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how many asbestos trust funds actually exist - trying to figure out which ones joe might qualify for

Family · · 33 views
So Joe's oncologist mentioned something about trust funds when we were sitting in that awful waiting room at Moffitt back in November, and honestly I didn't absorb much because I was too busy trying not to cry in front of the receptionist. But now that we're a few months into his immunotherapy I'm trying to get my head around the financial side of things and I keep seeing different numbers online. Like some sites say there's dozens, other places say over a hundred?

I taught high school for thirty-one years and I'm used to research but this stuff is genuinely confusing because the websites don't always explain how they're counting them or if they're all still active or what. And every time I find a list it seems different from the last one I looked at.

Does anyone here actually know roughly how many of these trust funds are out there and working? Like are we talking 50, 100, 200? And is there a resource that actually lists them in one place or do you have to hunt through each one? Our lawyer mentioned it but we haven't had a real deep dive yet and I don't want to show up to that meeting looking completely lost.

How did you guys navigate this part when you were figuring out what Joe might be eligible for?

10 Replies

Veteran
Yeah, the trust fund thing is a maze. I've been down this road since November when I filed my VA claim and started looking into what else might be out there. From what I've gathered talking to other guys and doing my own digging, there's somewhere in the ballpark of 60 to 80 active trusts that actually have money sitting in them. Some websites throw around numbers like 140 or whatever but a lot of those are either closed or basically empty, so they don't mean much to Joe.

The real problem is nobody keeps a single master list that's current. I found one resource through my VA rep that had about 65 trusts with contact info and claim procedures but even that gets outdated pretty quick. Your lawyer will have the actual comprehensive list though, that's their job and they'll know which ones Joe might qualify for based on where he was exposed.

For us it was different because the ship records from USS Iwo Jima are easier to track than some civilian job sites, but the principle is the same. Don't go into that meeting worried about looking lost. Bring a list of anywhere Joe worked or served, any dates you can remember, and let them do the heavy lifting. That's what you're paying them for. They'll cross reference it against the trusts and tell you which ones make sense to file with. I'm still waiting on my VA decision from November so I can't tell you much about timing yet but the trusts move faster than the government does, that's for damn sure.
Family
Honestly the number thing was less important to me than just having my lawyer actually map out which ones my mom would qualify for based on her exposure history. Like we knew she worked around asbestos at the school district back in the 70s but I didn't know if that even counted until our attorney literally went through like five different trusts and said "these three are realistic, these others probably not." So instead of trying to figure out if there's 80 or 150 of them total, maybe ask your lawyer to do that filtering for you first? That way you're not drowning in lists of trusts that don't apply anyway. We had our deep dive in January and it actually made me feel way less overwhelmed because suddenly it wasn't this endless maze, it was just three specific places to focus on. Your lawyer should be doing that legwork, not you sitting up at night googling like I was doing back in September...
Attorney ✓ Expert Response
The number you'll see most often cited is around 60 active trusts, though I've seen estimates ranging from 55 to over 65 depending on who's counting and whether they're including trusts that are still processing claims versus ones that have technically stopped accepting new filings. The RAND Institute for Civil Justice published a study a few years back that tracked these closely and their numbers landed in that same general range for fully operational trusts.

Here's what makes the counting confusing. Some trusts were set up as part of the same bankruptcy but run separately, so depending on whether you count by company or by trust entity you get different totals. And a handful have either run low on funds or restructured their payment percentages, so "active" can mean different things on different sites.

What actually matters for Joe is not the total number, it's which specific manufacturers, products, or job sites he was exposed to. In my experience a single worker can qualify for claims against anywhere from two or three trusts to a dozen or more, depending on their work history. We had a client once whose exposure at a shipyard in the early 1970s ultimately touched seven separate trust claims nobody expected going in.

The RAND database and the Asbestos Disease Awareness Organization both maintain resources worth looking at before your attorney meeting. Going in with a detailed timeline of Joe's work history, every employer and trade he worked in, and any products he can remember by name will help your attorney run a proper exposure analysis. That's really the starting point for figuring out which trusts are even relevant.

Please do consult with your attorney specifically about Joe's situation, as eligibility varies considerably by jurisdiction and individual exposure history.
3 found this helpful
Attorney ✓ Expert Response
Helen's point about exposure history is really where the work happens, and I'd add one layer to that: the trusts each have their own "disease level" criteria, so Joe's specific diagnosis matters as much as where he worked. Mesothelioma typically qualifies at the highest tier in most trust documents, which affects both processing speed and the percentage payout.

