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Under the law, a minor child cannot sign a contract or other legally binding agreement. But if your child has a claim for injuries caused by an accident, then you or the child's guardian of the estate, can sign a settlement agreement on behalf of the child.
In a traditional personal injury settlement arrangement, when the child turns 18, they can go down to the bank with their ID and withdraw all the money. In some cases this amount can be worth hundreds of thousands of dollars.
According to California law, if a child is under the age of 18 (otherwise known as a minor) then they must have any personal injury settlements approved by the appropriate court. They then proceed with any action on behalf of the minor, except in the case that the minor has been emancipated.
Minor Settlements Law and Legal Definition. Whenever a minor receives a settlement from a lawsuit, such as a lawsuit for personal injury, the state laws, which vary by state, usually require an application to be filed in the appropriate court for approval of the settlement and disbursement of funds.
Structured Settlements for Minors. Structured settlements are financial arrangements that protect money that has been offered to a minor as compensation for personal injury and wrongful death cases. This money ensures regular, tax-free payments for a child's future.
Generally, a minor's settlement is placed into a blocked account and requires the court's approval for any expenditures. If you can convince the court that the house is necessary for the well-being of the minor then, you will be permitted to make such purchase.
In most cases, it doesn't matter that a settlement agreement wasn't signed by the person wanting to back out, as long as the other parties can prove there was some form of agreement to the settlement. Settlement agreements are often completely enforceable as oral contracts.
Once the parties reach a settlement agreement, it becomes a binding contract, which can only be rescinded for limited reasons, such as fraud by one of the parties. However, a settlement offer is just that -- an offer. An offer does not become a binding contract until the other side accepts it.
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