Can I receive the settlement for the car now that I'm already 19? 11 Answers as of March 07, 2013

I got a settlement from a car accident when I was young but couldn't receive the money till I am 18. I am 19 now. I have not received a notice about the settlement. Also ,Can my parents touch the check before I turned 18?

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Alison Elle Aleman, Attorney & Counselor at Law
Alison Elle Aleman, Attorney & Counselor at Law | Alison Elle Aleman
Contact the law firm that arranged the settlement to ascertain if it was ever paid to your parents before you attained age 18 years. If so, you have to get it from your parents, which could be a problem. If not, then ask the law firm to send your money to you. Hopefully, you have some of the paperwork, so you know who to contact.
Answer Applies to: California
Replied: 3/7/2013
Law Offices of Mark West
Law Offices of Mark West | Mark West
You should go to the court and look at the file for your case and find out what into what bank (or other financial institution) your money was placed. That money should still be there and turned over to you. Your parents have no right to that money, it is yours.
Answer Applies to: California
Replied: 3/7/2013
Gates' Law, PLLC | Thomas E. Gates
Normally, a Minors settlement is placed in a blocked account until they turn 18. Some terms have the money being released upon their 18th birthday. Other terms may require that they petition the court for its release. If it was placed in a blocked account, any money disbursement would require a court order.
Answer Applies to: Washington
Replied: 3/6/2013
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Usually, when a kid gets a settlement, the money is put into a structured settlement which includes interest on the money until it is paid out. Usually, the money is paid out at various times, such as 18, 21, 24, and 27, or something like that. It keeps the kid from wasting the money, and it allows the money to grow at interest without incurring taxes. You need to see the paperwork confirming the settlement to learn what the details are. If the money is in a structure, then your parents cannot get to the money.
Answer Applies to: Michigan
Replied: 3/6/2013
Paul Whitfield and Associates P.A.
Paul Whitfield and Associates P.A. | Paul L. Whitfield
In North Carolina the clerk of court usually holds minors funds until the minor reaches age 18. I dont think anyone needs to send you any kind of notice. Go to the clerks office and make inquiry if they are holding funds for you. I don't know what your question is about your parents doing something with the money long ago. Normally they would not have any right to your funds (unless those funds were paid to them to reimburse medical expenses)
Answer Applies to: North Carolina
Replied: 3/6/2013
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    You dont give enough info for a complete answer here. So, I will have to make an educated guess at the facts. Settlements below $10,000 do not require court approval, but settlements over that much do. Court approved settlements require a final accounting to the Court when you turn 19. My guess is that because you didnt receive notice, the settlement was below $10,000 and was given to one of your parents to be spent only on your needs during your minority. Ask your parents where the money is.
    Answer Applies to: Alabama
    Replied: 3/6/2013
    Robert Butwinick | Robert Butwinick
    Assuming you had an attorney handling the claim, I recommend you contact that lawyer and obtain a copy of your Minor Settlement Order. The Order would have been signed by a judge and contain the information you are seeking, such as where the money was deposited and whether any specials conditions were established. Sometimes the settlement funds will be available in full and other times the funds are set up as a structure, where certain sums are available at pre-set time intervals. It is unlikely that your parents would have access to the funds, but, again, Id refer you to the judge's Order to review the important details.
    Answer Applies to: Minnesota
    Replied: 3/6/2013
    Law Office of Christian Menard
    Law Office of Christian Menard | Christian Menard
    You should check the court records concerning your case. The money should have been put into a blocked account and the court order should specify when you can access the funds. Get a certified copy of the order and present it to the bank which should then be able to verify you are entitled to receive the funds. Your parents should not have been allowed to access the funds unless the court order said they could for your benefit while you reached 18.
    Answer Applies to: California
    Replied: 3/6/2013
    John Russo | John Russo
    Contact the attorney that handled the matter, if none then contact the insurance carrier, but your parents would have had to sign the release on your behalf at the time of settlement, and the check most likely came as Mr, Mrs. so and so as parents for you, which means they could have cashed the check, as well as just deposited it.
    Answer Applies to: Rhode Island
    Replied: 3/6/2013
    Henry Lebensbaum | Henry Lebensbaum
    Maybe - it depends on the terms
    Answer Applies to: Massachusetts
    Replied: 3/6/2013
    Curry, Roby & Mulvey Co., LLC
    Curry, Roby & Mulvey Co., LLC | Bruce A. Curry
    By law, all settlements compensating minors must be approved by the Probate Court. Otherwise, the settlement is not valid. In the event your parents obtained a settlement and the matter has not been approved by the Probate Court, I am guessing the amount of money involved is relatively minor and your parents signed a document that will either allow the at fault part to sue them later if she doesn't use the money for your benefit, or they worked a settlement whereby the agreement is that they are being compensated as your parents with no moneys allocated directly to you. If it's the latter, you would still be able to sue the at-fault party within two years after you turn eighteen, although the other party would in all likelihood then assert a claim against your parents. If the probate court did not approve your settlement, then your parents would have access to the money. If, however, the settlement was property probated, then the only way your parents would have had access to your moneys is by asking and receiving permission from the Probate Court for various expenditures. It sounds like you need to start asking questions about exactly where the money is!
    Answer Applies to: Ohio
    Replied: 3/6/2013
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