As a personal injury attorney, are you handling your settlements correctly for minors and incapacitated persons? MCR 2.420 mandates that all personal injury settlements and judgments for minors or persons under guardianship must be brought before the judge to whom the action is assigned to pass on its fairness.
Judge Milton L. Mack, Jr. of the Wayne County Probate Court wrote a terrific article in the Michigan Bar Journal detailing the process. You can read it by clicking here.
It is important to note that if the guardian will share in the proceeds of the case, a guardian ad litem must be appointed. The court rule mandates that no judgment or dismissal may enter in the trial court until that court receives written verification from the probate court that it has passed on the sufficiency of the bond.
If the settlement is pre-suit, you must ask yourself the question as to whether it is advisable to file a lawsuit in the circuit court to obtain circuit court jurisdiction to settle the case. This may be advisable if the probate court judge has a history of disrupting settlements or reducing the one-third attorney fee.
The Probate Pro is here to help assist in making these decisions.