settlement. The QSF administrator administers the distribution depending on each case’s details and implements the court’s final instructions.

Conclusion

The use of QSFs has transformed how lawyers and their clients navigate the realm of post-settlement disputes and allocation affairs. By offering a streamlined approach to settlement fund management, addressing liens and conflicts, and facilitating settlements, QSFs bring numerous advantages to all parties involved.

By staying up to date, collaborating with experienced QSF professionals, and adapting to the requirements of each case, attorneys and plaintiffs can harness the full potential of QSFs and secure optimal outcomes in the post-settlement stage.

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