QUESTION
What can I do if my parents don’t give me access to the settlement money that I go after an injury when I was a minor?
Asked on Sep 19th, 2012 on Personal Injury - New York
More details to this question:
I feel as though I am entitled to know the status of it. Furthermore, there is reason to believe that they spent it already without informing me. What is my best course of action being as though it is roughly $30,000?
11 ANSWERS
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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If you are of full age it is yours and you are fully entitled to it (unless the money was paid to your parents to pay your medical bills. are you sure of what youspeak?) you can sue your parents but I don't know many folks who want to do that.
Answered on Jun 27th, 2013 at 9:40 PM
1 Award
File suit and ask for an accounting.
Answered on Jun 27th, 2013 at 9:36 PM
Ronald A. Steinberg
Go back to your attorney. If you are under the age of majority, you can do nothing. If you are an adult, then the money is legally yours. You can sue your parents.
Answered on Sep 25th, 2012 at 9:46 PM
Thomas Edward Gates
The settlement money should have been held in a blocked account and required a court order to withdraw the money. If they indeed spent the money or refuse to give it to, hire an attorney.
Answered on Sep 24th, 2012 at 9:17 PM
In California, the settlement for a minor has to be approved by the court and the money placed in a blocked account until the minor turns 18.
Answered on Sep 24th, 2012 at 9:02 PM
Bankruptcy Attorney serving Bellevue, WA
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Wild Sky Law Group, PLLC
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You should call a lawyer immediately. If the insurance company settled a case with your parents without obtaining court approval of the settlement, the settlement is not valid and depending on your current age and whether the statute of limitations has run, you may still be able to go back against the insurance company. If the case was settled with court approval, the funds should have been placed in a blocked account. If they were, but the bank allowed your parents access to the funds, you may have a claim against the bank. There are a lot of different scenarios here, but to resolve them, you are most likely going to need legal assistance. You should call an attorney right away in case the time limits for taking action are running.
Answered on Sep 21st, 2012 at 12:15 PM
Brain Injury Attorney serving Baton Rouge, LA
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The Lucky Law Firm, PLC
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If that much money was received by your parents on your behalf, then there should be a court approved settlement. In Louisiana, your parents should have kept the money in an interest bearing account for you until you turned 18. You may have an action against your parents for the money if they disposed of it without receiving court approval first. You should search the court records of the parish in which you resided at the time of the settlement. Best of luck.
Answered on Sep 21st, 2012 at 12:14 PM
Litigation Attorney serving Olean, NY
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Black, Lyle & Habberfield, LLP
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If you had a case as a minor then the money must be placed in a restricted interest bearing account or structured settlement. Upon the age of 18 you become an adult and can do as you wish with the money. There must be a court order directing exactly how the funds become yours and how much they are. If you are 18, you can do what you want with it. The money is yours, not your parents and they should not have any access to it whatsoever. Get a copy of the Infant Settlement Approval Order to see where your money is and how much it is. It will be filed in the county where you live, most likely.
Answered on Sep 21st, 2012 at 12:13 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Your settlement money was supposed to have been put into a trust for your benefit, accessable only by court order, with the balance to be turned over to you when you reached the age of 18. There should be something on file with the County Clerk's office. Get a copy. Find out the name of the attorney who handled the settlement, and contact him/her. Same with the judge who signed off on it. If you can find out what bank is involved, contact them as well.
Answered on Sep 21st, 2012 at 12:08 PM
Personal Injury Attorney serving Richmond, VA
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Blank & Marcus, LLC
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Go to the court where settlement was approved and see what happened to the money. It sounds like you will need an attorney.
Answered on Sep 21st, 2012 at 12:08 PM
Personal Injury Attorney serving New York, NY
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Rothstein Law PLLC
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It is supposed to be in a bank and your parents should not have access to it absent a court order. Go to the court and get a copy of the order, which will tell you the name of the bank it was ordered to be deposited into. Then go to the bank and see if they will confirm the money is there. You can't access it until you reach 18.
Answered on Sep 21st, 2012 at 12:07 PM