Why and When a Court Gets Involved in a Minor's Settlement in Montana

By the FigureMyTax Editorial Team · How we calculate

We did not find a Montana statute that says every child's injury settlement needs a judge or that sets a dollar threshold. The probate code lets the court protect a minor's money by a conservator or other protective order, and practice sources say the probate court approves a child's injury settlement.

When the court may act

MCA 72-5-409 lets the court, on petition and after notice and hearing, appoint a conservator or make another protective order for a minor if the minor owns money or property that requires management or protection that cannot otherwise be provided.

Protective arrangements without a conservator

Section 72-5-422 lets the court, without appointing a conservator, authorize, direct or ratify any transaction necessary or desirable for the minor's security, including payment, delivery, deposit or retention of funds, an annuity contract, or a suitable trust, if in the minor's best interests, and appoint a special conservator to carry it out.

Conservators

A conservator may settle a claim by or against the protected person by compromise (72-5-427(1)(s)), and at majority must distribute all funds and property to the former protected person as soon as possible after meeting prior claims and expenses (72-5-429).

Representation in a lawsuit

A minor without a duly appointed representative may sue by a next friend or guardian ad litem, and the court must appoint a guardian ad litem or issue another appropriate order to protect an unrepresented minor, under Montana Rule of Civil Procedure 17, which we read only in a secondary source.

What we did not find

We did not find a statute requiring approval of every settlement, a small-amount exception or a rule on how the money must be held. A forms vendor says the probate court must approve a child's injury settlement; we did not verify that. Ask the court or a lawyer before you sign a release.

Who is a minor, and deadlines

A minor is a person under 18 (MCA 41-1-101). The time of a minor's disability is not part of the time limit for commencing the action (27-2-401), and most tort actions have 3 years (27-2-204). Ask an attorney before assuming you have time. See how the money may be held and run your numbers in the Montana minor's settlement calculator.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Montana's rules apply to your specific case with a licensed Montana attorney.