More than $30 billion remains in asbestos trust funds that bankrupt companies set up to compensate mesothelioma patients and families. Since 1988, more than $17 billion has been distributed. These funds help cover medical bills and lost income when bankrupt companies contributed to your exposure.
Written by Danielle DiPietro | Legally Reviewed by Whitney Ray Di Bona, Esq. | Edited by Amy Edel | Last Update:
“Filing a claim through a law firm gives patients access to both a lawsuit and the asbestos trust funds available to them. We're not here to help you with only your trust fund claim. We go down the full list of resources and help you understand what you qualify for.”
Danielle DiPietro, Financial Advocate, Board Certified Patient Advocate and VA-accredited claims agent at The Mesothelioma Center
“There are companies that manufactured products years and years ago to which a person may be exposed to that have filed for bankruptcy protection. When they do that, oftentimes, a trust gets set up. You are allowed to file claims with those trusts to recover compensation as well as file a lawsuit against the viable companies court, and we do both.”
Samuel Meirowitz, attorney and partner at the Meirowitz & Wasserberg law firm
“No matter what, you still have your expenses that you have to pay for. Your travel expenses. We traveled almost a hundred miles for a treatment. And you gotta eat… gas and the wear-and-tear on your vehicle. You might as well be able to enjoy things in life rather than be preoccupied with how you're gonna pay for something.”
Carla Fasolo, pleural mesothelioma survivor
“Filing a claim through a law firm gives patients access to both a lawsuit and the asbestos trust funds available to them. We're not here to help you with only your trust fund claim. We go down the full list of resources and help you understand what you qualify for.”
Danielle DiPietro, Financial Advocate, Board Certified Patient Advocate and VA-accredited claims agent at The Mesothelioma Center
“There are companies that manufactured products years and years ago to which a person may be exposed to that have filed for bankruptcy protection. When they do that, oftentimes, a trust gets set up. You are allowed to file claims with those trusts to recover compensation as well as file a lawsuit against the viable companies court, and we do both.”
Samuel Meirowitz, attorney and partner at the Meirowitz & Wasserberg law firm
“No matter what, you still have your expenses that you have to pay for. Your travel expenses. We traveled almost a hundred miles for a treatment. And you gotta eat… gas and the wear-and-tear on your vehicle. You might as well be able to enjoy things in life rather than be preoccupied with how you're gonna pay for something.”
Carla Fasolo, pleural mesothelioma survivor
Mesothelioma trust funds are financial reserves asbestos companies establish as part of the bankruptcy process to compensate people diagnosed with asbestos-related diseases. Courts require these trusts to operate independently with their own criteria, review processes and payment percentages to ensure fair, ongoing compensation.
Companies established these trust funds as part of bankruptcy proceedings they pursued amid mounting lawsuits over asbestos exposure. Bankruptcy courts granted Chapter 11 protection only after companies agreed to fund trusts for current and future claims. The first mesothelioma trust fund, the Johns Manville Asbestos Trust, was created in 1988 with $2.5 billion set aside.
Mesothelioma trust funds continue to be created. For example, Duro Dyne Asbestos Trust Fund began accepting claims in September 2021. Billions of dollars are currently available in these funds. A mesothelioma lawyer can help you file your mesothelioma trust fund claim.
Many people diagnosed with mesothelioma may be eligible to file an asbestos trust fund claim, even if they’re uncertain about their full exposure history. Experienced asbestos attorneys maintain detailed product and jobsite databases covering tens of thousands of worksites. They can investigate your asbestos exposure history to determine which companies are liable.
People Who May Be Eligible
Anyone diagnosed with an asbestos-related disease as a result of primary or secondary exposure may be eligible. Your lawyer can file claims with multiple trusts if more than one company caused your exposure.
Surviving family members, including spouses, children and heirs, can file claims on behalf of loved ones. Family members may also file on behalf of a loved one who has passed away, and an experienced asbestos attorney can confirm which trusts remain claimable after death.
Each asbestos trust fund sets its own filing deadline, separate from other trusts and your state’s statute of limitations for filing lawsuits. If you’re eligible to file with multiple trusts and pursue a lawsuit simultaneously, your lawyer will manage all of the various deadlines on your behalf. And if you’ve already missed one trust’s deadline, you likely can still file within the limits of others and your state’s statute of limitations for filing a lawsuit.
Variables to Discuss With Your Lawyer
Asbestos trust fund deadlines are usually 2 to 3 years from diagnosis. Filing as soon as possible may also result in higher payouts, as payment percentages tend to decline over time as claim volume grows. A qualified mesothelioma lawyer can file on your behalf while you focus on treatment.
