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Ryan L. Hilts, Attorney at Law | Ryan L. Hilts
Now that he is 18 (assuming this is in Oregon) the check can be written to him.
Answer Applies to: Oregon
Replied: 11/19/2011
Dwyer, Black & Lyle, LLP | Kevin Habberfield
Once he turns 18 he is considered an adult, age of majority, under the law and can received settlement funds directly. Try to counsel him on using the funds and also he should consider that it could affect his ability to receive financial aid, if he is college bound. A structured settlement is a great way to go. Talk to his attorney about it.
Answer Applies to: New York
Replied: 11/14/2011
Law Offices of Kenneth Wincorn P.C. | Kenneth Wincorn
Depending on the amount, the court may require an escrow account that he can access when he becomes an adult. If small (less than $2500) the judge may allow it to be paid to the parent.
Answer Applies to: Texas
Replied: 11/14/2011
Kelaher Law Offices, P.A. | James P Kelaher
Your son legally has the right to the funds but discuss it with the lawyer and ask your lawyer about an annuity so your son won't get his hands on a lot of money as he turns 18.....the money will be gone in a New York second.
Answer Applies to: Florida
Replied: 11/11/2011
David F. Stoddard | David F. Stoddard
It should be written to him now that he is an adult. F
Answer Applies to: South Carolina
Replied: 11/11/2011
Wilson & Hajek, LLC | Eddie W. Wilson
Check goes to your son who has attained the age of majority.
Answer Applies to: Virginia
Replied: 11/11/2011
Paul Whitfield and Associates P.A. | Paul L. Whitfield
He is of full age and can now do what he pleases to do. You have no legal control of the matter. He does.
Answer Applies to: North Carolina
Replied: 11/11/2011
Bernard Huff, Attorney/Mediator | Bernard Huff
If your son is now of the legal age in your State where the accident happened, the insurance Company can reach a settlement of his claim with him. Did you initiate the claim as his representative and pay any out-of-pocket expenses? If so, you should be reimbursed.
Answer Applies to: Indiana
Replied: 11/11/2011
The Law Offices of Paul A. Samakow, P.C. | Paul A. Samakow
If the settlement funds are delivered before when your son is under age 18, they are typically delivered to a parent, and that is after a court approves the settlement. The funds are then placed into a special account which draws interest and delivered to your son when he turns 18. The parents are required to account for the funds with a court appointed commissioner. For smaller amounts (usually $5,000.00 or less), most courts will allow the parents to hold the money. If the settlement funds are delivered when your son is age 18 or older, the funds go directly to him (check is written to him). When the accident happened is not relevant.
Answer Applies to: Virginia
Replied: 11/11/2011
Andrew T. Velonis, P.C. | Andrew Velonis
He is 18 now, he gets the money.
Answer Applies to: New York
Replied: 11/11/2011
Lombardi Law Firm | Steve Lombardi
Yes, your son may collect a settlement from a car accident after he is 18. It's difficult to explain to an 18 year old that although they have now reached majority, they still need our help, guidance and assistance. But yes the check will be written to both of you, because parents have a claim for medical expenses since during minority they are responsible for a "child's" medical care. So yes about your son, but the check should be written to both of you, or at least split between your son and you.
Answer Applies to: Iowa
Replied: 11/11/2011
Counard & Heilmann Law Office | Michael Heilmann
Check goes to your son who is an adult.
Answer Applies to: Michigan
Replied: 11/11/2011
R. D. Kelly Law Firm, P.L.L.C. | Robert Kelly
He can collect the money since he is over 18.
Answer Applies to: Washington
Replied: 11/11/2011
Law Office of Jared Altman | Jared Altman
The check must be written to him because he is now eighteen.
Answer Applies to: New York
Replied: 11/11/2011
Klisz Law Office, PLLC | Timothy J. Klisz
He can get the money. He is now over 18, the age of majority.
Answer Applies to: Michigan
Replied: 11/11/2011
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
If son was still under 18, check would never have been writtten to you. There would have been a court order placing it in a trust account and prohibiyting any withdrawal by anyone without court approval. The money, regardless of his age, is your son's. Now that he is 18, check must be made out to him.
Answer Applies to: California
Replied: 11/11/2011
Law Offices of Minh C. Wai, P.C. | Minh C. Wai
Your son should be able to collect the settlement now that he has reached 18.
Answer Applies to: Indiana
Replied: 11/11/2011
Eftekhari Law Offices | Ehsan Eftekhari
The check will be written to the personal representative named in the complaint. However, I am sure his name will be on the check too. In any case the money is his.
Answer Applies to: Illinois
Replied: 11/11/2011
Adler Law Group, LLC | Lawrence Adler
If your son is now 18 or over, the check will go to him and probate approval is not required.
Answer Applies to: Connecticut
Replied: 11/11/2011
Paris Blank LLP | Irving M Blank
It should to your son.
