Minor Child’s Settlement for Injuries (Settlements under $5,000.00)

If the monetary settlement is below $5,000.00, the California Probate Code Sections 3611(d), and 3401 has routinely allowed custodial parents to manage the settlement funds directly on behalf of their minor children thereby not mandating the filing for court approval when minor settlements are below $5,000.00.  In fact, all the major insurance carriers in California routinely waive the Minors’ Compromise and Release hearings when the settlement amount to the injured child is below $5,000.00. The reason for non-requirement of court approval for settlements under $5,000.00 is because judges have discretion to order the settlement funds for a minor child to either be placed in a blocked account with withdrawals subject to court approval, or they can order it paid directly to the custodial parent(s).

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