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Personal Injury, Malpractice and Settlements A personal injury occurs when a person has suffered some form of injury, either physical or psychological, as the result of an accident or medical malpractice.

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Old 03-04-2006
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Default Structured settlements.....Minors?????

say a minor(under 18) has money set aside in a structured settlement, is it possible for this minor to withdraw money before he/she turns 18 years of age to use on say a payment for a car, with parent permission, how does this work and are both of the minors parents required to sign for this. and how does this process work?

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Old 08-19-2006
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A structured settlement will have a schedule of disbursements - that is, amounts to be paid and when those amounts will be paid. While the beneficiary is a minor, the amounts may be subject to court jurisdiction, or otherwise restricted from the minor's direct access.
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Old 08-20-2006
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Quote:
Originally Posted by KDM26
say a minor(under 18) has money set aside in a structured settlement, is it possible for this minor to withdraw money before he/she turns 18 years of age to use on say a payment for a car, with parent permission, how does this work and are both of the minors parents required to sign for this. and how does this process work?

thank you

and if this is posted in the wrong section feel free to move it to the proper place

Presuming that you're writing from California, concerning a California "structured settlement", withdrawal of funds prior to the minor's date of majority is guided by the California Rules of Court at Rule 7.954 (a) and (b), as follows:

An order for withdrawal of funds of a minor or an incompetent person of such funds must comply with Ca Rules of Court Rule (Probate Rules) 7.953 and 7.954; i.e.:

(a) [Verified petition required] A petition for the withdrawal of funds deposited for a minor or an incompetent person must be verified and must include the identity of the depository, a showing of the amounts previously withdrawn, a statement of the balance on deposit at the time of the filing of the petition, and a justification for the withdrawal.

(b) [Ex parte or noticed hearing] A petition for the withdrawal of funds may be considered ex parte or set for a hearing at the discretion of the court.

The superior court judge would probably not allow a withdrawal of funds based upon "a payment for a car." Such withdrawals are usually, and most likely, only allowed for the minor's "necessities of life," like clothing, medical expenses, housing, food, etc. Not a car payment.
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