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Settling a Child’s Accident Injury Case in Athens Georgia: Is Probate Court Really Necessary?

Does this sound like you? “The insurance company has told me that the probate court must approve my child’s settlement and that I can’t receive any of the money!”  This is actually correct: for settlements with a net amount over $15,000, the probate court must be involved.

According to Georgia law, if a child is injured and receives a settlement of over $15,000, the probate court must approve the settlement, after first receiving a Petition to Compromise a Doubtful Claim of the Minor. Conveniently, the probate court in Clarke Georgia has standardized documents for this petition that can be found here.

Furthermore, any child who is set to receive more than $15,000 from an injury settlement (net of the lawyer’s fees) must have a conservator or guardian appointed to manage the funds.

Here is another question we hear often: “Can’t I still spend the money on my child’s school tuition?” Unfortunately, very few Georgia judges allow funds to be used this way, because they assume that the child would receive standard education anyway. Generally, judges approve to have extra money reserved for a child until he or she becomes an adult. You always have the option to file a petition to gain access to the funds, although these petitions are usually not granted.

Simply put: if your child will be receiving over $15,000 after legal fees, the probate court in Athens, GA will decide how the money may be managed.

It is important to note, however, that if your case were already in litigation, these motions would be managed by the trial judge handling the injury case.

Client Reviews
"Chris was easy to work with and got the job done! Before he took my case he answered all my questions and clearly explained several options. He and Alicia worked quickly and efficiently to represent my interest. Overall very professional and effective legal service." John
"Chris was professional and even adjusted his fees based on the work he did. I hope I'm never in the position to need his services again, but if I ever am, I will be calling him again." Laurie
Excellent and professional a very honest and hard working lawyer! He works as fast as he can with your case and gets you the best settlement!!! I would recommend Christopher Simon to work on anyone case!!!! I am very great full for what he did for me! Thank you!" Anonymous