I have a personal injury settlement where the companion to my client is a minor. My client is Mom, but grandma has custody of the minor. Are we required to probate the minors settlement or can we just do a friendly suit or is that even necessary? do you always have to have some kind of proceeding for a minor’s settlement or can a parent just sign off on it? Texas

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The whole point of probating it is so the parents don’t misuse or squander the money so the parent for sure can’t just sign off on it. I’m in OH but it has to be the same.

That’s what I was worried about. Minor’s case is only worth $1000 so it will cost more in fees than I could give the mom or grandma

If only I was the boss that made decisions on cases to sign up. Hope Santa brings you a better attitude for Christmas

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I’m in CA, but you might have something similar in TX where if the total settlement for the minor is under a threshold amount, the ins comp that you are settling with will just pay it out to the guardian. Here, it’s 5k.

You can do an out of court agreement, but nothing will stop the minor from suing for more, including if injuries develop over time.

Getting it approved by the court benefits the defendant and insurance co, without it, they have continuing risk.

The process is relatively straight forward. One page petition, nominal answer, agrees motion to appoint gal, motion to approve minor settlement, appearance. The insurance company will likely draft everything (or should, appointed counsel is hourly) and is on the hook for the gal fees.

And good chance it’s going to an annuity or registry of the court, unless you can convince the court otherwise.

Not sure about Texas but in CA it would be a simple Minor’s Compromise. The insurance can do it for you. Your client decides on whether the money goes in a blocked account or a structured settlement. The court approved it etc.

In Ga, you don’t have to probate the amount of the settlement if it is under a certain number. I had a dog bite case where the settlement was $1000 and we were able to treat it regularly during settlement. Look up your state laws!

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