Legal Question in Investment Law in California

UTMA accounts

Can a utma account be established

giving the custodian discretion to

choose at what age the child

controls the funds?


Asked on 7/06/07, 11:27 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: UTMA accounts

Yes. The law allows for custodianship to end and transfer to the "minor" to occur at an age greater than 18 under certain conditions, which must be followed at the time the property is transferred, not as an afterthought when the minor is 17 years and 11 months!

The provisions are in the UTMA. In California, the UTMA is codified as sections 3900 to 3925 of the Probate Code, and the provisions for later termination of custodianship are spelled out in sections 3920 and 3920.5. It appears that 25 is the oldest age permissible.

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Answered on 7/06/07, 1:02 pm


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