Legal Question in Civil Litigation in California

Re: settlements trust fund control

If there was a settlement or court order including you as stated, then it is enforceable by you. If he resists, it may only take a threat from an attorney to pry it lose from him. Ultimately, you could sue if necessary. Feel free to contact me if you need such help.

Re: settlements trust fund control

The big question is whether you were included as a party to the action. If you were, the court would have appointed a guardian ad litem for you. When a case is settled, a motion is filed, called a motion to approve a minor's compromise. The court usually orders the settlement proceeds to be placed into a blocked account, which you can access later.

Off the top of my head, it seems that you would not have standing to be a party for wrongful death of your brother, because your father was alive at the time of your brother's death.

I would have to look at the actual case documents to make the determination of whether or not you had a claim to the settlement proceeds.

Very truly yours,

Re: settlements trust fund control

If you are on relatively good speaking terms with your father, ask to see the documents. If you do not believe he will show it to you, you can go down to the Courthouse where the lawsuit was filed [either where the accident occurred or your family lived at the time of your brother's death]and ask them to get the file from storage. Mr. Roach might be correct that you may not have been entitled to anything and your father might have set up a trust for your benefit. First check with the bank holding the CD's to what name they are held in. If none of that works, then politely discuss the matter with your father; if you no longer live with him, argue that since you are independent you should now have the money. Good luck.