One thing that genuinely surprises families is the concept of payment percentages. A trust might have a scheduled value of, say, $125,000 for a given disease level, but if that trust is running low on funds it may only be paying out 25 cents on the dollar currently. Your lawyer should be pulling the current payment percentage for each trust before you walk in, because that changes the math considerably.

And the Moffitt pathology records from his diagnosis are going to matter more than most people realize. I've seen cases where the specific cell type documented at diagnosis opened doors to trusts the family hadn't even considered.

Definitely talk to your attorney specifically about this before that meeting, every situation really is different.
2 found this helpful
Attorney ✓ Expert Response
One thing I haven't seen mentioned yet: the RAND Institute published a study a few years back estimating that over $30 billion had already been paid out through these trusts since the first ones were established in the late 80s, and the total set aside is well over $30 billion more. So the scale of this system is larger than most families realize when they're sitting in that waiting room trying to absorb everything.

The piece that tends to surprise people is that filing with one trust doesn't block you from filing with others. Joe could potentially qualify for several, each evaluated on its own criteria. Your lawyer will likely work through what's called an exposure matrix, basically mapping every job site, product, or employer against the trust database. We've seen cases where someone worked a single shipyard job in 1971 and it touched four separate trusts because multiple manufacturers supplied materials to that site.

Showing up to that meeting with his full work history, even the jobs that seem unrelated, will matter more than knowing how many trusts exist. Talk to your attorney about this specifically before you go in.
2 found this helpful
Family
Oh wow, that $30 billion figure really puts it in perspective. I mean I knew these trusts existed but hearing it laid out like that is different, you know? Joe's lawyer mentioned the numbers in passing but not in a way that made it click for me like that does.

So when you say filing with one doesn't... I think your message got cut off? But I'm curious what you were about to say because that's exactly the kind of detail I need to understand before we sit down with our lawyer next week.
Veteran
Look, I get the confusion because I'm living it right now. The number thing matters less than what Mark said, but here's what nobody tells you upfront: a bunch of these trusts are basically closed to new claims or moving so slow that by the time you get approved it's been two years. When I started digging into this back in November after my diagnosis, I thought I'd just file with the VA and call it done. Wrong. My VA claim is still pending and meantime my oncologist said I should be looking at the trust route too. So I had to learn real quick that it's not just about which trusts exist, it's about which ones are actually accepting claims and moving cases through the system at a pace that matters when you're Stage II and don't know how much time you've got. Your lawyer will know which ones are worth pursuing for Joe's specific exposure, but when you sit down with them ask them directly which trusts they're gonna prioritize and why. Don't let them give you the whole list and expect you to feel better about it. I made that mistake early on and it just added stress. You want the short list of ones that are gonna actually help Joe, not the encyclopedia version.
Patient
Hey, I get the confusion. When I was going through my stuff after surgery in February I made a spreadsheet, kinda like I used to track parts inventory back at the shop, and just started writing down which trusts came up for my exposure period. Turns out my lawyer had already narrowed it down to like maybe 8 or 9 that actually mattered for brake pad dust from the 70s-2000 timeframe, so all that hunting around online felt like I was spinning my wheels looking at places that didn't apply to me anyway. Your guy's oncologist probably knows which ones are actually relevant based on what Joe was exposed to and when, so maybe that's worth asking about directly instead of trying to figure out the whole landscape first. The trust fund thing felt way less scary once I stopped trying to count all of them and just focused on the ones my lawyer said had money for mechanics with my timeline.
Family
Oh man, the spreadsheet idea is brilliant and so like you to organize it that way. That actually makes me feel better about this whole thing because it sounds like your lawyer did the heavy lifting for you, which is what I'm hoping ours does too once we get into it. So it's not like we're supposed to know all hundred-whatever exist, just the ones that actually match Joe's exposure history? That makes way more sense than what my brain was doing, which was trying to memorize every single one.
Patient
From what I've gathered researching my own case, there's somewhere in the ballpark of 60-plus active trusts but the number fluctuates depending on how you're counting them and which ones are still accepting claims. Your lawyer will be able to narrow down which ones actually apply to Joe's specific exposure history, which honestly is the key thing rather than knowing the total count. I'd just bring your employment history and exposure details to that meeting and let them do the heavy lifting on matching him to the right funds.

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