Atascosa, TX asked in Car Accidents and Personal Injury for Texas

Q: I have a question, about money I get every month from a settlement from my dad passing away in a two 18-wheeler accident

I was 11-12 years old and my mom was the one who made the decisions on when I get my money and how much I’m able to get at a certain period of time. And now that I’m an adult I think that’s it’s now my choice to change how I receive that money.

3 Lawyer Answers

A: If the settlement agreement gives you the choice on how to get the money now that you are an adult, follow the terms of the settlement agreement as it pertains to notifying whomever is holding the money for your benefit. Since this is not a typical situation, it will depend on what the exact language in the settlement agreement says. Typically, such a settlement would be paid out from a structured settlement annuity at a fixed amount per month according to its terms and would not be dependent on either your mom or you for a decision about how much and when to disburse the funds.

Tim Akpinar agrees with this answer

A: I'm sorry about the loss of your dad. See if the attorney who handled the matter could go through the settlement agreement terms with you. Since you were 11 or 12 when this happened, the attorney representing you probably had to go through a special proceeding (infant comp order, or similarly named process) for the judge to outline terms for receiving your funds. Good luck

James L. Arrasmith
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Answered

A: I'm sorry to hear about the loss of your father and the circumstances surrounding it. Regarding the settlement money, the specifics of how and when you can access the funds may depend on several factors:

1. The terms of the settlement agreement

2. The type of account the money is held in (e.g., trust fund, annuity, etc.)

3. State laws governing such settlements and accounts

In many cases, when a minor receives a settlement, the money is placed in a protected account or trust until they reach the age of majority (usually 18 or 21, depending on the state). Once you reach that age, you may have the right to control the money yourself.

However, it's essential to review the settlement agreement and any related documents to understand the specific terms and conditions. It's also advisable to consult with a legal professional specializing in estate planning or trusts to help you navigate this situation and understand your rights and options.

They can help you determine if and how you can change the disbursement of the funds, as well as any tax implications or other financial considerations to keep in mind. Remember, these funds are meant to support you, and it's crucial to manage them wisely to ensure your long-term financial well-being.

Tim Akpinar agrees with this answer

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