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If probate has to approve a settlement for a minor, do you file in the state where you live or where the accident took place?


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#1 Shacklefordo

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Posted 31 August 2012 - 11:56 AM

In Illinois, probate courts have to approve all settlements for minors. If a minor who lives out of state is due a settlement from an accident that took place in Illinois, where would you have to file to have probate approve the settlement? In Illinois where the incident occurred or in the other state where the minor lives?

#2 DrakeLawFirm

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Posted 06 September 2012 - 07:59 AM

Generally speaking, the probate court having jurisdiction of the minor would be the appropriate place to obtain court approval. This way, the Court can have jurisdiction over the funds and make sure they are held for the use and benefit of the minor. However, in some states such as Alabama, Court approval of a settlement for a minor is performed by the Circuit Court not the probate court.
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