Legal Question in Personal Injury in Texas
My Son (a minor )an i was in a car accident and and i was trying to get his pip in which the dr wrote a letter staying that he release the pip to myself for my son , like the lawyer requested , now the lawyer is stating that the judge might request the pip to be put in a trust fund cause he is 14 is that true for the pip as well, or just the settlemet? the case is going to trial can he hold the pip even if the dr say release it to me
1 Answer from Attorneys
Any time a minor is involved, the court will appoint a guardian ad litem to oversee what happens to the settlement funds. It does not matter what the source of the funds are, they are to be used to benefit the minor, not the parent. What the doctor says is wholly irrelevant.The court will expect an accounting of all funds from all sources. So, yes, your lawyer needs to hold it in trust until the case is resolved and then gain the approval of the guardian and the court before distributing it. And, yes, the court can order it to be put in trust if the court sees this fit.
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