In the Matter of Conservatorship of Tom Nielsen Brummett

law "when the ward attains majority." (Prob. Code Sec.1600(a).)

Blocked Accounts: If no guardianship of the estate is established, Sec.3611 provides an exclusive list of available alternative options. Among those is an order to deposit the funds "in an insured account in a financial institution in this state...." (Prob. Code Sec.3611(b).) Those funds belong to the minor, and are to be paid to the minor without further court order when the minor reaches majority.

Single-Premium Deferred Annuities: Another alternative is for the court to authorize the purchase of "a single-premium deferred annuity." (Prob. Code Sec.3611(b).) A "Single-Premium Deferred Annuity," in this context, is defined by statute. Probate Code Sec.1446 provides: "'Single-premium deferred annuity' means an annuity offered by an admitted life insurer for the payment of a one-time lump-sum premium and for which the insurer neither assesses any initial charges or administrative fees against the premium paid nor exacts or assesses any penalty for withdrawal of any funds by the annuitant after a period of five years."

While Section 1446 does not specify that the annuitant has access to the funds at the age of 18, the practical effect is not significantly different. It is seldom financially advantageous to purchase an annuity if the payout is fewer than five years away, making annuities generally a less desirable alternative for a minor over the age of 13. The result would be that the minor has full access to those funds at age 18.

Furthermore, the annuity allowed under Section 3611(b) is far less restrictive than the typical structured settlement annuity (SSA). The SSA simply does not allow the annuitant access to the funds except as allowed by the structure imposed in the annuity contract. That's the situation that leads to television commercials showing people yelling "It's my money, and I want it NOW." The danger of a young adult selling a structured annuity for pennies on the dollar is substantial, because that young adult's parents or guardian ad litem decided years ago to restrict the annuitant's access to their own money.

Appearances: The court is open to the public for court business. The court is also conducting hearings via Zoom videoconference. Meeting ID: 161 956 1423 Passcode: 137305

Tentative Ruling: Conservatorship of Tom Nielsen Brummett Tentative Ruling: Conservatorship of Tom Nielsen Brummett Case Number

Case Type Conservatorship Hearing Date / Time Wed, 05/06/2026 - 09:30 Nature of Proceedings Court Investigator's Biennial Review Tentative Ruling No appearances are required. The court investigator's report has been received and recommends that the conservatorship continue. The next review hearing will be held on May 3, 2028. The Court will give notice of this hearing to all parties.