N001493

hursday, January 10, 2002 10:01 AM
How to assist victims' families in managing & safeguarding award s

Sirs:
I appreciate the magnitude of the task of the Special Master in not only setting a fair award in each case but also as to how to distribute the award prudently and not see it squandered away by a family or by advisors.
I am an attorney who has spent his professional life in the fiduciary management field - overseeing the administration & investment of trusts & estates. I have also had the privilege to chair discretionary distribution committees at bank trust companies whose main task is to review and decide on the distribution of Trust principal/income f/b/o a beneficiary in keeping with the terms of the governing instrument and the perceived intent of the creator of the Trust. It has become clear over the years that one of the best ways to fulfill our obligation to a particular beneficiary and other parties interested in a particular Trust is to directly pay a service provider (mortgage co., telephone, educational institution, etc.) rather than deliver substantial funds to a particular beneficiary. We thereby fulfill our duty as prudent stewards of the funds and at the same time provide emergency funds for the individual beneficiary/family. There must be some sophisticated computer programs which could assist in the proper management of your payment obligation. I know that the Salvation Army has had some serious problems with such a system but it appears that they did not set up systems with the proper scale for the task. The job is large but not impossible.
As a taxpayer, I applaud the legislation creating what amounts to our moral & human response to our fellow citizens' financial crisis. But we must be careful stewards and not deliver millions of dollars to families unequipped to manage the funds for the long term.

Good Luck,

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