Computation Of Attorney Fees For Estates Page 12
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30entitled and to whom such money or property shall be paid or delivered;
further subsequent accounts shall set forth individual information in like
manner.
(D)
Pursuant to Sup R. 67, where no guardian is appointed for either the
receipt of an estate of a minor or the receipt of a settlement for injury to a
minor, the attorney representing the interest of the minor shall prepare an
Entry ordering the deposit of said funds in a financial institution in the
name of the minor, impounding both the principal and interest and
releasing said funds to the minor on his eighteenth birthday. Said Entry
shall be presented at the time the Entry waiving appointment of a guardian
or approving settlement is approved. The attorney shall further be
responsible for depositing the funds and for providing the financial
institution with a copy of the Entry. The attorney shall obtain a
verification of receipt and deposit from the financial institution and file the
form with Court within seven days of issuance of the Entry.
Rule 36
SETTLEMENT OF CLAIMS FOR INJURIES TO MINORS
(A)
Applications involving the payment of ten thousand dollars ($10,000.00)
or less shall be by the parent or parents or by the person having custody of
the minor, and shall be captioned in the names of the minor. If either or
both parents are deceased, or their whereabouts unknown, such facts shall
be noted in the caption. If the parents are divorced or separated, and
custody has been awarded to the applicant, as well as minors fourteen (14)
years of age or over, must consent to the Application in writing.
(B)
In any Application by a guardian for approval of a settlement of an action
for personal injuries to his ward irrespective of amount, the parent or
parents of such ward, if any, living in the county, shall be entitled to seven
(7) day notice by certified mail of the hearing on such Application. The
notice may be waived in writing.
(C)
All Applications may be accompanied by current statement of the
examining physician in respect to the injuries sustained, the extent of
recovery thereof and the physician’s prognosis.
(D)
The presence of the injured minor and the parents shall be required at the
hearing on all Applications.
(E)
All Applications shall state what additional consideration, if any, is being
paid to persons other than the guardian.
(F)
All Applications shall state what arrangement, if any, has been made in
respect of counsel fees, which fees shall be subject to review by the Court.
9
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