How can I stop my mother from stealing my settlement check if I'm a minor? 19 Answers as of February 13, 2013

I was in a wreck 2 years ago, and I’m receiving a settlement check for $12,900. My mother is trying to take all the money and tell me I can't do anything about it. The check is supposed to be mailed in about 2 weeks. What can I do? Or how can I put a hold on it?

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David P. Slater, esq.
David P. Slater, esq. | David P. Slater
Contact your lawyer in writing. Advise him you do not want the funds distributed. In the alternative retain your own attorney to contact him.
Answer Applies to: Florida
Replied: 2/13/2013
David F. Stoddard
David F. Stoddard | David F. Stoddard
If there was a lawyer representing you and your mother, call the lawyer and seek his or her help. If there was no lawyer, call the lawyer representing the insurance company, or the adjuster, and let them know your concerns. They may schedule a hearing for the court to approve an alternate payee.
Answer Applies to: South Carolina
Replied: 2/13/2013
Ricks & Associates | Kenneth R. Ricks
In California all settlements with a minor have to be court approved by way of a Petition for Compromise of a Minor's Claim. The court will order the money be deposited into a blocked account not accessible until you are 18 unless upon a showing of good cause to the court your guardian ad litem gets a court order to withdraw from the account. Practically speaking you should contact the insurance company issuing the settlement check and tell them you want the settlement to be court approved; follow-up with a letter.
Answer Applies to: California
Replied: 2/13/2013
Law Office of Christian Menard
Law Office of Christian Menard | Christian Menard
Contact the payor of the check and tell them to hold off sending the check until you can have the court approve the settlement. You may have to hire an attorney for this as a Petition for Guardian Ad Litem needs to be filed asking for an adult to act as your guardian for the legal proceeding. Once the Guardian is appointed, you need to file a Petition to Compromise a Minor's Claim. In the Petition, you ask that the money be placed into a blocked account for a set amount of time, usually until you become an adult at which time the money is to be released to you.
Answer Applies to: California
Replied: 2/13/2013
Paul Whitfield and Associates P.A.
Paul Whitfield and Associates P.A. | Paul L. Whitfield
If you are under age I dont think there is anything you can do. Your parents are responsible for you and for your medical bills.if you are underage the insurance co normally pays the money through the court and the clerk holds the money. Call the insurance co and tell them you want the court to approve the settlement. That is what they should do anyway.
Answer Applies to: North Carolina
Replied: 2/13/2013
    John Russo | John Russo
    Do you see your Dad he could do something, also contact the lawyer if there was one and tell him what your mom's doing and that you want the check placed in trust, if that does not work contact the bar association, explain to them what is going on and that you need legal help because your mom is taking the money to spend, in the end you are a minor and she has the right to act in your behalf, for better or worse.
    Answer Applies to: Rhode Island
    Replied: 2/13/2013
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    Settlements for minors for amounts over $10,000 have to be approved by a Court. The money can only be spent for your needs. A lawyer should have been assigned to you at the time the Court approved the settlement. Get in touch with him or her. If you don't know who that is, call a lawyer and ask for help.
    Answer Applies to: Alabama
    Replied: 2/13/2013
    Law Office of Malosack Berjis
    Law Office of Malosack Berjis | Malosack Berjis
    Your attorney should have filed a minors compromise.
    Answer Applies to: California
    Replied: 2/13/2013
    Johnson & Johnson Law Firm, PLLC | Richard Johnson
    Look at Superior Court Special Proceedings Rule 98.16 W. I doubt that a liability insurer will settle a case for as much as 12K solely on a parental release. So, I suspect that the liability insurer will require a petition to the Superior Court for approval of the settlement, appointment of a Guardian Ad Litem, and that the net settlement money be placed in a blocked account for you at a federally insured financial institution. I gather you don?t have a lawyer. Maybe you should talk to one.
    Answer Applies to: Washington
    Replied: 2/13/2013
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    If this is Connecticut, the probate court must be involved and will oversee your mothers handling of the funds. It must be for you and your benefit.
    Answer Applies to: Connecticut
    Replied: 2/13/2013
    Law Office of Kevin C. Flesch | Lori Beck
    Call the attorney and tell them what is happening. Hopefully, they can put it in a trust account.
    Answer Applies to: Colorado
    Replied: 2/13/2013
    Law Offices of Mark West
    Law Offices of Mark West | Mark West
    Is there a lawsuit involved? If so, the Court, in California, has to approve the settlement and the money goes into a blocked interest bearing account until you turn 18. Then the money is turned over to you. If there is no lawsuit involved, and you have an attorney, that attorney has to get that settlement approved as well, and has to go to Court to get it done. If you have no attorney I would strongly suggest you get one immediately to assist you in getting the money put in the proper account to await your 18th birthday.
    Answer Applies to: California
    Replied: 2/13/2013
    Dwyer, Black & Lyle, LLP
    Dwyer, Black & Lyle, LLP | Kevin Habberfield
    The check will come to you, not her. It is generated by court order and likely not released until you turn 18. It's your money not hers, if you are having issues, call the attorney that represented you for help.
    Answer Applies to: New York
    Replied: 2/13/2013
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    You can ask that the money be put in a guardianship account with a bank being the guardian.
    Answer Applies to: Florida
    Replied: 2/13/2013
    Reade & Associates
    Reade & Associates | R. Christopher Reade
    In Nevada, the minor should have a blocked account established for the settlement proceeds to ensure that the parent does not usurp the child's monies.
    Answer Applies to: Nevada
    Replied: 2/13/2013
    Matthew D Kaplan LLC
    Matthew D Kaplan LLC | Matthew D Kaplan
    In Oregon if you are a minor and receiving under 25K the funds must go into a court blocked account in your name only. Not even your parents can make withdraws from the account with authorization from the court. You need to call your attorney and voice your fears and let him/her know that should he give the money to your mom and she spend it, you will sue the attorney and the insurance company.
    Answer Applies to: Oregon
    Replied: 2/13/2013
    Wayne J. Wimer, Inc. P.S.
    Wayne J. Wimer, Inc. P.S. | Wayne J. Wimer
    Under the laws of most states, minor settlements have to be approved through the court system. Check with the Bar Association in your state and get a referral to an attorney who handles minors' claims and have that attorney make demand on your mother to comply with the law. The money isn't hers since it is for settlement of claims that you have.
    Answer Applies to: Washington
    Replied: 2/13/2013
    Durham Jones & Pinegar | Erven Nelson
    You need to hire a lawyer to look into things. You should have a guardian ad litem (for lawsuit) appointed to protect your interests. You or your new lawyer can contact the company or person who is going to send the check and either place a hold on it or have it addressed to a safe place where you can get it.
    Answer Applies to: Nevada
    Replied: 2/13/2013
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