Legal Question in Personal Injury in Ohio
Can my son receive part of his ins.settlement before he's 18?
My 11yr.old son was in an auto accident in 98. He was insured for 50K He was lifeflighted to the hospital. He had a broken arm and 2 sets of stitches in his head. Allstate has offered 14,000. The agent told me over 1yr. ago that my son could have some money to buy him a computer (which I requested.) I passed all their criteria for being a ''fit'' parent. MY family moved from July to Nov. 2000. Allstates attorney stopped everything saying ''I don't know the laws in that state or any attorneys there.'' We moved back home again and the Allstate agent has assured me that 14K is a fair offer and that THEY would invest my sons settlement since I wanted to. The agent advised me that I do not need an attorney since we could not get any money ''up front'' for it will be in ''probate.'' I told my son over 1 year ago that he would be able to get a computer because at that time the Allstate adjuster told me it was no problem. I would NOT have told him that if I had not been mislead by Allstate. Must it all go into probate?
2 Answers from Attorneys
Re: Can my son receive part of his ins.settlement before he's 18?
First, have you actually accepted the settlement from Allstate? Second, any settlement on behalf of a minor has to be approved by the Probate Court. Did you attend a hearing at the Probate Court? Third, the Probate Court determines how the money is to be used. If you wanted to purchase a computer, that would have to be approved by the probate court. The amount being offered by Allstate may not be adequate compensation, and the Allstate agent may not have your son's best interest in mind. If you would like, please contact me for an appointment to disucss this. Initial consultations are done without charge. Phone number is 614-464-4644. If you do not wish to contact me, please contact another attorney. Insurance companies do not always act in your best interest.
Re: Can my son receive part of his ins.settlement before he's 18?
Before, I get to the response about the probate issue, the first issue is whether or not you have accepted the offer of $14,000.00. Based on the injuries you have stated, the payment sounds like it may be insufficient. I would have an attorney review the case just to make sure. My number is 330-762-1199 should you want me to review the case.
The other issue you have concerns probate. Any minor settlemnt over $10,000.00 is required to be approved by a probate Judge. This is just to make sure that the money is used for the minor. The process should not take very long and is not very expensive at all.
Good luck and please feel free to call me if you have any questions.
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