Skip to content
BOL Conferences
Thread Options Tools
#498220 - 02/13/06 06:46 PM Right to offset
Lora Lea Offline
New Poster
Joined: Mar 2004
Posts: 17
Can you offset against an UTMA account in a situation where the owner of the UTMA funds is the person you need to offset for?

Return to Top
General Discussion
#498221 - 02/13/06 08:39 PM Re: Right to offset
rainman Offline
Power Poster
rainman
Joined: Nov 2004
Posts: 3,238
The minor is the real "owner" of the UTMA funds. You should not offset those funds against a debt owed by the custodian. If the debt is owed by the minor, you at least have a continuity of interest between the debt you owe (deposit) and the debt you are owed. It still may not be a good idea to offset, depending on the circumstances.
_________________________
Nobody's perfect, not even a perfect stranger.

Return to Top
#498222 - 02/13/06 10:29 PM Re: Right to offset
John Burnett Offline
10K Club
John Burnett
Joined: Oct 2000
Posts: 40,086
Cape Cod
I'm not an attorney, but I don't think you can offset an UTMA against a debt owed by the minor, either, because the minor does not have withdrawal rights to the UTMA account.
_________________________
John S. Burnett
BankersOnline.com
Fighting for Compliance since 1976
Bankers' Threads User #8

Return to Top
#498223 - 02/14/06 02:04 PM Re: Right to offset
Lora Lea Offline
New Poster
Joined: Mar 2004
Posts: 17
Thanks. That's what I thought. Just wanted a second opinion.

Return to Top