QUESTION

Can I borrow money against a trust fund from a car accident settlement?

Asked on Oct 27th, 2012 on Personal Injury - California
More details to this question:
I won $50,000.00 due to a car accident settlement from the insurance company. My lawyer put it in a trust fund. I have filed a suit against the other insurance company for $150,000.
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7 ANSWERS

Ronald A. Steinberg
Yes you can, but if you do, you are going to be very sorry. If you borrow, let's say, $5,000, by the time you pay it back, you will end up paying about $10,000. That sounds pretty stupid to me. Why don't you go to a bank and borrow money, using the trust fund as collateral; even if you have to pay 5% or so on the loan, you still come out ahead. You can also go to a company that will actually buy your fund; they will pay you about 50% of the $50,000, and then they will sit on it until it comes due. That is another way of being foolish. Think about it!! Do you REALLY need the money now? At those interest rates?
Answered on Oct 30th, 2012 at 9:54 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Not enough facts here. are you a minor? If so the funds are likely being held by the court until you are 18? Your lawyer has nothing to do with those funds if they ARE HELD BY THE COURT. IF YOU ARE ABOVE THE AGE OF 18 you may be able to do something. It would depend on the language and purposes of the trust. You don't have a "lawsuit" for $150000 and a "settlement for $50000" you can have one but not both. I assume you settled your lawsuit for $50000. The reasons it is being held in trust might be that you are under l8 or you are somehow incompetent to manage your own affairs. Talk to your lawyer and insist that he answer these questions. If he wont answer, fire him and hire another who will.
Answered on Oct 29th, 2012 at 5:10 PM

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Thomas Edward Gates
The terms of the Trust will dictate whether you can get an advancement of the funds.
Answered on Oct 29th, 2012 at 5:09 PM

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Assault Attorney serving Richardson, TX
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Since you have a lawyer working on your case you should consult with him first. He is familiar with the reason it was put in trust.
Answered on Oct 29th, 2012 at 5:09 PM

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Personal Injury Law Attorney serving Naperville, IL at Law Office of Barry R. Rabovsky
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Consult an attorney.
Answered on Oct 29th, 2012 at 5:07 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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That will be determined by the terms of the trust. Read it, of have your attorney read and explain it to you.
Answered on Oct 29th, 2012 at 5:02 PM

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Personal Injury Attorney serving Rosemead, CA at Mark West
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If there was a settlement against one party, at least part of that money is yours. Litigation is expensive and I understand that attorneys like to have some money kept from partial settlements to offset future costs. I would ask for an advance on your share of the original settlement, not a loan. You could make a written agreement as to how much of the original settlement is to remain to cover upcoming litigation costs.
Answered on Oct 29th, 2012 at 5:00 PM

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