What are a minor’s rights to monies won in an insurance claim?

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What are a minor’s rights to monies won in an insurance claim?

My son’s girlfriend was thrown out of her home last Thursday. She turns 18 on 3/2/11. Last year her parents sued for an auto accident on her behalf and received a settlement in January of this year. Is she entitled to this money, and what steps should she take now?

Asked on February 24, 2011 under Personal Injury, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for her situation.  Yes, she should be entitled to the settlement when she turns 18.   State law varies regarding the payout of settlement to a minor. generally a court has to approve a settlement and sign what is known as a infant's compromise order which directs where the money is to be placed "in trust" for the child.  She has every right to contact the attorney that represented her in the matter and she can go down to the court to review the file to see what happened to the settlement proceeds (i.e., where they were placed).  Once she turns 18 they should be hers unless the law in Florida differs.  Let her take the first steps in locating it and then go from there.  Good luck. 


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