Legal Question in Wills and Trusts in Georgia

Minor settlement money

Are parents entitled to any of minor's seetlement money? I do not want to buy cars or anything, but maybe my children bedroom sets, computers,and tutoring for the kids.The things I want to buy I could not afford, but the settlement will help and enhance the lives of my children. Is it true that a probate judge would deny my request to take my minor son and his siblings to Disney World?


Asked on 4/21/07, 7:35 pm

1 Answer from Attorneys

Robert Thompson J. Robert Thompson Attorney

Re: Minor settlement money

It depends on the terms of the settlement. Sometimes parents are awarded part of the settlement for "loss of services" of a minor child. If the settlement is only for the minor (as in pain and suffering, medical bills, punitive damages, etc.), the money is entirely the minor's. One or both parents would be appointed as conservators of the fund, which would be used for the benefit of the minor, under the supervision of the probate court. Ordinary expenses of support and education can generally be paid out of this fund without approval of the court, but must be accounted for annually to the court. You should consult a lawyer as to what can be expended or reinbursed without advance approval.

Such things as vacations would be beyond this ordinary expense catgory, and must be approved by the probate judge. Again, consult a lawyer on how to do this. Whether the judge will approve depends on whether he can be convinced that the expenditure is in the minor's best interest.

A probate judge would probably allow HIS trip to Disney World, but would probably not allow your and the siblings' expenses as well, particularly if the settlement was relatively small. It never hurts to ask, but don't count on it.

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Answered on 4/21/07, 10:37 pm


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