CONTENT
  DEPARTMENTS



  DETAILS
Legend for Icons
 Article    Q&A

 Podcast  Video

 Blog  Discussions

PDF    Powerpoint
BankingQuestions.com Web


New Reply
Topic Options
#11733 - 11/05/06 02:52 PM UTMA
Anonymous
Unregistered


Hey--

My question is about a CD that was set up under UTMA. The account was set up in West Virginia, but I live in Kentucky. As far as why my dad set it up in that state, I have no idea.

Anyway, on to the point. The account has just short of $14,000. I am 19 years old and from all research that i've been able to find, I am supposed to have this money transferred to me, as of my 18th birthday.

I do not have access to this money. My dad refuses to give it to me and the bank said I would have to have some type of legal action to get it.

I spoke to an attorney and he said that he thinks he'd be able to get me the money but he also informed me of what he would charge and it's a LARGE chunk of the money i'd be getting.

I know that I can petition the court to have the custodian removed from the account, but is there any way that I can do this process without the attorney?

Is there some form that I can file or something to avoid the legal fees.

From what i've been told, the bank shouldn't have a problem transferring me the money just by my asking, but they say they can't.

Any comments or suggestions would be GREATLY appreciated.

-Richie Rich

Top Reply Quote Quick Reply Quick Quote
#11734 - 11/06/06 11:58 AM Re: UTMA
John Burnett Administrator Offline
Compliance is my life

Registered: 10/27/00
Posts: 12642
West Virginia law (section 36-7-20 of the West Virginia Code) calls for the surrender of UTMA custodial property at age 18 or age 21, depending on how the funds were transferred to the UTMA custodianship.

If you are able to determine the circumstances under which the funds were placed into the custodianship, you may be able to see whether you are, in fact, entitled to the surrender of those funds before you are 21.

If you are, a West Virginia court may be able to assist you in filing a petition that, if approved by the court, would require the custodian to surrender the funds to you, or the financial institution to do so.

Most states have county legal aid offices that may be able to provide you with assistance at a lower cost.

Good luck!

Top Reply Quote Quick Reply Quick Quote

Quick Reply:
HTML is disabled
UBBCode is enabled