Can a Personal Injury Settlement Be Paid to a Corporation or Trust?
The short answer is yes, , but it must be set up properly and serve a legitimate legal or financial purpose. Here’s how it works in common situations:
✅ 1. Trusts – Common and Often Recommended
Many personal injury settlements are paid directly into trusts to protect the funds, manage taxes, or preserve eligibility for public benefits.
Types of Trusts Used:
Trust Type | Purpose |
---|---|
Special Needs Trust (SNT) | For recipients on SSI/Medicaid—protects benefits |
Settlement Protection Trust | Manages funds for minors or those needing oversight |
Spendthrift Trust | Protects assets from creditors or mismanagement |
Revocable Living Trust | Avoids probate and can manage assets if incapacitated |
Pooled Trust | Managed by nonprofit, often for smaller settlements |
💡 Funds must be set up and titled correctly—consult an attorney to ensure compliance.
✅ 2. Corporations or LLCs – Rare but Possible
In some cases, settlements can be paid to a corporation or LLC, typically when:
- The business was directly injured (e.g., a commercial vehicle crash)
- The claim is assigned or sold (e.g., in litigation finance)
- The recipient uses a corporation as a management or asset protection vehicle
⚠️ Be careful: Doing this for tax avoidance or to hide assets can trigger IRS scrutiny or legal consequences.
🚫 What You Can’t Do (Safely):
- You generally can’t assign your personal injury settlement to a corporation after the fact just to avoid taxes or divorce liability
- You can’t hide funds in a business or trust to dodge creditors or courts—this could be considered fraudulent transfer
🧠 Why Use a Trust?
- Maintain Medicaid or SSI eligibility
- Avoid probate
- Get professional money management
- Protect from creditors, lawsuits, or divorce
- Provide for dependents over time
✅ Next Steps if You’re Considering This
- Work with a personal injury attorney
- Hire a trust and estate attorney to draft the right trust
- If using a business, consult a CPA or tax advisor