Florida Designation of Successor Custodian by Donor Pursuant to the Uniform Transfers to Minors Act

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Multi-State
Control #:
US-00581BG
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Word; 
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Description

A custodian appointed pursuant to the Uniform Transfers to Minors Act may designate a successor by executing and dating an instrument of designation. Such execution and dating must be done before a subscribing witness other than the successor custodian.

How to fill out Designation Of Successor Custodian By Donor Pursuant To The Uniform Transfers To Minors Act?

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FAQ

The custodian is responsible for managing the UTMA account and any of its investments, similar to how a trustee manages a trust. The custodian can be the donor (the person who opened or donated to the account), another adult (like a grandparent), or a financial institution.

If a donor acting as the custodian dies before the account terminates, the account value will be included in the donor's estate for estate tax purposes. If a minor dies before the age of majority, a custodial account is considered part of the minor's estate and is distributed ing to state law.

If a minor has reached the age of twenty-one (21) and seeks to withdraw the funds from the UTMA account of which he/she is the beneficiary, the minor must contact the custodian, as the custodian is the only person authorized to make withdrawals or close the account.

A custodial account is generally created by a parent or grandparent for the benefit of a minor child or grandchild. When you put money into a custodial account, you make a gift to the minor beneficiary of the account, even though the minor does not control the account.

A custodial account is a means by which an adult can open a savings account for a child. The adult who opens the account is responsible for managing it, including making investment decisions, and deciding how the money is to be used, so long as it benefits the child in some way.

A custodian must open the account and manage the assets on behalf of the minor, but the assets in the account are the property of the minor. Custodians are typically parents, but technically can be anyone. Only one custodian and minor are allowed per custodial account.

UTMA allows the property to be gifted to a minor without establishing a formal trust. The donor or a custodian manages the property for the minor's benefit until the minor reaches a certain age. Once the child reaches a specified age set by the state, the child will have full control over the property.

Under the UTMA, the minor is precluded from making any withdrawals until reaching the age of 21, not 18. Once the minor has reached the age of 21, the custodian should transfer ownership of the account to the minor.

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Florida Designation of Successor Custodian by Donor Pursuant to the Uniform Transfers to Minors Act