How to Undo a UTMA - Part II (2024)

How to Undo a UTMA - Part II (1)

The last article discussed some common reasons people have for wanting to dissolve a Uniform Transfers to Minors Act (UTMA) account set up in the past for their kids. Unfortunately, a UTMA is an irrevocable account and legally belongs to your child. This means you cannot simply terminate it like you would aliving trust or your own accounts. The money technically belongs to your child and your child does not have the legal right to do anything with it (including give it all back to you) until he or she reaches the age of majority, which is 18 in the state of California.

Nevertheless, if you feel that setting up a UTMA was a big mistake, there are some ways to mitigate it. The options listed below are in no way exhaustive and, in any event, it is important todiscuss this matter with an estate planning attorney to make sure you don’t create even larger problems along the way.

  • Simply shut down the account. Although this gives your child the legal right to sue for his money back someday, it may be a good course of action in certain circ*mstances. Imagine a father puts in $400 in a UTMA account that is intended for his son’s college tuition. Soon after, however, he realizes that a UTMA is not the best way to give financial assistance to his son for college. He instead withdraws the money from the UTMA account and places it instead in a 529 plan. In this instance, it is extremely unlikely that the son would sue his father for withdrawing the funds from the UTMA and shutting the account down, especially since the funds were eventually given to the son for his benefit, anyway.
  • Transfer the money to a trust. A variation on the option above is to transfer the money from the UTMA into atrust for the child. If there is a substantial amount of money in the UTMA (as in tens of thousands of dollars), then a parent may realize that his 18-year-old daughter is not capable of handling that sum wisely for her college tuition, as was intended. Attempting to transfer money from a UTMA to a trust requires high legal expertise, so consulting anestate planning attorney is critical. However, having a good trust set up is well worth the cost and is probably what should have been done in the first place.
  • Substitute spending. Since a custodian may spend the UTMA funds “for the use and benefit of the minor,” a parent, as the custodian, may chip away at the funds and spend it down to a level that relieves whatever problems the account was causing. It may be a tricky issue to figure out what things fall into the “use and benefit” category, so again, consulting legal advice is critical.


If you have further questions about UTMAs or the best way to provide for your child through estate planning,contact Hannah Sargent, Alameda County probate and estate planning attorney today for a free consultation.

How to Undo a UTMA - Part II (2024)

FAQs

Can you revoke UTMA? ›

The UTMA account belongs to the child, and the funds are irrevocable. You cannot close a UTMA account like your own account or a living trust.

Can you take back money from an UTMA? ›

No, a parent cannot take money out of a UTMA account. The assets remain under the control of the custodian until the minor reaches the majority age. At that time, all remaining funds in the account are turned over to the beneficiary, free from further court supervision or management.

Can I cancel a custodial account? ›

Option 3: If you'd like to close the account and request a check for the funds. Complete the Custodial Account Beneficiary Distribution Form. Note: With this option, you may be subject to tax on capital gains.

Can you change the custodian on a UTMA account? ›

If appointing a new custodian, the signature of the previous custodian, a death certifcate, or an offcial court document must be provided. If the former minor's legal name has changed, please provide the previous and new names where indicated.

Are UTMA accounts revocable? ›

Gifts made to UTMA accounts are irrevocable, so you can't change your mind and take them back. The custodian of the account, who may be the same person who created it or another adult relative, is required to manage it in the minor's interest.

How do I withdraw from a custodial account? ›

Gifts are irrevocable: Contributions to a custodial account are considered irrevocable—meaning you can't get that money back—and funds can be withdrawn by the custodian only to pay for expenses that would directly benefit the child before the age of majority.

Who pays taxes on UTMA withdrawal? ›

Although the custodian in these accounts invests and manages the account, only the minor can use or benefit from it — the account and assets within are irrevocable and considered property of the minor. This means that the minor is also responsible for paying taxes on any investment income earned.

Can you move money from a UTMA to a trust? ›

Arguably, in states that have adopted the Act without any or any significant changes to the model language (including, for example, Georgia, Alabama, and Florida), no specific legal barrier exists under the Act that would prevent the custodian from transferring property from the UTMA custodial account to a separate ...

Can you use UTMA funds to buy a car? ›

What Expenditures Are Proper? 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.

What are the disadvantages of a UTMA account? ›

Cons
  • Greater impact on financial aid. Because they're held in the name of the child, UTMA/UGMA accounts hurt financial aid eligibility more than comparable 529 plans.
  • Money becomes the child's at majority. ...
  • Transfers are irrevocable.
Mar 31, 2023

What is the age of termination for UTMA? ›

Generally, transfers into a UGMA or UTMA account cannot be revoked; the transferred assets belong to the minor whose name is on the account. However, the custodian of the account oversees it until the minor gets to a certain age. The age varies by state, but it's normally 18 or 21.

Can a 18 year old withdraw from a custodial account? ›

In the case of Coverdell plans, withdrawals can only be made for the purposes of K-12 and higher education expenses. If you are the beneficiary of the custodial account, you can withdraw funds once you legally become an adult.

Can an UTMA account have two custodians? ›

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.

Who controls a UTMA account? ›

A UTMA account allows the gift giver or an appointed custodian to manage the minor's account until the latter is of age.

Who owns the assets in a UTMA account? ›

Generally, when UTMA or UGMA accounts (UTMA/UGMA Accounts) are established, the beneficiary (a minor) becomes the owner of the property at the time of the gift; however, the custodian manages and invests the property on the beneficiary's behalf until the beneficiary reaches the age of majority, at which point the ...

Can parents withdraw from custodial account? ›

As the custodian, you can withdraw money from a custodial account if you need to use it to pay for something that will benefit the minor. You can't take the money back yourself, or give it to someone else.

Can you change an UTMA to a trust? ›

An option might be to transfer the funds from an existing custodial account into a trust for the benefit of the minor or young adult, such that the recipient does not receive a significant lump sum until a later age, such as age 25 or 30 or beyond.

Can a custodial account be changed? ›

Can I change my mind and take back assets after I've set up a custodial account? No. Money and assets deposited into a custodial account immediately and irrevocably become the property of the child. In other words, you can't take the assets back or give the assets to someone else.

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