Legal Question in Wills and Trusts in California

changing age from 18 to 21 on a Ca Utma

My father ( custodian on accts.)set

up an Utma about 12 years ago for

our daughter & son with them taking

control at the age of 18. Our son did

get control of his acct. but 11

months prior to our daughter turning

18, Grandpa changed accts. from

Schwab's to Fidelity & changed the

age to 21 on our daughters acct. This

acct. is under her SS# & has been all

along. Is this legal & if not what can

be done?


Asked on 2/06/09, 11:21 am

1 Answer from Attorneys

Michele Cusack Pollak & Cusack

Re: changing age from 18 to 21 on a Ca Utma

Your question aroused my curiosity, so I went and read the statute (Probate Code Sections 3900 to 3925). UTMA custodianship ccounts can be set up to terminate at 18, 21 even in some cases at 25, but my reading of the statute is that the terms cannot be changed after the original "transfer" is made. However, 18 is young to have control over any substantial amount of $$, and Grandpa can make earlier distributions for your daughter's education, so I suggest that you start by requesting him to do that rather than antagonizing him by challenging the legality of his action.

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Answered on 2/07/09, 3:43 pm


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