Sayer Regan Thayer and Flanagan, LLP - 401.849.3040
Toll free: 800.637.8170

Little Kids, Big Accidents. Chapter 6: The Probate Process and Your Child.

Little Kids, Big Accidents:

The Ultimate Guide to Child Accidents in Ohio

CHAPTER 6

The Probate Process and Your Child



SETTLEMENTS MUST BE APPROVED BY PROBATE COURT

Any lawsuit brought on behalf of an injured child is done in the name of the parent or legal guardian. The parent or guardian is presumed to act in the best interest of the child. Therefore, any settlements, either before or after the lawsuit is filed, must be agreed to by the parents.

Parents, though, don't have complete control over the settlement. Some parents have the mistaken belief that they are entitled to collect their child's settlement proceeds and do what they want to with the money. The settlement is for the benefit of the child and should be protected until the child turns 18. Sometimes parents can get a portion of the settlement for loss of consortium, but it's usually a relatively small amount of money. The county's Probate Court acts to protect the settlement so the funds are available when the child reaches adulthood.

For all settlements over $10,000, the county's Probate Court will conduct a hearing to ensure that the settlement is in the best interest of the child. Getting the Probate Court to approve a settlement for a child adds additional time to the process. Unfortunately, this can't be avoided, but an experienced attorney generally can move the settlement through the system in an efficient manner.

An application to settle a minor's claim must first be filed in the Probate Court. The application provides a breakdown of the settlement as well as the expenses coming out of the settlement. It lists the unreimbursed expenses, medical and otherwise, the attorney fees, and any money going to the child's parents for loss of consortium.

The application also tells the court where the child's money will be kept until the child is 18. Sometimes the money will be kept in an interest bearing CD or bank account. In other situations, depending on the child's age and the amount of the settlement, the money will be placed in a structured settlement that will disperse payouts to the child over a period of years. We've written more on the tremendous benefits offered by structured settlements in the next chapter.

After receiving the application, the Probate Court sets a hearing that the parents and child must attend. In some cases, one parent will file a document with the court waiving his or her appearance and consenting to the settlement. This can be helpful if one parent may have a hard time getting time off from work.

At the hearing, the judge or magistrate will review the settlement proposal in order to make sure it is in the best interest of the child. The judge or magistrate asks the parents if they approve the settlement and asks the attorney for specific information about the deal.

Perhaps the most important thing parents can do to protect their child's interest is to find an attorney experienced at handling injury cases, particularly those involving children. These cases can be complicated for the reasons we've discussed above, but the Probate Court application process and hearing require a certain amount of legal sophistication.



If you or someone you know has a child who has been injured in an Ohio child accident, you need information. Contact our Ohio child accident injury lawyers immediately for your free copy of Little Kids, Big Accidents by calling 800.637.8170.



We represent Ohio personal injury clients from Toledo, Maumee, Delta, Port Clinton, Bowling Green, McClure, Napoleon, Helena, Fremont, Fostoria, Tiffin, Cygnet, North Baltimore, Ottawa, Findlay, Carey, Bryan, Sandusky, Swanton, Perrysburg, Grand Rapids, Waterville, Liberty Center, Portage, West Millgrove, Woodville, Genoa, Gibsonburg, Findlay, Risingsun, Deshler, Hamler, Oregon, Sylvania, Delta, Weston, Oak Harbor, Port Clinton, Clyde, Lorain, Ottawa Hills, Rossford, Millbury, Walbridge, Holland, Northwood, and Whitehouse. We also serve those who live in Lucas, Wood, Seneca, Lorain, Fulton, Erie, Hancock, and Sandusky Counties. Bookmark and Share

©2012 Charles Boyk Law Offices, LLC, All Rights Reserved, Reproduced with Permission Privacy Policy
Attorney web design by Foster Web Marketing, the best attorney website design solution on the Web offering search engine optimization for attorneys, lawyer website design, video for attorneys, and more.
Get SEO Tips from The Attorney Internet Marketing Blog