More details to this question:
My 2 children were in a car accident about a year ago. They were with their older cousin. My children are under 18. The accident wasn't the cousin's fault and so therefore she went after the other party's insurance. The car that was driven was in her mother's name. My children didn't suffer any injuries, the youngest who is nine just had an asthma attack. The cousin however received injuries. I've been told that there is basically going to be 3 settlements. For the car because it’s in another’s name and not the driver, for my children, and for the cousin. The children just went to the doctor once but the cousin has been multiple times, and for the cousin. Is that how the settlement is supposed to work. There is a lawyer involved now, and I signed some paper work. I've learned now that the money for the kids is in a trust. I didn't exactly read the papers, but can I go into the trust to get the money? Is there anyway, the cousin could've said she was the guardian to get the money in trust? She hasn't settled on her end yet because she's still going to the doctor.
7 ANSWERS
Ronald A. Steinberg
You either have to show some form of fraud, or show that the grantor was demented and was incapable of making a valid trust or a valid gift to the trust. You need a "heavy hitter" probate lawyer. Frankly, in all likelihood you are not going to be successful, and it could cost you a ton of money.
Answered on Jan 28th, 2013 at 7:17 PM
Since the children are minors, their settlement money must go into a blocked interest bearing account until they are 18 when the money will be turned over to them. Unless there is some emergence for the children, no you cannot get the money.
Answered on Jan 16th, 2013 at 1:16 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Get all this straight. You said the kids were not hurt. they went to the doctor. What kind of settlement do you expect for the kids? $100, $300? Or some such small amount. The money is normally held by the court til the kids are of full age (18) forget it and get on down the road.you will not get anything on any account
Answered on Jan 10th, 2013 at 8:43 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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The children's money will go into trust because they are the one's injured. It is their money, not yours. You will not be allowed to spend their money. The attorney can explain it in more detail.
Answered on Jan 10th, 2013 at 6:55 AM
Thomas Edward Gates
Because the children are under the age of majority, the money must be placed in a trust or a blocked account. The terms of the trust defines how the money is to be distributed.
Answered on Jan 09th, 2013 at 11:51 PM
You need to speak to the attorney involved. The insurance company will make the settlement through you but make the payment in your children's names. The money is their and not your.
Answered on Jan 09th, 2013 at 11:48 PM
Car Accident Attorney serving Carrollton, GA
Partner at
Law Office of John B. Jackson
If the net settlement to the Minor Child is less than $15,000 dollars then no trust is needed. The money goes to the Guardian. It doesn't sound like the settlement would have been more that 15k. You should consult with your attorney.
Answered on Jan 09th, 2013 at 11:13 PM