Mississippi Designation of Successor Custodian by Donor Pursuant to the Uniform Transfers to Minors Act

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Multi-State
Control #:
US-00581BG
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Word; 
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Description

A custodian appointed pursuant to the Uniform Transfers to Minors Act may designate a successor by executing and dating an instrument of designation. Such execution and dating must be done before a subscribing witness other than the successor custodian.

How to fill out Designation Of Successor Custodian By Donor Pursuant To The Uniform Transfers To Minors Act?

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FAQ

Form used to designate a successor custodian for either an UGMA or UTMA account in the event that the original custodian resigns, dies, is incapacitated or is removed as custodian.

UNIFORM GIFTS TO MINORS ACT The UGMA is sometimes called the Uniform Transfers to Minors Act. The donee automatically receives control of the assets when he/she reaches the age of majority established by state law (age 21 in Mississippi).

If a donor acting as the custodian dies before the account terminates, the account value will be included in the donor's estate for estate tax purposes. If a minor dies before the age of majority, a custodial account is considered part of the minor's estate and is distributed ing to state law.

Once the minor on a UGMA/UTMA account reaches the applicable state's age of termination, the custodian or the former minor may transfer the shares in the account(s) to the former minor's sole name. Instructions are acceptable from either the custodian or the former minor.

It may require a court order to a new custodian. Most state statutes, however, allow a personal representative or trustee to name a successor custodian.

The custodian is responsible for managing the UTMA account and any of its investments, similar to how a trustee manages a trust. The custodian can be the donor (the person who opened or donated to the account), another adult (like a grandparent), or a financial institution.

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.

A custodial account is generally created by a parent or grandparent for the benefit of a minor child or grandchild. When you put money into a custodial account, you make a gift to the minor beneficiary of the account, even though the minor does not control the account.

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Mississippi Designation of Successor Custodian by Donor Pursuant to the Uniform Transfers to Minors Act