Friendlies and the Surrogates Intermingled Trust Fund
Rule 4:44 requires court approval of a settlement on behalf of a minor or mentally incapacitated person (previously referred to as an “incompetent”). The majority of settlements paid on behalf of minors and incapacitated individuals are paid into the Surrogate’s Intermingled Trust Fund (SITF). Whenever the proceeds of such a settlement are to be paid into the SITF, a uniform order for judgment form must be used. A copy of the form appears in the appendix. Before scheduling a friendly hearing seeking approval of a settlement on behalf of a minor or mentally incapacitated individual, counsel should contact the county surrogate and ensure that the surrogate has reviewed and approved the proposed completed order for judgment form.