QUESTION

What rights as the parent of a child thats won a wrongful death law suit

Asked on May 15th, 2019 on Wills and Probate - Georgia
More details to this question:
My child was awarded a settlement that was brought on by her grandmother and she wants to have access to her estate, what can i do as the parent
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1 ANSWER

Wills Attorney serving Alpharetta, GA
4 Awards
In general, your child's right to an award for the wrongful death of another person belongs to your child. If your child is under 18 when she received the award, generally it would either have been placed in some kind of trust for her or someone would have been appointed as a conservator for her. Once she turns 18, if there was just a conservator appointed, she's entitled to the remaining funds and you can't prevent her from taking them. If the award was put into a trust and a trustee established, there may be provisions that allow the trustee to continue to control the property for a while after your child turns 18, but if the trust says she receives the property outright at a certain age, again, you can't prevent her from getting it. All you can do, in either of those cases, is to try and convince her to allow you or someone else to continue to control it, which she could address by either creating a trust for her own benefit that hands control to another person as trustee or by, at a minimum, giving you or someone else a power of attorney and then refraining from dipping into her own accounts. But you can't force her to do either of those things.
Answered on May 16th, 2019 at 5:27 AM

This answer is being provided as general information and not as legal advice. No attorney-client relationship is created by this answer.

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