a minor was hit by car she was pedestrian
Question Details: it's almost time to settle the case daughter was hit by car ended up with a fusion back surgery. my question is in state of michigan does it have to go thru probate and absolutely no money can come home with the child, does it have to be set up til she is 18?
Any settlement will have tto be approved either by the Circuit Court or the Probate Court. The money will have to be held in a conservatorship until the child turns 18. However youcan settle the case with Court apporval and have the settlement paid as a structured settlement with payments paid out over time after the child turns 18. If you do not have a lawyer, I would strongly recommend that you contact someone to assist you and make sure that your child is receiving a fair settlement.
Sherwin Schreier, Member of State Bar of Michigan
I am a lawyer in CT and practice in this area of the law. There should be someone appointed to hold the money in trust for your daughter. the probate court will have to approve of the settlement (i.e. that it is fair and just and in best interests of the child). I suggest having your atty set up some kind of trust and bank account that the money can go into so that it earns interest until your daughter is 18 and can access the money. the money should be used for college.
