Skip to content
BOL Conferences
Learn More - Click Here!

Thread Options
#2113591 - 01/09/17 10:53 PM WUTMA custodian wants to open an account
Bec Offline
Diamond Poster
Bec
Joined: Jul 2010
Posts: 1,115
The Great White North
We have a custodian of a WUTMA account where the beneficiary has reached the age of majority. The custodian would like to close the WUTMA account and open an account in just their name (the custodian) using the funds. My thought is, if the custodian would like to close this account, we would issue a check titled exactly how the account is titled. The custodian would be able to open another WUTMA account I suppose with that check, but they would not be able to open an account in just their name unless the beneficiary signed off on that. Otherwise, the custodian should endorse the check as the custodian and hand it over to the beneficiary. Am I right on this? The custodian opening up their own account with the funds seems against the spirit and intent of what the WUTMA account is for.
_________________________
Go Packers

Return to Top
#2113597 - 01/09/17 11:24 PM Re: WUTMA custodian wants to open an account Bec
rlcarey Offline
10K Club
rlcarey
Joined: Jul 2001
Posts: 83,371
Galveston, TX
54.892  Termination of custodianship. The custodian shall transfer in an appropriate manner the custodial property to the minor or to the minor's estate upon the earlier of:

(1) The minor's attainment of 21 years of age with respect to custodial property transferred under s. 54.860 or 54.862;

(2) The minor's attainment of 18 years of age with respect to custodial property transferred under s. 54.864 or 54.866; or

(3) The minor's death.

You are correct and the bank should stay out of the middle of this.
_________________________
The opinions expressed here should not be construed to be those of my employer: PPDocs.com

Return to Top
#2113608 - 01/10/17 01:35 PM Re: WUTMA custodian wants to open an account Bec
John Burnett Offline
10K Club
John Burnett
Joined: Oct 2000
Posts: 40,086
Cape Cod
And part of staying out of the middle of it is to realize that the custodian cannot open another WUTMA account on behalf of the same beneficiary. The basis for UTMA laws is that the beneficial owner of the funds is a minor. You already know that the "minor" has reached the age of majority.
_________________________
John S. Burnett
BankersOnline.com
Fighting for Compliance since 1976
Bankers' Threads User #8

Return to Top
#2114406 - 01/17/17 06:52 PM Re: WUTMA custodian wants to open an account Bec
Bec Offline
Diamond Poster
Bec
Joined: Jul 2010
Posts: 1,115
The Great White North
Thank you both for your help with this. It is much appreciated.
_________________________
Go Packers

Return to Top