When a parent dies and leaves behind young children, the children are often the people the law is most worried about. A wrongful death recovery in Massachusetts belongs to the family members the statute names, and minor children are frequently among them. Here is the part families rarely expect: a child’s share of that money is not simply written into a check and handed to the surviving parent to spend. Massachusetts puts a court between the child and the money. That oversight protects the child, and it also slows the case down. Knowing why helps you understand what your lawyer is doing while a settlement moves toward the finish line.
Where a minor’s share comes from
A Massachusetts wrongful death claim runs through M.G.L. c. 229, § 2. The claim is brought by the personal representative of the person who died, but the recovery is not the estate’s to keep. It passes to the statutory beneficiaries: usually the surviving spouse, the children, and in some situations other next of kin. If the person who died was a parent of minor children, those children hold a real interest in the recovery. Their piece of it is theirs, not their surviving parent’s.
That distinction matters. A surviving parent might assume that because they are raising the children, the money is effectively theirs to manage. Massachusetts does not see it that way. The child’s share is the child’s property. Because a minor cannot legally give up rights, sign a binding release, or handle a sum of money, the court steps in to stand guard over it. For a fuller picture of how a recovery is divided, see our page on who can file a wrongful death claim in Massachusetts.
Why the court has to approve the settlement
A settlement that resolves a minor’s interest generally cannot be finalized by the adults alone. It requires court approval. The reason is simple. The defendant and its insurer want a clean, final release so the claim can never come back. A minor cannot give that release. Only a court can approve a settlement on a child’s behalf and make it stick.
So a judge reviews the deal. The review is not a rubber stamp. The court looks at whether the overall settlement is fair given the facts, and it looks at how the money is being divided among the beneficiaries. If the surviving parent is also a beneficiary, the court pays attention to whether the split between parent and child is reasonable or whether the adult is taking too large a piece. The court’s job is to make sure the child is not shortchanged by the very people who are supposed to be protecting the child.
The personal representative and the guardian ad litem
Two roles usually come up in a case with minor beneficiaries.
The personal representative is the person appointed to bring the claim and, later, to distribute what comes in. Often this is the surviving spouse or a close family member. The representative owes duties to all the beneficiaries, including the children.
Sometimes that is not enough. When the adults involved have interests that could pull against the child’s, a court may appoint a guardian ad litem. This is an independent person, frequently an attorney, whose only job is to look at the settlement from the child’s side and report to the court on whether it treats the child fairly. Think of the guardian ad litem as a set of eyes that answers to no one but the child. When a surviving parent stands to receive money from the same settlement, that independent check is often what allows a judge to sign off with confidence.
How the money is protected until the child grows up
Approving the settlement is only half the work. The court also decides what happens to the child’s share afterward. The money does not go into a parent’s checking account. Massachusetts wants the funds preserved for the child, and there are a few common ways to do that.
- A protected or blocked account. The child’s share is deposited into an account that cannot be touched without a court order. It sits and waits, usually until the child reaches adulthood.
- A structured settlement. Instead of one lump sum, the money is used to buy an arrangement that pays the child over time, often starting at adulthood. This can spread payments across years, which helps a young person who has never handled a large sum.
- A trust or similar arrangement. In some cases the funds are placed in a vehicle designed to manage and release money on terms the court approves.
The exact tool depends on the size of the share, the child’s age, and what the judge thinks best serves that child. What stays constant is the goal: keep the money intact and out of reach of anyone who might spend it on something other than the child.
Why this takes longer
Families are sometimes frustrated that a settlement they thought was “done” keeps dragging. When minor beneficiaries are involved, extra steps are the reason. A petition has to be prepared and filed. A guardian ad litem may need to be appointed and given time to investigate. A hearing has to be scheduled, and the judge has to be satisfied before approving anything. Then the protective arrangement for the funds has to be set up. None of this is wasted motion. It is the price of a settlement that actually protects the child and cannot be undone later. Our overview of the wrongful death claim process walks through where these steps fit in the larger timeline.
Why experienced counsel matters here
Handling a minor’s share is a place where corners get cut by lawyers who do not do this often. The allocation between adult and child beneficiaries has to be defensible. The protective arrangement has to be chosen with the child’s real future in mind, not just with what closes the file fastest. And the paperwork has to satisfy a judge who is looking out for someone who cannot look out for themselves. Getting this wrong can cost a child money or delay the case even further. This is one of several reasons a wrongful death case with children involved should be in experienced hands. If the person who died was a child, the analysis differs; see wrongful death of a child in Massachusetts.
What a recovery is built from
People often want a number early. There is no meaningful average in these cases. A wrongful death recovery is built from the specific losses the family suffered, the strength of the liability evidence, and what the records show. How that value is then divided among a surviving spouse and minor children is its own question, and it is exactly the question the court reviews when children are in the mix. Our page on wrongful death damages in Massachusetts explains what goes into that value.
Questions families ask
Can I just deposit my child’s share into our family account?
No. A minor’s share is the child’s property, and Massachusetts requires it to be protected under court supervision. It typically goes into a blocked account, a structured settlement, or a similar arrangement, not a parent’s personal account.
Does every wrongful death settlement with a child need a judge’s approval?
When a settlement resolves a minor’s interest, it generally requires court approval so the release is valid and binding. A minor cannot give up claims on their own, so a court has to approve the deal on the child’s behalf.
What does a guardian ad litem do?
A guardian ad litem is an independent person, often a lawyer, appointed to represent the child’s interest and report to the court on whether the settlement and the allocation are fair to the child. They are especially common when a surviving parent also stands to receive money.
When does my child get the money?
It depends on the arrangement the court approves. A blocked account usually releases when the child reaches adulthood. A structured settlement can pay out over a period of years, sometimes beginning at adulthood. The judge decides based on the child’s age and circumstances.
Why is our case taking so long to finalize?
Minor beneficiaries add steps: a petition, a possible guardian ad litem investigation, a court hearing, and setup of a protective arrangement for the funds. Those steps exist to protect your child and to make the settlement final.
We handle Massachusetts wrongful death cases on a contingency basis: no fee unless we recover. If your family lost a parent and children are involved, call us at 617-415-2100 to talk through how a settlement would be approved and how your child’s share would be protected.
Related guides
Complete guide · Who can file · What families recover · The claim process
Attorney at Scalli Murphy Law, P.C. Massachusetts personal injury and wrongful death practice since 1994. This overview is general information and not legal advice.
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