'Just want to be an adult': Daughter of 2001 Salvation Army crash victim fights for settlement money
CHICAGO (CBS) -- A CBS 2 exclusive: You might remember this horrific crash from 2001, where a Salvation Army van collided with a tractor trailer killing 10 people.
One of them was Schwanda Cross. Her daughter has been fighting to get millions of dollars in settlement money. She spoke with CBS 2's Sabrina Franza about who's now in control of all that cash.
Arian Burton is a new mom. She lost her own mom in a 2001 crash killing 10 people. She was two years old at the time.
"As soon as they put him on my chest, I started crying because that was the first thing I thought about. I wish she was here to be able to see her first grandchild," Burton said.
CBS 2 spoke to Burton's cousin at the time of the accident.
"She opened her eyes and she's with my hand today, so that's an improvement right there," said her cousin.
Burton's mom, Shawanda Cross, survived the initial crash but died a few days later. In the wake of the accident, families received a settlement from Salvation Army. In Burton's name, over $5 million.
Burton was deemed mentally unfit to manage her own funds as a child. At 25, she's still fighting the limited guardianship over her estate against guardian Fifth Third Bank.
"They appointed guardian to take over some of her financial situation but she still has control of others," said CBS 2 legal analyst Irv Miller. "She can have a checking account and things like that, but the guardian of the state overlooks what she does with most of her money."
That means she receives an allowance from the bank.
Burton cannot enter into any contract without a judge's approval. She cant move to a different apartment, she can't even sign up for a cell phone plan.
Burton pays the bank's legal fees and management fees totaling thousands of dollars.
"It's kind of frustrating when he might need clothes or he might need extra pampers or formula. I have to go through them if I don't have the appropriate funds at that moment," Burton said.
"I think it's time for her guardianship to be terminated."
Burton and her attorney Max Elliot have organized independent mental evaluations both doctors deeming her fit to manage her money.
A third, court appointed doctor, disagreed. Fifth Third Bank would not comment on this specific case.
"I just want to be an adult, be a regular adult, and live my life. Without having to answer to someone about what I would do and if it is or isn't in the courts plans for me to fulfill what I'm trying to fulfil," Burton said.
At their latest Zoom court hearing, the judge would not dissolve the limited guardianship. She set another court date for May.
Burton said she really wants to move to northwest Indiana and have a yard for her new son, but nothing can happen without the judge's approval.