Each asbestos trust assigns specific claim values to mesothelioma, lung cancer and asbestosis diagnoses, with mesothelioma usually having higher payouts. The typical claim value for one trust fund claim is $180,000. But the actual payout depends on that trust’s current payment percentage.
For example, the Johns Manville Asbestos Trust has a typical claim value of $350,000 for mesothelioma claims. However, its current payment percentage of 5.1% means it actually pays about $17,850 per mesothelioma patient. The W.R. Grace Asbestos Trust has a lower typical claim value of $180,000, but its payment percentage of 30.1% means it pays about $54,180 per patient.
Factors Impacting Asbestos Trust Fund Payout Amounts
Payment percentages change over time as trusts manage their remaining funds. Often a mesothelioma lawyer will help a patient file with multiple trust funds. Patients who file claims with multiple asbestos trust funds typically receive $300,000 to $400,000 in total compensation. The average mesothelioma trust fund payout is often less than the average trial verdict or settlement, but usually pays out faster.
Attorney Jim Kramer of Simmons Hanly Conroy tells us, “To receive compensation from asbestos trust funds, it’s essential to have a lawyer who knows the ins and outs of asbestos litigation.” This type of mesothelioma compensation only applies to companies that have filed for bankruptcy and established a fund.
| Trust Fund | Scheduled Value (Mesothelioma) | Payment Percentage |
|---|---|---|
| ASARCO Asbestos PI Trust | $200,000 | 35% |
| W.R. Grace Asbestos PI Trust | $125,000 | 30.1% |
| USG Asbestos PI Trust | $325,000 | 11% |
| Armstrong World Industries Trust | $350,000 | 10.8% |
| Johns Manville PI Trust | $600,000 | 5.1% |
| Owens Corning/Fibreboard Trust | $200,000 | 4.7% |
Based on the most comprehensive available analysis, estimates consistently place current trust fund assets at more than $30 billion. About $25 billion was left in asbestos trust funds in 2016, according to a 2018 U.S. Chamber Institute for Legal Reform report. New trust formations and ongoing trust investments have increased that figure since.
The actual amount is difficult to determine. Several new trusts have formed in the last few years. Trusts also make investments to help increase the amount available for mesothelioma survivors and their families.
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Jim Kamer: What are asbestos trust funds, and how do you access them?
More than 60 active asbestos trust funds currently hold more than $30 billion to compensate patients diagnosed with mesothelioma and other asbestos-related diseases. Most mesothelioma patients were exposed to asbestos products from multiple companies and can file claims with multiple trusts simultaneously. An attorney will identify which trusts apply to your specific exposure history.
Dozens of asbestos companies, including W.R. Grace and United States Gypsum, have set up trust funds. ASARCO LLC’s trust fund, ASARCO Asbestos Personal Injury Settlement Trust, for example, was started with $830 million, making it well funded but not at the top of the list for most initial assets. However, since opening in 2009 it’s processed more than 527,000 claims, making it a high-volume trust. Some funds have had to add additional funds like Johns Manville, which underestimated the number of claims it would receive and then added another $520 million.
| Company | Trust Fund Name | Estimate of Initial Assets | Year Established |
|---|---|---|---|
| North American Refractories (NARCO) | North American Refractories Company Asbestos Personal Injury Settlement Trust | $6.32 billion | 2013 |
| United States Gypsum | USG Asbestos Personal Injury Settlement Trust | $3.9 billion | 2006 |
| Owens Corning Corporation | Owens Corning/Fibreboard Asbestos Personal Injury Trust | $3.4 billion | 2006 |
| Pittsburgh Corning Corporation | Pittsburgh Corning Asbestos Personal Injury Settlement Trust | $3.4 billion | 2011 |
| W.R. Grace & Co. | WRG Asbestos PI Trust | $3 billion | 2001 |
| DII Industries (Halliburton) | DII Industries LLC Asbestos PI Trust | $2.5 billion | 2005 |
| Johns-Manville Corporation | Manville Personal Injury Settlement Trust | $2.5 billion | 1988 |
| Armstrong World Industries | Armstrong World Industries Asbestos Personal Injury Settlement Trust | $2 billion | 2006 |
| Western Asbestos (Western MacArthur) | Western Asbestos Settlement Trust | $2 billion | 2004 |
| Babcock & Wilcox | Babcock & Wilcox Asbestos Personal Injury Settlement Trust | $1.85 billion | 2006 |
Filing an asbestos trust fund claim involves meeting each trust’s eligibility criteria, gathering medical and exposure evidence and submitting through the trust’s review process. Most people work with a mesothelioma attorney who handles filing across multiple trusts simultaneously.
