Question 1

Does a judge have to approve a minor's settlement in Michigan?

Accepted Answer

Yes, in an action brought for a minor by a next friend, guardian or conservator. The settlement must be brought before the judge, who passes on its fairness, and the injured person must appear unless excused for good cause (MCR 2.420(B)(1)). Before a lawsuit is filed, the probate court handles the claim.

Question 2

When does a conservator have to be appointed?

Accepted Answer

If the settlement requires more than $5,000 to be paid to the minor immediately, or in installments exceeding $5,000 in any single year during minority, the probate court must appoint a conservator before the judgment or dismissal, and payment goes to the conservator. Up to $5,000 a year the money may be paid as MCL 700.5102 allows (MCR 2.420(B)(4)).

Question 3

Why does the statute say $50,000 and the court rule say $5,000?

Accepted Answer

MCL 700.5102 now lets a payer pay up to $50,000 a year to a parent with care and custody, a guardian, or an insured savings account in the child's name, but MCR 2.420 still uses $5,000 as the line for requiring a conservator in a court-approved settlement. Follow the court rule when a court is involved, and ask the court what it applies.

Question 4

When is a guardian ad litem required?

Accepted Answer

If the next friend, guardian or conservator has made a claim in the same action and will share in the minor's settlement, the judge must appoint a guardian ad litem to approve it (MCR 2.420(B)(2)).

Question 5

How long do I have to sue for a child's injury?

Accepted Answer

A person under 18 when the claim accrues has 1 year after turning 18 to bring the action even though the usual 3-year period has run (MCL 600.5851 and 600.5805(2)). Ask an attorney before assuming you have time.

Michigan Minor's Settlement Calculator

Estimate what the child receives

Michigan requires a judge to approve a child's settlement and a probate conservator above $5,000 a year

Michigan Minor's Settlement Calculator

Estimate what the child receives

Michigan requires a judge to approve a child's settlement and a probate conservator above $5,000 a year

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