The short answer is: IT DEPENDS! If the underlying Order Approving the Minors Compromise ("original settlement order") states that the guardianship terminates automatically at age 18, then you will need no further order of the Court. But, if the original settlement order is silent, then you may have to go back to court to get a formal termination of the guardianship...Also, depending on if the money was set up as a "structured settlement annuity", or if it was simply put in a "blocked trust account" could have some bearing on the outcome, too! As an annuity may require you to address the annuity company as well before the payments are made to you directly!
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Did you have an attorney? If so, contact him/her. If not, you need to look at the settlement Order. It will tell you where the money is. If a bank, bringing a copy of the Order, proof of identity and age should suffice. Good luck.
Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com
Try to find the Order and if there is one available, determine where the money is located and take along with you proof of your age. If you cannot find the Order and if you know the attorney's name and phone number who handled your case, contact the attorney and ask him/her how to get a copy. If the attorney is no longer available there in Tennessee, you may need to contact the Court and see if there is still a copy of the Order in the law files there in that Court. Good luck.
The above is general legal and business analysis. It is not intended nor construed to be "legal advice" but rather it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I have been licensed to practice law in California since 1978. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
The short answer is: what does the settlement approval Order say? If the funds are invested somewhere, there should be some documents explaining the setup. Also, consider checking with whoever may be the "guardian" of the money. Is there a family member involved? it is always possible the Shelby County Court system is holding the money, in which case, a written request for a check is the process used. If necessary, consider contacting the attorney who worked on your behalf to set up the settlement and consult that person for information.
Whenever possible, I al\ways try to put in the orders for minor settlement that the clerk shall disbuse the funds without the necessity of further petition when the minor reaches the age of the marority. If your order allows that you will need to provide proof of your age and identity to the court clerk who should disburse the funds directly to you. There is a chance, however, that you may need formally need to move the court to disburse the funds. As the others have said, you will need to look what the order says. Also, call the court clerk in Shelby County and ask what you need to do and give them the docket number. They will be able to give you a copy of the order if you no longer have it. Start there.
Law is state-specific and laws may vary from state to state. You should consult an attorney in your state for specific legal advice. This answer does not establish an attorney-client relationship.
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