Legal Question in Wills and Trusts in Michigan
UGMA violation
Sam's grandmother established and was custodian of a UGMA for him. After Sam's parents divorced grandma took the money out of the Sam's name and ss# and gave it to her son (Sam's father). The father now claims that he has been spending the money over the last 7 years ($23,000 in 2000) on Sam for cell phone costs, vacations, sports etc. Isn't this a violation of the UGMA and can I bring suit to reclaim this lost money? Sam is now 16. The father has an income of $100,000 a year and it seems incredible that he could have spent this money on Sam, especially since the father does not have physical custody of the Sam.
Thanks for ideas.
1 Answer from Attorneys
Re: UGMA violation
If the grandmother still had control over the money it was her's to control. If she withdrew it and gave it to dad, it becomes dad's money, not son's.
I don't see any issues here. Sorry.
Tim Klisz www.kliszlaw.com