Detailed Answer
Under Rhode Island practice, most civil settlements that involve a minor (someone under 18) require court review and judicial approval before the money can be fully released to a parent, guardian, or the minor. The court’s job is to make sure the settlement is fair, that the minor’s interests are protected, and that any distribution plan or guardianship orders follow Rhode Island probate and guardianship practice. For general statutory resources about wills, estates, and probate procedures in Rhode Island, see the Rhode Island General Laws (Title 33): https://webserver.rilin.state.ri.us/Statutes/TITLE33/ and the Rhode Island Judiciary – Probate Court information: https://www.courts.ri.gov/Courts/ProbateCourt/Pages/default.aspx.
Will you need to attend the hearing? Often, yes — at least one adult representing the minor (usually a parent or the child’s attorney) must appear. The court may also require the parent or guardian who negotiated the settlement to attend. The minor’s appearance is sometimes required but not always. Whether the minor must be in court depends on the judge, the child’s age and maturity, and whether the judge wants to take direct testimony from the child. The court may instead appoint a guardian ad litem or require sworn statements and documentary proof so that the minor does not have to appear in person.
What the court will look for
- That the person asking for approval has the authority to settle on the minor’s behalf (parent, guardian, or appointed representative).
- That the settlement amount and terms are reasonable compared to the claim and the minor’s needs.
- That attorneys’ fees and expenses are reasonable and clearly documented.
- That creditors, medical providers, and government benefit programs (if applicable) are identified and addressed.
- That the proposed distribution plan protects the minor’s long‑term interest (for example, court‑ordered blocked accounts, trusts, or other management methods).
How hearings usually proceed
- Short calendar call. The judge or clerk confirms appearances and the petition before the court.
- Presentation of documents. The petitioner’s lawyer will present the settlement agreement, any proposed order, receipts of liens, a petition for approval, and supporting affidavits or medical records (if relevant).
- Questioning. The judge may ask the parent/guardian or attorney brief questions to confirm facts and fairness. If the minor appears, the judge may ask age‑appropriate questions. The judge may also speak with a guardian ad litem, if one is appointed.
- Ruling. If the judge is satisfied, the court signs an approval order. The order may direct that funds be placed in a blocked account at a bank, paid into court or a trust, used to buy an annuity (structured settlement), or otherwise managed to protect the minor. If the judge has concerns, the court can continue the matter, modify the distribution plan, or deny approval until issues are resolved.
When a hearing can be avoided or shortened
In some situations, if the settlement is routine, all interested parties agree, and the court finds the record complete, the judge may approve the petition without a live hearing or with minimal attendance. Small settlements or claims where the court accepts written affidavits and a proposed order are more likely to be handled in that way. However, you should not assume a hearing will be waived — plan to attend unless your attorney confirms a waiver in writing.
Timing and paperwork
Expect the process to take several weeks from submission of the petition to the approval order. Typical required documents include:
- Petition for approval of minor settlement, with a detailed explanation of the claim and settlement terms;
- Signed settlement agreement and releases;
- Itemized statement of attorneys’ fees and costs;
- Documentation of liens or outstanding bills (medical, Medicaid, etc.);
- Proposed order describing how funds should be held or distributed (e.g., blocked account, trust, annuity purchase);
- Affidavits or medical records if the claim involves injury.
What to expect after approval
Once the judge signs an approval order, the defendant/insurer will pay as directed by the order. The court may require funds to be deposited into a blocked account or paid to a court‑appointed trustee. If the settlement funds will be invested or placed in a trust, the court may retain continuing jurisdiction over those funds until the minor reaches majority or until other conditions in the order are met.
Special issues to watch for
- Medicaid or public benefits: If the minor receives government benefits, the court may require a plan to protect those benefits and satisfy reimbursement claims.
- Medical liens and subrogation: Hospitals and insurers may assert lien rights. The court will want those addressed so the minor receives net recovery that is fair.
- Attorney fees: The court must approve attorneys’ fees paid from the settlement; bring clear billing records.
- Structured settlements and annuities: Courts often approve annuity purchases to provide long‑term protection for the minor’s funds.
Helpful Hints
- Talk to a lawyer experienced with Rhode Island probate/minor settlement practice before you sign anything. Ask how the lawyer will handle the court approval and whether a hearing is likely.
- Prepare complete documentation early: settlement agreement, bills, lien information, and a proposed order describing distribution of funds.
- Assume you may need to appear in court. Plan for travel time and bring identification and any documents the attorney requests.
- Ask whether the court usually requires the minor’s presence in your courthouse and whether a guardian ad litem will be appointed.
- If the minor receives public benefits, notify a lawyer who understands how settlements affect benefits and Medicaid liens.
- Clarify where the funds will go after approval and how long the court will retain jurisdiction. Get that plan in writing in the proposed order.
- Keep copies of the signed court order and all settlement documents. Banks and insurance companies will require them before releasing funds.
Where to get more information
For procedural details about probate matters, the Rhode Island General Laws and the Rhode Island Judiciary are primary resources: Rhode Island General Laws, Title 33: https://webserver.rilin.state.ri.us/Statutes/TITLE33/ and Rhode Island Judiciary – Probate Court: https://www.courts.ri.gov/Courts/ProbateCourt/Pages/default.aspx. Because local practices can vary by court and judge, your attorney can tell you how hearings are typically handled in the probate division that will hear your petition.
Disclaimer: This article explains general Rhode Island practice and is for informational purposes only. It is not legal advice and does not create an attorney-client relationship. For advice about a specific case, consult a licensed Rhode Island attorney.