Types of Hearing Documents
Document Type #1: MC 350 (California) All states have a similar form (CIVIL COURT TO PROBATE EXAMINER )
What is this? Outlines the terms of settlement/agreement & how terms will be met.
CAUTION: If a GAL has been appointed then a Minor’s Compromise & Person who Lacks Capacity is filed jointly to be reviewed by a “Probate” court examiner (attorney proficient in probate matters).
Things to Know:
- Distributions are outlined that identify the plaintiff’s injuries, scope of incident, and the requested award amount.
[ ] Sample Language is Included | Sample MC-350 on file similar language can be used in most states.
[ ] Medicaid Set Aside (MSA) – Should be held in trust except in CA
[ ] Structure Settlement Language , commutation language required in all states except California
[ ] Review Distributions and Apportionments – where & whom do funds go to
[ ] Reward Amount clears
[ ] Review signed order and address issues with a Director
Document Type #2: MC 351 – CA ONLY
What is this? Providing instructions to the court as to what is decision is being requested.
This document outlines what is being requested to the Probate examiner.
Who? Minor’s Compromise & Person who Lacks Capacity
THINGS TO KNOW:
- The Master Trust Document sent to the attorney must match the state where the case resides, be sure to call attention to the probate code compliance on page two of Master Trust.
- Never submit BLANK Joinder Agreement to the court. Completed documents should be submitted with court filings.
- When case has a GAL the Schedule C portion of the Joinder Agreement should state heirs at law.
- CA uses a MC-351 other states may use this form or something similar so procedures and language is similar.
- Settlements at $25,000 or more in California and most states will require ongoing jurisdiction and a bond & accountings.
- The 2nd Page of the Master Trust shows applicable state probate code requirements.
- If this is a Sealed Case, please ensure that a Sharefile is created for the Lead Prospective Client’s File. This will make it secured.
- Note this shouldn’t be for multiple plaintiffs (i.e. mass tort case)