The Role of the Probate Court When Minors Settle Lawsuits
It sometimes happens, sadly, that minors are injured in accidents. When they are, they may be entitled to compensation just as an adult would be. But minors don’t get to settle injury cases, the way adults do, because they’re minors. When a minor is injured, sues, and obtains a settlement, the probate court will have to get involved.
What the Probate Court Does
When a minor is injured and settles a case, there must be court oversight to look after the child, to protect the child’s interests, and to ensure that settlement money is being used in the best interests of the child.
Often, the probate court must approve the final settlement. Additionally, even if the court approves, a guardian will be needed to manage the minor’s funds, until the minor is an adult. That means that neither the minor nor the minor’s parents can reach that money, without the guardian’s approval. Expenditures from the money will need probate court approval, and will have to be requested by the guardian.
A probate court can also appoint a guardian ad litem for the child. The guardian speaks for the child, and is the child’s voice, since children generally cannot testify in court on their own.
One of the things that the guardian ad litem will do, is look at the proposed settlement, to ensure that it is a fair settlement. That doesn’t mean that the injury settlement has to be perfect, or that it has to completely meet the child’s losses—many injury settlements never do this. The guardian is just there to make decisions for the child, and to ensure that the child’s interests are being looked out for.
When the Probate Court Needs to be Involved
So when does the probate court have to get involved with approving a settlement on behalf of a minor? The answer depends on how much the settlement is for, and when it happens.
For settlements that are under $15,000, and which happens before any lawsuit is filed, no court intervention is necessary—if the settlement was reached without a lawsuit. If there was, then the probate court does have to approve the settlement, but no guardians will be needed for the child.
If the amount for the child is between $15,000-$49,999 both probate court approval, and the appointment of a guardian, will be needed.
If the child receives $50,000 or more, then the probate court must approve, a guardian must be appointed, and a guardian ad litem must be appointed.
it often happens that the child, and his or her parents, are all Plaintiffs together in an injury lawsuit, if they were all injured together in the same accident. The figures above represent the amount that goes to the minor–it is irrelevant what the total settlement amount may be.
The probate court handles guardianships and issues related to minors–let us help you navigate probate court. Call the West Palm Beach probate lawyers at The Law Offices of Larry E. Bray today for help if you have a probate court challenge or problem.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0744/Sections/0744.387.html
