MC-351 ORDER APPROVING COMPROMISE OF CLAIM OR ACTIONOR DISPOSITION OF PROCEEDS OF JUDGMENTFOR MINOR 2026

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How to use or fill out MC-351 ORDER APPROVING COMPROMISE OF CLAIM OR ACTION OR DISPOSITION OF PROCEEDS OF JUDGMENT FOR MINOR

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  1. Click ‘Get Form’ to open it in the editor.
  2. Begin by entering your details in the 'ATTORNEY OR PARTY WITHOUT ATTORNEY' section, including your name, firm name, address, and contact information.
  3. Fill in the 'SUPERIOR COURT OF CALIFORNIA' section with the relevant court details, including case name and number.
  4. In section 1, indicate whether a hearing was held and provide the necessary details if applicable.
  5. Complete sections 2 and 3 by identifying the petitioner and claimant's relationship, ensuring to check all applicable boxes.
  6. In section 6, confirm whether the claimant can consent to this order. Provide any required financial details in sections 7 and 8 regarding fees and expenses.
  7. Finalize by reviewing all entries for accuracy before saving or printing your completed form.

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Probate Code 3500 provides that when a minor has a disputed claim for damages, money or other property and does not have a guardian of the estate, the following persons have the right to compromise the claim: Either parent if the parents of the minor are not living separate and apart.
A minors compromised claim is a procedure to allow an adult to sign on behalf of a child, so the child may receive funds awarded in a legal action. The law does not allow a child to sign legal documents on their own behalf until she or he becomes an adult.
Although things can change depending on your location (to some extent), a lawsuit settlement or award for the benefit of a minor is the minors property, not the parents.
This rule requires the court to approve and allow attorneys fees in an amount that is reasonable under all the facts and circumstances, under Probate Code section 3601.
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