Legal Question in Wills and Trusts in California

can a utma be cashed out at age i8 if the custodian dies and there is no successor custodian?


Asked on 5/31/11, 4:37 pm

1 Answer from Attorneys

Michael Weinstein Law Office of Michael R. Weinstein

The simple answer to your question is "yes, maybe" Probate Code sections3900-3925 provide for the designation a custodian to virtually any type of property for a minor until he or she reaches the age of majority (18 years) wtih certain exceptions. Those exceptions are where the donor has specified that distribution is to be "delayed" to a later time (may be delayed to 21 for a lifetime gift or to age 25 for a transfer at death). See Probate Code sections 3920 and 3920.5. You need to check the circumstances surrounding the Uniform Transfer to Minors Act gift to find out if any of the exceptions exist. Whichever financial institution holds the assets as a UTMA account will have that information. If the conditions do not exist, the money is yours at age 18.

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Answered on 6/08/11, 12:06 pm


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