Legal Question in Personal Injury in California

Is there a specific California Probate Code section that says a minor's compromise hearing is not required for settlements below a certain amount, e.g. $5000:


Asked on 3/19/10, 4:24 pm

2 Answers from Attorneys

Joe Marman Law Office of Joseph Marman

There were new rules just enacted, that may not allow that. However this is what you may be looking for.

See: Probate Code �3413. Court Orders

If the minor has no guardian of the estate and there is money belonging to the minor, the court may order that a guardian of the estate be appointed and that the money be paid to the guardian or the court may order any one or more of the following:

(a) That the money be deposited in an insured account in a financial institution in this state, or in a single-premium deferred annuity, subject to withdrawal only upon authorization of the court.

(b) That all or any part of the money be transferred to a custodian for the benefit of the minor under the California Uniform Transfers to Minors Act, Part 9 (commencing with Section 3900).

(c) If the money belonging to the minor does not exceed twenty thousand dollars ($20,000), that the money be held on any other condition that the court in its discretion determines to be in the best interests of the minor.

(d) If the money belonging to the minor does not exceed five thousand dollars ($5,000), that all or any part of the money be paid to a parent of the minor, without bond, upon the terms and under the conditions specified in Article 1 (commencing with Section 3400).

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Answered on 3/24/10, 4:52 pm
Armen Tashjian Law Offices of Armen M. Tashjian

If a minor's settlement does not exceed $5,000, the court may order it paid to the custodial parent to be held in trust until the minor reaches majority. [Prob.C. �� 3611(e), 3401]

Nevertheless, the judge has discretion to order the settlement funds placed in a blocked account with withdrawals subject to court approval (below) where the judge believes this is in the minor's best interest; e.g., where the minor has recovered fully and there is no immediate need for the funds.

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Answered on 3/24/10, 7:03 pm


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