If I’m 17 years old and was recently in a car wreck, what will happent to my settlement and to whom will it go?
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If I’m 17 years old and was recently in a car wreck, what will happent to my settlement and to whom will it go?
Does it get put into a a trust fund until I’m 18 or will it go to my parents? If it is supposed to go to them, is there a petition that I can file so that my money will not go into my mom’s hands for her to blow on God knows what.
Asked on January 7, 2014 under Accident Law, Florida
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
Settlements involving Minors
Since a court must eventually approve a personal injury settlement of behalf of a minor or incompetent, as petitioned by his/her legal guardian, the final choice of funding vehicle(s) will be at the Judge's discretion. Among the choices are - cash, annuity, or some combination thereof. If cash is paid in a single lump sum in lieu of an annuity, most judges will require the settlement proceeds be deposited in a restricted account until the age of majority (age and rules vary by state law).
Fortunately, there is a better alternative than the restricted lump sum cash account that is widely preferred by most judges - the structured settlement annuity.
A Structured Settlement Annuity can address many of the issues that parents and guardians face when contemplating what may be in their child's best interest long-term.
The benefits in summary are:
- Structured annuities provide guaranteed payments that are exempt from tax.
- Structured annuities can provide guaranteed payments to fund college tuition and post-graduate expenses.
- Structured annuities avoid the expense of account supervision and need for annual administrative filings.
- Structured annuities provide the highest after-tax return with low risk in any interest rate environment when compared to a restrictive savings account or trust account.
- Structured annuities, with or without a trust, serve to defray the costs of money management that reduce investment returns.
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