Queens, NY asked in Estate Planning, Personal Injury and Probate for Connecticut

Q: What I have to do to get my settlement money?

I had a malpractice suit against the doctor when I was a minor. Judge reward money for me and because I was a minor my mom had it. My mom has been secretly using my settlement money since I was a minor and still using it. I am an adult, and I am not under guardianship, but mom tells me I can't get my money until she passes away. Is that true I must wait until she passes? How can I get my money turn over to me?

2 Lawyer Answers
Bill Beckert
Bill Beckert
Answered
  • Probate Lawyer
  • Plainville, CT
  • Licensed in Connecticut

A: Under CT law, a minor who receives a settlement must have the funds deposited in a restricted account administered by the Probate Court. Your mother cannot withdraw money unless she gets an order approving the withdrawal from the Court. In another words, she would have to apply for permission to withdraw money. If the bank was allowing her to access funds in your restricted account, that would be a violation of CT law.

Once you turn 18 the money is yours. The account should be closed and funds disbursed to you.

John A. Collins III agrees with this answer

John A. Collins III
John A. Collins III
Answered
  • New London, CT
  • Licensed in Connecticut

A: In addition to Attorney Beckert's comment you may want to check with the probate court which has jurisdiction over the town where you lived to see if such an estate was opened on your behalf and, if so, follow up with that court to determine the status. You can also check the Superior Court website to see if such an action was filed on your behalf in Superior Court. https://civilinquiry.jud.ct.gov/PartySearch.aspx

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