Trusts and Conservators for a Child's Settlement in Utah

By the FigureMyTax Editorial Team · How we calculate

In Utah, money from a child's injury claim paid to a custodian or guardian must be held in trust for the child's sole benefit and turned over at 18, and a parent or guardian may petition the court to release it earlier. A conservator is the route when one is appointed or pending.

Held in trust

Utah Code 75-5-102(4) says a person other than the minor receiving money from a personal injury or wrongful death claim shall hold it in trust for the minor's sole benefit, and any money held must be turned over when the minor reaches 18. A parent or guardian may petition the court at any time before 18 to request disbursement.

Duties of the recipient

The recipient must apply the money to the minor's support and education, may not pay himself except to reimburse out-of-pocket expenses for goods and services necessary for the minor's support, must preserve excess sums for future support, and is not otherwise responsible to the payer for the application of the money.

Conservators

The simple payment rule does not apply if the payer has actual knowledge that a conservator has been appointed or a petition to appoint one is pending. We did not read the conservator statutes or local rules on bonds and accounting.

What we did not find

We found no Utah statute on structured settlements for minors. Read what we found about court approval and what we found about attorney fees, and see what is left in the Utah minor's settlement calculator.

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