Once your job as a litigator is done, and you have obtained a favorable result for your client, your role as advocate still needs to be completed. Frequently, some post-recovery procedure needs to be undertaken to give your client the full enjoyment of the litigation award.
Special Needs Trusts For Litigation Recovery
A Special Needs Trust may be used to preserve your client’s status with public benefits, while still giving him access to the funds you worked so hard to procure. Kristof & Kristof, Attorneys at Law, has experience in establishing Special Needs Trusts for qualifying plaintiffs.
Special Needs Trusts are a specialized subset of the traditional trust drafting field, one requiring significant Court interaction. The Special Needs Trust will need to be approved by the court, as will the trustee. The court will likely have to approve fiduciary accounts prepared and filed by the trustee. Blocked accounts, appropriate bonds and investment schemes may all have to be approved by the court as well.
Guardianships And Conservatorships For Litigation Recovery
If your litigation proceeds are for the benefit of a minor or incapacitated adult, a guardianship or conservatorship may be required.
The court will need to approve of the Guardian or Conservator, as well as accountings, asset holding schemes and bonds. Obtaining either a guardianship or conservatorship is a technically detailed procedure that may require significant time and effort.