My son, 15 yrs old will be getting a settlement from a car accident back in 2011.can i take any monies from his settlement?

Asked over 1 year ago - Salisbury Mills, NY

I am a widowed, disabled single parent. Was told monies go into an account that can not be touched until he turns 18. Lord knows i can use some of it to catch up on bills

Attorney answers (13)

  1. Anthony A. Ferrante

    Pro

    Contributor Level 15

    16

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    Answered . Generally, No.

    The Court will oversee the settlement and will direct that the money go into an account on behalf of your injured son. One of the reasons for this oversight is so that parents don't spend their child's injury recovery.

    Only in the most special of circumstances where the money is needed for a child's education, etc will a Court allow some to be used at settlement. They will certainly not allow you to take money to pay bills.

    Good luck.

    The aforementioned opinion does not constitute legal advice and is for general educational purposes only. See an... more
  2. Jeffrey Bruce Gold

    Pro

    Contributor Level 19

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    Answered . Not without a Court Order. You'd have to make an application to he court, and make a strong showing that you need the money for your son's benefit. For example, if you and your son are living in the back of the car, A court might find an appropriate use of a settlement would be to get a roof over his head, and the use of the money would be severely restricted and monitored. Unless the bills were incurred caring for your son i.e hospital bills, you aren't going to see any of it.

    If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore,... more
  3. Jeffrey Mark Adams

    Contributor Level 20

    15

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    Answered . Your sons lawyer and the judge will/have advised the money is for his benefit. Sorry.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  4. Manuel Alzamora Juarez

    Contributor Level 20

    15

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    Answered . Unfortunately, I have to agree with all my colleagues. You cannot touch the money. It will go to a trust account for your minor son. Best of luck..

    This answer is provided by Manuel A. Juarez, Esq., El Abogado de Accidentes de Autos de California: 510-206-4492.... more
  5. Jayson Lutzky

    Pro

    Contributor Level 20

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    Answered . You are responsible for your son's bills until he is 21 years of age. The money from the settlement can only be withdrawn with the court's permission for a justifiable reason. Speak with the lawyer who handled the accident case.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate... more
  6. Chris Matthew Limberopoulos

    Contributor Level 16

    14

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    Answered . No.

  7. Christian K. Lassen II

    Pro

    Contributor Level 20

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    Answered . No. It is his money, not yours for the taking.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  8. James D. Kiley

    Contributor Level 13

    10

    Lawyers agree

    Answered . The check will be made payable to you as natural guardian of your child and an officer of the bank in which you deposit the money. You will need a copy of the Compromise Order from the Court to open the account. You will not be able to make a withdrawal from that account without a further order from the Court. The court will absolutely NOT allow you to withdraw money to pay your expenses. Its your child's money.. not yours.

    This communication does not create an attorney/client relationship. My firm is a second generation family firm... more
  9. Timothy Leo Bowden

    Contributor Level 14

    11

    Lawyers agree

    Answered . Although the monies are for the minor child in most jurisdictions the court will let the custodial parent have some monies for the benefit of the minor child. Ask your attorney about this and see if some of the monies can be released.

    Tim

  10. Lars A. Lundeen

    Pro

    Contributor Level 20

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    Answered . I suggest that you speak with your attorney concerning what, if any, derivative claim you may be entitled to as his mother. Many states allow for a parent's derivative claim for nursing care, lost earnings to care for the child, loss of the child's services and other miscellaneous expenses etc.

    Your attorney can tell you what, if any, money from your son's settlement portion could be used to pay for his necessities. Generally monies will be placed into a guardianship controlled by the probate court or similar court until your son reaches 18. Speak with your attorney.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.
  11. Michael J Palumbo

    Pro

    Contributor Level 19

    9

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    Answered . No you cannot.

  12. Brian C. Pascale

    Pro

    Contributor Level 18

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    Answered . Absolutely NOT. I know times are tight, but it is not your money to take. Also, it is highly unlikely that when your son does turn 18 that you will have the money to repay him. That money is to compensate your son for his injuries. It is for exactly this reason that a law like this was created. Your son's lawyer is correct, the settlement must be placed in a safe, interest bearing account until your son turns 18 years-old.

    Mr. Pascale is licensed to practice law in the State of New York. The response herein is not legal advice and does... more
  13. Joseph Allen Bollhofer

    Contributor Level 12

    5

    Lawyers agree

    Answered . No, it is not your money. If some is needed to help support your child,
    perhaps a judge might allow it, but I doubt it.



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