You must be eligible and provide evidence to file a mesothelioma trust fund claim. The first step is to speak with a lawyer who can help you get the documentation to meet the fund’s eligibility criteria. Your lawyer will gather the evidence before filing the claim.
Finding a lawyer with experience in mesothelioma trust fund claims is essential. They’ll guide you through these steps to give you peace of mind and let you focus on your recovery.
Each asbestos trust fund sets its criteria that potential claimants must meet to file a successful claim. The trust fund’s website typically outlines these requirements.
Common Asbestos Trust Fund Criteria
The criteria changes depending on many factors. These can include the place of exposure, the types of products involved and when the company used asbestos products.
You’ll need to gather evidence to support your claim. Your asbestos attorney and their team will help you and conduct investigations.
Evidence Typically Required
Researching your work history is an important part of the process. You’ll also work with your medical team to gather diagnosis reports and other health information.
Once your attorney has gathered evidence, they’ll submit it per the asbestos trust’s protocols. Most trusts accept claims submitted through their websites. Other trusts may require the submission of a printed claim through the mail. Your attorney will find the best method to submit your claim to ensure a smooth approval process.
Asbestos trust funds have separate review processes for claims based on an individual’s asbestos exposure and particular life situation. Make sure to inquire with the trust’s administrators or ask your attorney to explain the process. The trust’s administrators will review the evidence in your claim.
Evidence Review Processes
Terminally ill patients who need compensation urgently may qualify for an extraordinary claim, sometimes called an expedited hardship review. This allows trustees to prioritize your claim outside the normal queue based on your prognosis and financial need. To qualify, you typically need documentation of your terminal diagnosis and, in some trusts, evidence of a single primary exposure source. An experienced mesothelioma attorney can tell you whether you qualify for an extraordinary review and which trusts offer it.
For both expedited and individual reviews, if you’re unsatisfied with the payout offered, your claim may move to arbitration. If arbitration fails, you may have the right to sue the trust. An experienced mesothelioma attorney has the expertise to know which type of asbestos trust fund review will likely result in a better outcome for your case. After a claim is approved, payment goes through a process called liquidation. The trust fund provides a payment schedule, which may involve installments over time.
Find out if you’re eligible for compensation with help from the nation’s most trusted mesothelioma resource.
Get Your Free GuideVeterans who were exposed to asbestos during their military service can file asbestos trust fund claims. These claims don’t affect VA disability benefits or VA healthcare eligibility. Asbestos trust funds and VA benefits are entirely separate compensation systems and can be pursued at the same time.
Asbestos exposure in the military commonly occurred in shipyards, on naval vessels and in barracks from construction materials and machine equipment. The U.S. military used asbestos extensively throughout much of the 20th century.
Veterans may qualify to file trust fund claims or lawsuits against the manufacturers of these asbestos-containing products. Most of these manufacturers are private companies that have established bankruptcy trusts. A mesothelioma attorney with experience helping veterans can identify the right trusts for you based on your military record.
Asbestos lawsuits climbed to 4,244 in 2025, the highest total since before pandemic-era court closures slowed filings nationwide. Mesothelioma cases crossed 2,000 for the…
Filing a mesothelioma trust fund claim differs from filing a lawsuit. Mesothelioma trust fund claims generally offer a faster, more streamlined process with lower compensation than asbestos lawsuits. The trust fund’s administration is separate from the bankrupt or reorganized company.
A mesothelioma trust fund claim also differs from a VA claim. Veterans are eligible for veterans’ benefits and claims. VA claims aren’t legal claims. They offer compensation and health care to veterans of the U.S. armed forces and their families.
Mesothelioma survivors have several options for compensation. These options include asbestos lawsuits, Social Security Disability Insurance and personal insurance. A qualified mesothelioma law firm can help you determine your legal options. Many patients pursue claims through trusts, lawsuits and veterans benefits simultaneously to maximize compensation.
| Trust Fund Claims | Lawsuits | VA Benefits | |
|---|---|---|---|
| Speed to first payment | 3 to 6 months | 1 to 3 years | Varies |
| Typical compensation | $7K to $1.2M per trust (total $300,000 to $400,000) | Average $1M to $2M settlement or $20.7M avg. trial verdict | Monthly disability payments and healthcare |
| Court required? | No | Yes | No |
| Who qualifies | Anyone exposed to bankrupt company products | Anyone with a claim against solvent companies | Veterans with service-related exposure |
| Can be combined? | Yes | Yes | Yes |
Mesothelioma trust funds are generally created through Chapter 11 bankruptcy courts. These trusts usually hold enough money to pay for future claims.
