New laws concerning minors

New laws concerning minor…

Henry Gornbein: Are there any other issues that are important in this area in regards to wrongful death cases?

Howard Linden: Wrongful death cases and the code and the developing law has been upgraded a lot as far as protection of minors. That was a big gaping hole with that. Now the probate court and the circuit court have been ordered and mandated by new court rules to work together. By that I mean the following: Under a new court rule, I believe it’s 4.240, the circuit court judge who would be hearing the case and settles the case for wrongful death can not enter an order in his or her circuit court until the probate judge reviews the settlement. If there are minors involved, a corporate fiduciary bond must be filed that protects the minor’s money before the judge in circuit court is allowed to sign the final order. That’s a big step forward. I was directly involved in that court rule with some other judges and honestly it’s a great protection for minors. Protection is the key.