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