QUESTION

Can her Father collect on the settlement on behalf of the minor?

Asked on Oct 03rd, 2013 on Automobile Accidents - North Carolina
More details to this question:
My Daughter (who passed in 2010) had 2 cases that have been settled. One of the children is a minor. She is 8.
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6 ANSWERS

Edwin K. Niles
The proceeds of minors? settlements (if over $5,000) are usually placed in a blocked account, available to the minor at age 18.
Answered on Oct 03rd, 2013 at 4:31 PM

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Personal Injury Attorney serving Portland, OR at Kaplan Law, LLC
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I am so sorry for your loss. Before a settlement can occur in Oregon on a wrongful death case probate must be opened and an Estate created. Part of that process includes appointing a Personal Representative (PR) for the Estate. The Court must approve who the PR is and also the amount of the settlement. So yes the father can collect if he is the PR and the settlement has been approved by the Court. If the beneficiary is a minor, the Court will also require a Conservator to look after and account for the funds on behalf of the minor. This is a bit complicated and it is for a good reason. Hopefully this answers the questions.
Answered on Oct 03rd, 2013 at 4:15 PM

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Thomas Edward Gates
The settlement goes into Trust for the child. The money would be released when she turns 18 yrs.
Answered on Oct 03rd, 2013 at 3:43 PM

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Ronald A. Steinberg
The settlement of the cases will probably be handled through the Probate Court because those cases are part of your daughter's estate. If she had a will, the proceeds will be disbursed pursuant to the will. If she did not, then the Probate Court will appoint someone to act on behalf of her estates to distribute the funds, and that person will be responsible to the Court. If they do anything improper with the money, they could go to jail.
Answered on Oct 03rd, 2013 at 3:03 PM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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If the settlement was the property of the daughter who died (which I assume it was), then it becomes property of the child's estate. It would go to the child's next of kin, which in S.C. is are the surviving parents, or parent if the mother is not living.
Answered on Oct 03rd, 2013 at 2:25 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Guardian will have to be reported for minor or minors. Talk to your clerk of court about this.
Answered on Oct 03rd, 2013 at 2:10 PM

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