Doesn't matter... the money goes to his legal guardian in any case.
2006-11-11 09:59:25
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answer #1
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answered by Anonymous
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An interesting question. In MOST states, the child need not show up in court.
In MOST states, a "Guardian ad Litem" is appointed to represent the interests of the child (minors cannot enter into contracts, including settlement agreements). From there, here's how it works in "most states":
1. First, the money goes to pay attorney fees, costs, and expenses incurred in the litigation/settlement (you know, those lawyers need to take care of themselves).
2. Medical liens and similar expenses are paid.
3. Of the remaining amount, it depends how much is less. If it is only a few thousand dollars, then yes, it can go directly to the parents/guardians "for benefit of the minor child." However, if it is a large settlement, a "Guardian ad Litem" continues to work, now to invest and protect the interests of the child,. Sometimes this is done by providing an annuity (structured settlement); sometimes a restrictive trust is established. The reason: the courts realize that sometimes (gasp) parents use the money for their own uses, instead of to protect the child and to benefit the child which, of course, was the reason for the settlement.
Notice that I keep saying "most states?" The laws differ from state to state. You should talk to an attorney licensed in your state who can give you specific information.
2006-11-11 18:34:06
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answer #2
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answered by robert_dod 6
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IN IRELAND MY SON HAD A CAR ACCIDENT AND GOT A PAYOUT IN COURT...IT IS PUT IN TRUST FOR HIM UNTIL HE REACHES 18...................
2006-11-11 17:52:48
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answer #3
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answered by michael b 5
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