Legal Question in Wills and Trusts in Maryland

my 2 year old son was involved in a car accident he is supposed to be getting bodily injury protection and they are trying to put it in a trust fund for him is there any way around that. does the money have to go in a trust fund or can they just give him the money directly. is there anyway I can be a proxy for him and make decisions concerning the money since he is a minor. I was recommended to make the claim against my own policy because accident was my fault


Asked on 7/23/13, 10:54 am

1 Answer from Attorneys
Thomas Valkenet Young & Valkenet

You may be confusing terms, but a minor receives money in a personal injury case by placing it in an account and naming a trustee to protect the money until the child is of age. The trustee may or may not be a parent, and there may be periodic reporting requirements to account for the money. It is a common and sad fact that parents often mis-use money given to a child for their own purposes, and when the child turns 18, the money is gone. And the question of whether to claim against your own policy is something your attorney must advise. You do not share nearly enough facts about the event and your personal circumstances.

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Answered on 7/24/13, 4:40 am


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