How can I find out the amount of money my children received from a law settelment? 4 Answers as of August 18, 2011

My children's grandfather received a settlement in a wrongful death suit. Their grandmother put the money in a trust, and she seems to be the only one with any knowledge of the amount and the details. I am the legal guardian of my children, can we get statements or any details about the settlement?

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Martinson & Beason, PC
Martinson & Beason, PC | Douglas C Martinson II
You can look at the court record and see if it is stated in the court file. If they were minors at the time of the settlement, it would have to have been approved by the court with an attorney appointed to represent their interest to make sure the amount of the recovery was sufficient and the attorney fees were reasonable.
Answer Applies to: Alabama
Replied: 8/18/2011
Asset Protection and Elder Law Center
Asset Protection and Elder Law Center | Shadi Alai-Shaffer
It depends. If your kids are named beneficiaries then you should have the right to this information however, if they are not then you do not have a right to this information. Either way, I suggest you seek legal advice and schedule a consult with an attorney in order for you to share more information in detail so that they can guide you properly on your children's rights and your rights as their guardian.
Answer Applies to: California
Replied: 8/17/2011
Minor, Bandonis and Haggerty, P.C.
Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
You can get information about the settlement by reviewing the court file of the wrongful death case. IF you children are beneficiaries of the trust their grandmother created, then they are entitled to copies of the trust and an annual report of the trust. However, from the facts you give it's not clear that your children necessarily are beneficiaries of the trust.
Answer Applies to: Oregon
Replied: 8/17/2011
The Schreiber Law Firm
The Schreiber Law Firm | Jeffrey D. Schreiber
If this was in California and the children were actual beneficiaries of the lawsuit, there would have been a guardianship proceeding and the amounts payable to them would have been placed in a bank account for them. Since that did not appear to have happened, it tell me that the money went to the grandfather, not to them and the grandmother set up a trust and that is how you believe the money goes to the children. If it is a revocable trust, until the event in the trust occurs (usually reaching a certain age or the death of a certain person) then the trust can be revoked or changed and the children may or may not be entitled to the trust proceeds if that occurs. Since the children were not the direct beneficiaries of the lawsuit proceeds, the amount is private, as are the terms of the trust until the trust estate is actually payable.
Answer Applies to: California
Replied: 8/17/2011
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