Visitor Question

Paying for Childrens’ Settlement Trust?

Submitted By: Macy (Kansas City, Missouri )

I was in a car accident and my niece and nephew were in the car. They were injured and when they received their settlement it was put into a trust. The attorney said the state of Missouri required the trust to be set up for them. I had no problem with this.

Their mother now wants the money and since she can not get it out of the trust she says I should pay her the money out of my settlement. I told her it is her children’s money not hers and that is why it was put into trust.

She hired a lawyer and they said they will take me to court if I do not pay her. I told her to take me to court because I am not giving her any money. Do I have anything to worry about? Is there anything she can do to me or any way she can get at the children’s settlement money? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.


Dear Macy,

If the court ordered the children’s money be placed in trust then there doesn’t appear to be any legal reason for your concern. Take a look at the court order. If you don’t have a copy, go to the courthouse and the court which heard the case. If you have the case number it should be relatively easy to secure a copy of the order. It is altogether curious an attorney would become involved in this matter. An attorney should know the money is untouchable without a court order.

Although it is possible for them to sue you independently, if the previous settlement was agreed to by the mother on behalf of her children it is likely you should have been released from further liability. In addition to securing a copy of the court order you would be best served by contacting the attorney or attorneys who were involved in the settlement. Ask them if the mother signed a release, especially against you.

If there were no attorneys involved in the settlement then you would also be well advised to seek the advice and counsel of an attorney just to verify what is being suggested.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: January 22, 2013

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