Get Ca Mc-351 2010-2025

Rule 7.955 amended effective January 1, 2010; adopted effective January 1, 2003; previously amended effective January 1, 2007. This rule requires the court to approve and allow attorney's fees in an amount that is reasonable under all the facts and circumstances, under Probate Code section 3601.

A petition for approval of compromise of claim of minor or adult person with a disability is filed when parties have agreed to settle a claim of a minor or adult person with a disability. The law doesn't allow a minor or person with a disability to settle their own claim without an adult guardian.

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.

Rule 7.950. 5 permits the use of an “Expedited petition” in authorized circumstances.

A compromise of a minor's claim is when an adult executes a settlement agreement on behalf of a minor child. This is necessary because children under the age of 18 are not legally able to enter contracts in California.

If the settlement is $20,000 or less, the court will make whatever order is in the best interests of the child. If the settlement is $5,000 or less, the court will order a transfer of funds to the parent of the child, in trust for the child.

If the settlement is $20,000 or less, the court will make whatever order is in the best interests of the child. If the settlement is $5,000 or less, the court will order a transfer of funds to the parent of the child, in trust for the child.