Creating Asbestos Bankruptcy Trusts
An experienced asbestos lawyer will know if the company responsible for your asbestos exposure has gone through this process of creating an asbestos trust fund. They’ll help you navigate the trust fund process.
The average total trust fund payout for mesothelioma patients is $300,000 to $400,000, based on estimates from legal and research experts. This represents compensation across all trust claims filed by a single patient. Individual per-trust payouts range from $7,000 to $1.2 million depending on the trust’s scheduled value and current payment percentage. Mesothelioma claims generally receive higher trust fund payouts than other asbestos-related diseases such as asbestosis or lung cancer.
Most claims are processed within 3 to 6 months. Expedited claims, with proper documentation, may be paid in fewer than 90 days.
Most asbestos trust funds distribute approved claims as a lump-sum payment, though some trusts may issue payments in installments depending on their distribution procedures. As described in the filing process above, payment goes through a liquidation process after claim approval, and the trust provides a payment schedule at that time. Expedited review claims are generally processed and paid within 30 to 90 days.
The IRS generally doesn’t consider asbestos trust fund payments taxable income because they compensate for physical injuries or illness. This applies to both the original patient and family members who receive trust fund payments after a loved one’s death.
Carl Money, a mesothelioma attorney at The Nemeroff Law Firm, explains, “Compensation from the asbestos trusts is not taxable.” For specific guidance on how trust payments interact with estate taxes or other compensation sources, consult a tax professional.
Eligibility for a specific asbestos trust fund depends on whether your illness can be connected to that company’s products. Most people don’t know every company whose products they were exposed to, which is why attorneys play such a critical role. Mesothelioma attorneys have access to detailed product databases and job site records that can identify which trusts apply to your case.
Yes. Spouses, children and heirs of a mesothelioma patient can file asbestos trust fund claims, including after their loved one has passed away. Most trusts continue to accept these claims within the trust’s filing deadline. A mesothelioma attorney can confirm which trusts are still claimable and file on the family’s behalf.
Carl Money, a mesothelioma attorney at The Nemeroff Law Firm, adds, “The mesothelioma victim, spouse, children and heirs can file claims against the asbestos trusts.”
You’ll need an attorney’s guidance because each asbestos trust has its own filing protocols, documentation requirements and eligibility criteria. Building the exposure and medical evidence to meet those requirements is what mesothelioma attorneys do every day. Most attorneys work on contingency, meaning you pay nothing unless you receive compensation.
Carl Money, a mesothelioma attorney at The Nemeroff Law Firm, adds, “It’s best to have an attorney file claims with the asbestos trusts, given the unique exposure and medical evidence necessary to successfully pursue a mesothelioma case with the asbestos trusts.”
Filing a trust fund claim doesn’t prevent you from filing a lawsuit against solvent companies. Both are separate legal processes and can be pursued at the same time. Some states require trust fund claims to be disclosed to the court during the lawsuit process. In certain states, trust fund payments you’ve already received may be deducted from your final lawsuit award. An experienced mesothelioma attorney will manage both processes with those rules in mind.
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DiPietro, D. (2026, September 1). Mesothelioma and Asbestos Trust Funds. Asbestos.com. Retrieved September 3, 2026, from https://www.asbestos.com/mesothelioma-lawyer/compensation/trust-fund/
DiPietro, Danielle. "Mesothelioma and Asbestos Trust Funds." Asbestos.com, 1 Sep 2026, https://www.asbestos.com/mesothelioma-lawyer/compensation/trust-fund/.
DiPietro, Danielle. "Mesothelioma and Asbestos Trust Funds." Asbestos.com. Last modified September 1, 2026. https://www.asbestos.com/mesothelioma-lawyer/compensation/trust-fund/.
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A mesothelioma lawyer who specializes in asbestos litigation reviewed the content on this page to ensure it is legally accurate.
Whitney Ray Di Bona brings a unique perspective to The Mesothelioma Center's content on Asbestos.com. As both a practicing attorney and consumer safety advocate, she has encountered asbestos-related cases throughout her legal career. She draws on her experience in mass tort litigation and background as a former prosecutor to ensure the accuracy and helpfulness of content for mesothelioma survivors and their families.
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