Q: My son was awarded a settlement and placed in a trust. They said I could apply for a hardship for funds to be released
After reading paperwork from probate court it’s saying it has to be placed in an account with solely my sons name and be held. I was wondering why because the lawyer said I could get it early if I went to probate court and pay and apply. I did that and the check has been sent out.
A: This is because it is your son's money, solely. The hardship must be his hardship, not yours and he must need the money, not you.
Tim Akpinar agrees with this answer
A:
As a general matter, courts throughout the nation use an instrument (Infant Comp Order) to ensure that funds from a settlement are safely held for the minor plaintiff child she or he reaches adulthood.
Tim Akpinar
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