Minors Settlement Needs Honest Answer Please!

Asked about 4 years ago - Stephens City, VA

Hello, my question is my son got a automobile accident settlement about 10 years ago he is a minor. I have since found the childs settlement agreement was dismissed in court. The lawyer settled it on his own. He told me back then to put in bank acct do not touch. The acct has my name being first then my sons. Its not in a blocked account. I have once moved the money into a another bank , only because i wasnt dealing with the old bank anymore. It is in two cd's. Other than moving it i have never taken any funds out of it. The court has no record of my sons money because of the dismissal. My attorney dose not have the paper work on it anymore, which to me you think he would until he was 18 yrs of age. Im asking this because my husband took on a job with no insurance and my son needs contact

Additional information

Is it fair to say that this his acct was not set up properly through the attorney or court? Since there is no paper trail of his money and i would not want to touch it for the welfare of myself, Am i able to take funds out for his needs. Since the court has no documents on his settlement? And if not how would anyone know? Thanks kindly.

Attorney answers (4)

  1. James Robert Parrish

    Pro

    Contributor Level 9

    Answered . While I don't fully understand your question, I believe you want to know if you can use the settlement funds to buy contact lenses for your son. The short answer is yes. Settlement funds can be used for the health, welfare and education of the child. Accordingly, as long as you keep track of the money you spend for your child's contact lenses, all should be just fine.

    The response given is not intended to create, nor does it create an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

  2. Benjamin Weaver Glass III

    Pro

    Contributor Level 14

    Answered . i m sorry but it is not clear with your question is

  3. Lars A. Lundeen

    Pro

    Contributor Level 20

    Answered . What is your specific question?

  4. Steven Mark Sweat

    Contributor Level 19

    Answered . Usually, these types of settlements are required to be placed in a blocked account with you as trustee for your son. The money is supposed to be held until your son turns 18 and then he is able to access the funds. Sometimes, you can make a motion with the court for an early withdrawal based upon financial or medical need but, this varies from state to state.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.

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