QUESTION

What will happen at a probate court Involving a minor child receiving a settlement greater than $25,000?

Asked on Jul 06th, 2020 on Wills and Probate - Ohio
More details to this question:
We live in Ohio and was involved in a auto accident and my daughter broke her tibia bone (lower leg). My daughter is 8 and was born with a genetic disorder and with this disorder she is globally delayed and severely intellectually delayed. I’m her custodial mother who also advocates for her and take care of her full time. Third party involved at fault said once we come to an agreement with a settlement amount it will then go for Probate Approval in my state. How will the court hand with special needs? Will they deposit it in the custodial account?
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1 ANSWER

Wills Attorney serving Austin, TX
2 Awards
If your daughter is receiving SSI, you will want the funds to be directed to an account for her benefit with a master pooled special needs trust in your state.  If not, you will want to see whether the funds can be deposited in a Uniform Gift to Minors/Uniform Trust for Minors bank account and, to allow her to receive SSI when she turns 18, at that point be directed to an account for her benefit with a master pooled special needs trust in your state.
Answered on Jul 07th, 2020 at 5:29 AM

This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.

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