Do I Have to Attend a Minor Settlement Court Hearing in Kentucky? | Kentucky Estate Planning | FastCounsel
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Do I Have to Attend a Minor Settlement Court Hearing in Kentucky?

Will I need to attend the court hearing for a minor settlement, and what should I expect?

Disclaimer: I am not a lawyer and this is not legal advice. This article explains common Kentucky practices for minor settlement hearings to help you know what to ask and prepare before consulting an attorney.

Detailed answer — overview of the Kentucky process

When someone under 18 (a minor) settles a legal claim in Kentucky—most commonly a personal injury or insurance claim—the court usually must review and approve the settlement before the funds can be distributed to the minor. That review happens in the county’s court that handles civil matters (often the Circuit Court). Whether you personally must attend the hearing depends on local court practice and the facts of the case, but you should plan to participate unless your attorney confirms you can be excused.

Why the court reviews minor settlements

The court protects a minor’s financial interests. Judges check that the settlement is fair, that attorney fees and costs are reasonable, and that the minor will be protected going forward (for example, by placing funds in a restricted account or ordering a structured settlement).

Who typically must be at the hearing

  • Parent or legal guardian: Usually expected to attend unless excused. The guardian is often the party who signs the settlement on the minor’s behalf and the court may want to see the guardian’s involvement and understanding.
  • The minor: Courts often do not require a young child to attend. Teenagers may be asked to attend depending on age and the court’s preferences.
  • Attorney for the minor: Most commonly present. In many counties an attorney can appear and present the petition so the guardian does not have to be present physically.
  • Guardian ad litem or court-appointed representative: If the court thinks the child’s interests need an independent review (for example, if a guardian may have a conflict), a guardian ad litem (GAL) or attorney may be appointed and will attend.

Typical steps before and at the hearing

  1. Filing paperwork: The attorney files a petition asking the court to approve the settlement. That petition usually includes the settlement agreement, a breakdown of fees and expenses, a proposed plan for the minor’s funds (e.g., blocked account, trust, or structured settlement), and a proposed order.
  2. Notice: The court may require notice to the minor (if appropriate), the minor’s parents or guardians, and interested parties. Some counties publish hearing calendars online.
  3. Hearing: At the hearing the judge will review the settlement and may ask questions. Expect the judge to focus on: how the settlement amount was calculated; the attorney fee percentage or hourly work; whether any liens or medical bills will be paid; whether the guardian has a conflict; and how the funds will be managed for the minor’s benefit.
  4. Outcome: If the court approves, the judge signs an order. The order will typically instruct how the settlement funds are to be handled—often placing funds in a blocked or restricted account, approving a structured settlement, creating a trust, or authorizing payment to a guardian or custodian under state custodial statutes.

Common questions judges ask

  • Is the settlement amount fair and reasonable given the injuries or claim?
  • What attorney fees and costs are being requested?
  • Are there outstanding liens (medical providers, insurers, government benefits) that must be paid?
  • How will the money be protected until the minor reaches majority (age 18)?
  • Is anyone with authority over the minor receiving money directly in a way that could be a conflict?

Can the hearing be handled by the attorney instead of attending in person?

Many Kentucky courts allow an attorney to appear on behalf of the minor and guardian and present the petition. In some counties, courts accept stipulated orders and documentary proof without an in-person hearing when the settlement is uncontested and the petition is well-documented. However, local practice varies. Do not assume you can skip the hearing without confirming with your attorney or the court clerk.

What the court will likely require for distribution of funds

The judge will usually order one of several protective options for the minor’s money:

  • Blocked bank account (court-ordered restriction until the minor is an adult).
  • Structured settlement (periodic payments through an annuity).
  • Trust for the minor (with a trustee and terms for distribution).
  • Payment to a guardian with a requirement for a bond or accounting.

Timing and costs

Expect the approval process to take several weeks to a few months depending on court schedules, whether a guardian ad litem is needed, and how quickly required documents (like lien resolutions) are prepared. The court will deduct or approve attorney fees and payable liens before ordering distribution.

How to prepare if you will attend

  • Bring photo ID for the guardian and any paperwork your attorney asks you to bring (settlement agreement, releases, medical bills, proof of guardianship, etc.).
  • Arrive early and check in with the clerk to confirm the courtroom and whether any additional documents or copies are needed.
  • Be ready to answer basic questions about the child’s needs and how the settlement amount was determined.
  • If travel or safety is a concern, tell your attorney—some courts may allow remote appearance by phone or video, but you must arrange that in advance.

Helpful hints

  • Check local practice: Call the circuit court clerk in the county where the petition will be filed and ask about minor settlement hearings, required forms, and whether the guardian must appear.
  • Hire or consult a Kentucky-licensed attorney: An experienced attorney familiar with local judges and practices will file the proper petition and can often appear so you do not need to attend.
  • Ask about liens early: Identify medical providers, Medicaid, or other lienholders early and resolve or list them in the petition so the court sees a clear distribution plan.
  • Plan for how funds are protected: Discuss blocked accounts, trusts, or structured settlements with your attorney and include a clear proposal in the petition so the judge can approve it at the hearing.
  • Bring documentation of expenses: If you ask the court to pay certain expenses from the settlement (medical bills, future care), bring estimates, bills, or expert statements supporting those amounts.
  • Expect reasonable attorney fees to be scrutinized: Judges will typically review fee requests and may approve a portion if they find the fee excessive compared to the settlement. Be prepared to explain how fees were earned.
  • If you disagree: If any interested party objects to the settlement, the court may schedule a contested hearing; you should retain counsel if that happens.
  • Use official court resources: For general Kentucky court information, visit the Kentucky Court of Justice at https://kycourts.gov or contact your local circuit court clerk’s office.

If you need help finding a Kentucky attorney for a minor settlement, consider contacting a local bar referral service or the Kentucky Bar Association for referrals. An attorney can explain local practice, represent the minor at the hearing, and help prepare the petition and supporting paperwork.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.