Legal Question in Wills and Trusts in Illinois

My son has a custodial UTMA account in Illinois. He turned 21 over six months ago (the age required in this case) and requested his money right away from the custodian who is a lawyer, and who knows him. My son sent this lawyer a signed notarized document from a banker where the account is held verifying his identity and age with multiple forms of I.D., along with a copy of his driver's license. He also opened a checking account in the same bank and his identity was matched by the banker to the UTMA account being held in his name. But the lawyer refuses to give my son his money unless my son meets this lawyer at the bank in person. My son does not feel comfortable doing this because this lawyer is a relative and there has been many problems between our family and this lawyer. My son feels the notarized document of his age and identity by the banker should be valid legal proof of his age and identity and that he should be given his money. If my son lived out of state he would not be able to meet in person, so this cannot be a valid requirement. And yet it is over six months since he turned 21 and he is not getting his money. How does he get this lawyer to turn over his UTMA account to him (without going to court)?


Asked on 9/06/15, 11:11 pm

1 Answer from Attorneys
Steve Raminiak Law Offices of Steve Raminiak, P.C.

If I was the lawyer, I would want to meet with the 21 year old personally to make sure that I am giving money directly to the 21 year old and not to someone who might be manipulating the 21 year old. Also, if I was the lawyer, I would also want to talk to the 21 year old about the fact that when young people possess a lot of money, others come out of the woodwork to try to manipulate them and how the 21 year old might consider setting up a Trust to hold the money for him until he gets a little older (e.g, 25 or 30). I do not think that this lawyer is making an unusual or inappropriate request, particularly considering that the lawyer wants to meet at the bank, and since it would not be difficult for the 21 year old to do so. Your son would very likely be welcome to bring his own lawyer to that meeting, if he would prefer that.

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Answered on 9/08/15, 10:57 am


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