Legal Question in Personal Injury in Wisconsin

Minor Settlement

I would like to know the rules behind a minor receiving a personal injury

settlement that will be placed in a trust under that child's name. When does

the minor have the right to withdraw money and under what circumstance?


Asked on 7/01/05, 4:21 pm

2 Answers from Attorneys

Frank Pasternak Pasternak & Zirgibel S.C.

Re: Minor Settlement

You state that the minor's personal injury settlement will be placed in a trust under that child's name and therefore, the terms of withdrawl by the minor will be governed by the trust itself. The statute governing minor settlements is Wis. Stats. �807.10. Wis. Stats. �880.175 is typically the statute used to place assets of a minor's settlement in Wisconsin into a trust.

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Answered on 7/06/05, 7:30 am
Jonathan Safran Samster, Konkel & Safran, S.C.

Re: Minor Settlement

The answer to your question really depends on the type of account which was set up for the minor to recieve the settlement proceeds. There are numerous ways that it could be done, from as simple as depositing the money into a CD or some type of investment vehicle to having the money put into a structured settlment annuity or some type of trust. Without knowing more information, it is difficult to give you an accurate answer.

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Answered on 7/05/05, 2:29 pm


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