My husband and I recently settled a personal injury claim on behalf of our minor daughter.

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My husband and I recently settled a personal injury claim on behalf of our minor daughter.

The settlement was approved by the court with the order that the funds be invested on her behalf and we receive court approval for any use of the funds. A tutorship was filed with myself and my husband as tutor and undertutor, respectively. As a result of the tutorship filing, a minor’s mortgage was placed on our home for the amount of her settlement. Was a tutorship required to be filed since we are her natural parents and are still alive and married? Is there any way to have this minor’s mortgage lien removed from our home and/or have the tutorship filing reversed since we are her legal tutors anyway? Thanks for your advice

Asked on September 30, 2012 under Personal Injury, Louisiana

Answers:

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

Answered 8 years ago | Contributor

The law in Louisiana differs dramatically from the law in ither states on most issues. But it is my understanding from a review of the Code that when a child receives any money - inheritance or otherwise - the appointment of the tutor and under tutor is mandatory under the law.  The minor's mortgage then folllows suit to protect the minor from the depletion of their asset.  Please speak with an attorney in your area to see if there is an alternative.  Good luck. 


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