Indiana law requires that any settlement with a minor must be probated if the amount the child is to receive exceeds $10,000. This number has changed over the years, and 11 years ago the amount would have been significantly less.
29-3-3-1 Payment of debt owed to minor; delivery of minor's property; application of property
Sec. 1. (a) Any person indebted to a minor or having possession of property belonging to a minor in an amount not exceeding ten thousand dollars ($10,000) may pay the debt or deliver the property without the appointment of a guardian, giving of bond, or other order of court directly to any person having the care and custody of the minor with whom the minor resides.
Usually, it is the child's parents who are appointed guardians for the child, so it is surprising that your mom does not recall whether you, in fact, do have a bank account where the funds are being held. However, it may be that she was not the one appointed as your guardian in this particular instance.
The best way to find out if there are settlement funds is to search the probate court docket in the county where you lived at the time of the accident or settlement. If there is an account, you will need to seek the probate court's approval, and prove that you are now 18, in order to have access to the account.
If you need further assistance, don't hesitate to call the Indianapolis Injury Attorneys at Goodin Abernathy, LLP.
Answered on Dec 13th, 2011 at 3:17 PM