Minors Are Protected By The Probate Code

Resolving a minor’s injury complaint can often add a complex layer to litigation that may leave many experienced practitioners scratching their heads.  Additionally, the pressure to quickly resolve a matter can be overwhelming, especially after settlement negotiations have been informally reached.  However, when the interests of a minor are involved, the Probate Code requires additional steps and procedures to make sure the interests of the minor are fully protected.  Probate Code sections 3500, 3600-3613, provides the primary authority for such actions, and nonconformity can lead to heavy handed ramifications, including the entire proposed settlement being voidable, at the minor’s election, potentially leading to further liability down the line.  Thus, it is in everyone’s interests to take the necessary time to ensure the proper steps are followed in resolving a minor’s case.  The attorneys at Maire and Deedon have practical experience in resolving a minor’s claim and know how to navigate the procedural landmines associated with such matters.