QUESTION

Can I get settlement money early if I'm emancipated?

Asked on Sep 10th, 2013 on Child Custody - Utah
More details to this question:
When I was 12 years old I was hit by a car and I'm getting emancipated. I'm 16 now. I was wondering if I would get my settlement money when I am emancipated. Also, I wanted to know if when I am emancipated will I get my social security survivor benefits directly to me instead of my mother? My father died when I was 8 and I have received monthly money ever since.
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4 ANSWERS

Divorce & Family Law Attorney serving Salt Lake City, UT at Utah Family Law LC
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I think you would have to read over the terms of your settlement agreement and find out if you can make a claim to the funds once you are emancipated.
Answered on Sep 11th, 2013 at 11:12 AM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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I believe yes for the death benefits, but double check with SSA. As for the settlement, it depends on the terms of the trust that was set up. If it says 18, then unless you can get a court order compelling early distribution, it will probably be 18.
Answered on Sep 11th, 2013 at 11:11 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Absent some very special circumstances it is doubtful you will be able to receive your settlement or survivor benefits directly.
Answered on Sep 11th, 2013 at 2:22 AM

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Chapter 7 Bankruptcy Attorney serving Salt Lake City, UT at Linda D. Smith, P.C.
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Tough question. This would depend upon how the settlement was structured. You should see an attorney to look at the documents, or see the attorney who did the litigation in the first place. As far as your Social Security benefit goes you should be able to have full access, but remember emancipation is a legal issue so you need to.
Answered on Sep 11th, 2013 at 2:21 AM

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