Answer Applies to: Virginia
Replied: 11/11/2011
Slaughter & Slaughter | Reza Torkzadeh
I suggest you speak with an attorney regarding this particular situation. Generally speaking, once a minor becomes an adult, a recovery in a personal injury case can be written directly to him without having a minor's compromise, which is required in any settlement above a specific amount.
Answer Applies to: California
Replied: 11/11/2011
Kirshner & Groff | Richard M. Kirshner
It should be written to him.
Answer Applies to: Florida
Replied: 11/11/2011
Dunnings Law Firm | Steven Dunnings
He is an adult now.
Answer Applies to: Michigan
Replied: 11/11/2011
Ewusiak & Roberts, P.A. | Christopher J. Roberts
Now that he is 18, it can probably be issued directly to him.
Answer Applies to: Florida
Replied: 2/17/2012
Gilbert & Bourke, LLP | Brian J. Bourke
Generally, all settlements for minors need Court approval. However, if your son has reached 18 at the time of the settlement, he can now sign the release and the monies can be paid directly to him and not held in a blocked account as is the case for a minor. If he had an attorney while a minor, you will want to discuss with the attorney that his fee probably will stay at 25%, which is the usual percentage on a minor's claim at time of retention.
Answer Applies to: California
Replied: 11/11/2011
Buff & Chronister | G. Scott Buff
You had 2 years from the date of the incident to bring an action to recover on behalf of your son. Once your son reached the age of 18, he then had 2 years to bring an action. He cannot recover for special damages incurred while he was still a minor, as that was your claim as the parent. You are now time barred from bringing your claim. Now that your son is 18, he has the claim and the insurance company will make the check payable to him.
Answer Applies to: Georgia
Replied: 11/11/2011
A. Daniel Woska & Associates, P.C. | Dan Woska
The check can be written to him. Regardless of when the accident happened, it is when is the settlement being entered into that determines whether he is treated as a minor or an adult. However, as a parent you still need to see if you can help him figure out what to do with any monies he receives and perhaps talk with an accountant and see if he has any suggestions.
Answer Applies to: Oklahoma
Replied: 11/11/2011
The Law Offices of Jason Chan | Jason Chan
Most likely your son.
Answer Applies to: Massachusetts
Replied: 11/11/2011
Broad Law Firm, LLC | Donald K. Broad
In Indiana, the check can be written to the now 18-year-old adult.
Answer Applies to: Indiana
Replied: 2/17/2012
Craig Kelley & Faultless | David W. Craig
He gets the check since he is 18 now. Had the case been settled before he was 18 then the court would have had to approve the settlement and would have required the money be put in a restricted bank account. The when the child turns 18 the money is released to the child.
Answer Applies to: Indiana
Replied: 11/11/2011
Rothstein Law PLLC | Eric Rothstein
The check would never be written to you. As he is 18, he gets the check. If he was under 18, the check would be deposited in savings bank under an Infant's Compromise Order issued by the court.
Answer Applies to: New York
Replied: 11/11/2011
Attorney Paul Lancia | Paul Lancia
You need to protect your legal rights and representing yourself is not the way to do so. Representing yourself is a recipe for problems, if not now, in the future. Retaining a lawyer need not be as difficult as you think.
Answer Applies to: Massachusetts
Replied: 11/11/2011
The Margolis Firm | Charles J. Candiano
Your son, as he has reached majority. If you filed a separate count under the Family Medical Expense Act you would be entitled to those funds, subject to any subrogation interest from your group health carrier.
Answer Applies to: Illinois
Replied: 11/11/2011
Tenge Law Firm, LLC | J. Todd Tenge
It should be written to your son.
Answer Applies to: Colorado
Replied: 11/11/2011
Joel H. Schwartz, P.C. | Steven A. Schwartz
Now that your son is of majority age, he can now make decisions on his own. In my office, we typically would execute new papers signed by your son in order for him to effectuate control. The settlement money is for him, so it should go to him. Even if the check were written to you as father and guardian, it would be your obligation to maintain it for him as it is his money. Easiest thing to do is have your son handle things from this point forward.
Answer Applies to: Massachusetts
Replied: 11/11/2011
The Lucky Law Firm, PLC | Robert Morrison Lucky
Now that your son is of age, the check should be issued to your son.
Answer Applies to: Louisiana
Replied: 11/11/2011
Law Office of Garrett S. Handy | Garrett S. Handy
Now that he is 18 years old, your son is no longer a minor. In my opinion, the check should be written out to your son.
Answer Applies to: Utah
Replied: 11/11/2011
Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
He is an adult now, so the settlement is his and he should sign. You will warn him to save it and he will probably ignore your good advice.
Answer Applies to: Montana
Replied: 11/11/2011
Magnuson Lowell P.S. | Richard S. Lowell
Since he is now 18, his settlement check can (and should) be written to him.
Answer Applies to: Washington
Replied: 11/10/2011
