Kings Transfer of Property under the New York Uniform Transfer to Minor's Act

State:
New York
County:
Kings
Control #:
NY-03255BG
Format:
Word; 
Rich Text
Instant download

Description

Under New York Law, custodial property is created and a transfer is made whenever:


1. An uncertificated security or certificated security in registered form is either:
(i) registered in the name of the transferor, an adult other than the
transferor, or a trust company, followed in substance by the words: "as custodian for (name of minor) under the New York Uniform Transfers to Minors Act"; or

(ii) delivered, if in certificated form, or any document necessary for
the transfer of an uncertificated security is delivered, together with
any necessary endorsement, to an adult other than the transferor or to a trust company, as custodian, accompanied by an instrument in substantially the form set forth in paragraph (b);

2. Money is paid or delivered, or a security held in the name of a broker, financial institution, or its nominee is transferred, to a broker or financial institution for credit to an account in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: "as custodian for (name of minor) under the New York Uniform Transfers to Minors Act";

3. The ownership of a life or endowment insurance policy or annuity
contract is either:

(i) registered with the issuer in the name of the transferor, an adult
other than the transferor, or a trust company, followed in substance by the words: "as custodian for (name of minor) under the New York Uniform Transfers to Minors Act"; or

(ii) assigned in a writing delivered to an adult other than the
transferor, or to a trust company whose name in the assignment is followed in substance by the words: "as custodian for (name of minor) under the New York Uniform Transfers to Minors Act";

4. An irrevocable exercise of a power of appointment or an irrevocable present right to future payment under a contract is the subject of a written notification delivered to the payor, issuer, or other obligor that the right is transferred to the transferor, an adult other than the transferor, or a trust company, whose name in the notification is followed in substance by the words: "as custodian for (name of minor) under the New York Uniform Transfers to Minors Act";

5. An interest in real property is recorded in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: "as custodian for (name of minor) under the New York Uniform Transfers to Minors Act";


6. A certificate of title issued by a department or agency of a state
or of the United States which evidences title to tangible personal
property is either:

(i) issued in the name of the transferor, an adult other than the
transferor, or a trust company, followed in substance by the words: "as custodian for (name of minor) under the New York Uniform Transfers to Minors Act"; or

(ii) delivered to an adult other than the transferor or to a trust
company, endorsed to that person followed in substance by the words: "as custodian for (name of minor) under the New
York Uniform Transfers to Minors Act"; or


7. (a) An interest in any property not described in subparagraphs (1) through (6) is transferred to an adult other than the transferor or to a trust company by a written instrument in substantially the form set forth in paragraph (b).

(b) An instrument in the following form satisfies the requirements of
clause (ii) of subparagraph (1) and subparagraph (7) of paragraph (a)

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FAQ

Gifts can include money, patents, royalties, real estate, and fine art. A UTMA account allows the gift giver or an appointed custodian to manage the minor's account until the latter is of age. It also shields the minor from tax consequences on the gifts, up to a specified value.

The UTMA generally requires the custodian to transfer the custodial property to the minor when the minor reaches the age of 21 (unless the person creating the account, in designating the custodian, elects the age of 18 instead).

If you have a medium to long-term horizon, either a UGMA/UTMA account or a 529 account is usually better than just putting your money in a savings account at a low-interest rate. And don't forget that it is possible to have both a 529 plan AND a UGMA/UTMA account for the same child.

The Uniform Transfers to Minors Act (UTMA) expanded on the Uniform Gifts to Minors Act allowing all kinds of property such as bonds, real estate, and art to be transferred to minors and was adopted by most states. UTMA allows the property to be gifted to a minor without establishing a formal trust.

A UTMA account can hold all kinds of property, including stocks, real estate, cash, bonds, life insurance policies or proceeds and more.

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.

Can I use the account to buy a car for my child? Or to send the child to private school? Yes, you are allowed to use UTMA accounts for items included in a support obligation, regardless of what you read elsewhere.

Investment income and capital gains taxes. The minor does have to pay taxes, as they are the owner of the UTMA account. However, there are some benefits of the account belonging to the child and not the custodian. First, as of 2021, the IRS exempts $1,100 of the account's passive income or gains from taxes each year.

When the minor beneficiary of an UTMA custodial account reaches the age of majority, the custodianship is over, and they get legal control over everything that's in the account. It's important to note that the age of majority is slightly different in each state. In most cases, it's either 18 or 21.

Key Takeaways The Uniform Transfers to Minors Act (UTMA) allows a minor to receive gifts without the aid of a guardian or trustee. The law is an extension of the Uniform Gift to Minors Act. The minor named in the UTMA can avoid tax consequences until they attain legal age for the state in which the account is set up.

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Kings Transfer of Property under the New York Uniform Transfer to Minor's Act