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Designating A Successor Custodian For A Minor

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Question: 
If the Custodian of a Minor account dies and there is no designated successor custodian, and the minor is still under the age of majority, how is a custodian named in this case?
Answer: 

My response is based on the Massachusetts version of the Uniform Transfers to Minors Act.

If the minor is at least 14 years old, the minor may designate as successor custodian an adult member of the minor's family (other than the original transferor), a guardian of the minor, or a trust company.

If the minor is under 14 or fails to act in 60 days after the custodianship became vacant, the minor's guardian succeeds. If there is no guardian, or the guardian declines to act, the transferor, the legal representative of the transferor or of the custodian, any adult member of the minor's family, or any other interested person may petition the [Probate] court to designate the successor custodian. [MGL Ch. 201A, Section 18(d)].

First published on BankersOnline.com 8/12/02

First published on 08/12/2002

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