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#4137 - 12/05/04 07:12 AM UTMA Account
Anonymous
Unregistered


I'm having a problem with s UTMA acccount. I established an account for my minor daughter with an initial deposit of $20 about two years ago.

Shortly thereafter, my parents both died, and left my daughter some money, so I contacted the (out of state) bank to have it transfered to my daughters MUTMA (Massachusetts).

They required I get a lawyer to send them our state laws on his letterhead, to validate the account and to make sure they legally perform their required actions in the transfer.

The problem started when the lawyer discovered the sum was $30,000.

Suddenly, he informed me that a considerable amount of more tme was necessary to "properly" insure the out-of-state bank and Massachusetts were doing the right thing.

Instead of just quoting the law for the out-of-state bank (which was our agreement for which he was paid in advance) it became a "case".

He informed me that we "might have to goto court" over this simple bank-transfer, and that it would cost me more money.

Can he attach or withdraw funds from my daughters inheritance (to pay for the "additional work necessary")??

He was paid an agreed sum in advance, but as soon as he discovered the amount of the transfer, he started calling out-of-state to the other bank, getting other people in the out-of-state bank involved, quoting archaic laws that even he admits may not be pertinent, and stretching out what was a simple 1 or 2 hour job into what is now a month-long excessive amount of work, and I'm becoming of the opinion that he wants part of my daughters inheritance.

Last week he started moralizing on how "he" wants to see that no-one can touch the money, and "he" wants to make sure of that before he responds to the out-of-state bank, (all they're waiting for to finish the transfer)is the state laws to be sent to them, which he hasn't done in a month yet...

I'm a single parent, and have already been to court and recieved full legal custodianship when she was 2 months old, and there are no other problems that I can forsee, but suddenly this simple bank-transfer has become a "case", and is going to "cost me more money".

As an outside opinion, does it look like I have a problem (with the lawyer) ??

Thank you....

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#4138 - 12/05/04 09:03 PM Re: UTMA Account
HRH Dawnie Offline
Power Poster

Registered: 08/12/02
Posts: 7292
Loc: Anchorage Alaska
((As an outside opinion, does it look like I have a problem (with the lawyer) ?? ))

Yes Maybe. Your contract with the attorney will specify what he can and can't be paid for and how he can attach funds. It's important that you read that to determine if he can attach any of the inheritance.

If I'm reading this correctly, you had an UTMA (Uniform Transfer to Minors Act) account set up by your parents for your daughter? You want to transfer them to the same type of account in your state.

If there isn't an inheritance issue involved, I don't see the need for the attorney. You have to be concerned with tax issues if there is an inheritance, and I can see the bank wanting the state rules if theirs are different, maybe, but other than that...I don't see the issue. If the funds were in the account PRIOR to the deaths...you should be able to show yourself as the guardian or custodian of the funds and move them as you wish.

I'd call the bank you're wanting to deal with and get to the bottom of what the issue is. IF it's not on their side, find out if it's an inheritance issues, and make the attorney explain it to you better than you seem to have now. I'm hoping you're just missing an important part of the puzzle and not dealing with an attorney who is difficult. Sometimes they forget to talk in english for all of us to understand
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Dawn Coursey VP/CRA Queen CRA Rating is in...Once again...OUTSTANDING Woo Hoo

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