I would suggest that you review the Order from the Court. Orders involving Minor Settlements usually explicitly state that no disbursements from this Account can be made without Order from the Court. Your only option would be to write the Court from the county that issued the Order and seek permission to withdraw the amount and specify in detail the reasons for your request. The Judge will probably require you to appear for a hearing. I would start by seeing if the Judge who issued your Order is still on the bench and contact his/her clerk for suggested protocol. Otherwise, you can always contact the Civil Clerk with your questions. If I'm being vague, I apologize because different counties and different judges, may require you to do different things such as file a formal Motion to Re-Open and Request distribution. I would start by making some phone calls in order to ensure that you are complying with the county and judge's required protocol.
I agree. In addition, this question should be easily answered by the attorney who helped you obtain the settlement. Attorneys should keep the records from the minor settlement hearing. You may want to contact that attorney who helped you to discuss whether he/she will be able to assist you in asking the Court for an "early" distribution.
Sending an email or posting a question does not constitute legal advice or create an attorney client privilege. The comments and opinions expressed in Jon Groth's comments are intended for informational purposes only and do not constitute legal advice. Reading or using the information in this blog does not create the existence of an attorney-client privilege. Due to the changing nature of the law, the blog posts may contain dated material. For an update on the current law and the application of the law to your particular facts and circumstances, consult a legal advisor. The information contained herein is not a substitute for obtaining legal advice from a qualified attorney licensed in your state.
I am sorry for the loss of your cousin. It is good you are willing to help. I assume that you are not able to divide the costs among your relatives.
I agree with the other two answers. In addition if you know who the guardian was for your case you can call him or her and they may be able to point you in the right direction.
If your settlement in in a trust you may be able to contact the trustee and have some funds disbursed if the trustee agrees.
If the money is tied up you may be able to use the settlement as security for a loan at a bank or credit union.
I would not recommend a company such as J.G. Wentworth or Oasis as they typically charge horrendously high interest rates.
Sign up to receive a 3-part series of useful information and advice about personal injury law.