when determining the successor to a utma due to death, i already have this question answered, but does it matter who gave the money to set up the account. what im asking ken answered earlier, no successor, custodian died, money was taken by third party instead of being turned over to me, the third part says it was his money that opened the account not my mother's money. does this matter? or should i still be the true successor? even if it was his does he still need to leave it in a trust or can he take it? so confused and frustrated,

Funds deposited to a UTMA account are an irrevocable gift; once they are deposited, they belong to the minor and cannot be reclaimed. Their source is irrelevant. You need a lawyer.

Thank you once again. I am going to an attorney on Monday. I printed the legislation that you gave me the link to, I'm sure this will help a ton. The amount of money is small, it's just the principle that this is for my son, and the parties involved have broken the law. Thanks again. I promise not to post anymore, haha.

Have you contacted the bank? They apparently paid out incorrectly on the UTMA. Perhaps you can get them to rectify the situation without having to pay a lawyer. (Not against lawyers, just married to one!)

I'd agree with Quest. You should go in and talk to a manager. Also, thanks for using the forum Post away!!!

i have talked to the vp of the bank, and their chief compliance officer, they will not budge. i have informed them they have broken the law and they will not budge. i am stuck with the lawyer i guess, i even called the nasd for help, they said to file and abritration. i wish there was another way, i called the man who took the money, and he's not giving it back, he actually had his new wife call and prank my house the other night at 1 am, its ridiculous. please let me know if anyone has another idea.