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

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US-00581BG
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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

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.

The Uniform Gift to Minors Act (UGMA) was created to provide a means by which title to property could be passed to minors by use of a custodian. The nature of property which could be transferred under the UGMA was limited to securities, cash or other personal property.

The term Uniform Transfers to Minors Act (UTMA) refers to a law that allows a minor to receive gifts without the aid of a guardian or trustee. Gifts can include money, patents, royalties, real estate, and fine art.

Generally, the UTMA account transfers to the beneficiary when they become a legal adult, which is usually age 18 or 21, but it can be later. The age of adulthood may be defined differently for custodial accounts, like UTMAs or 529 plans, depending on your state.

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.

Key benefits of an UGMA/UTMA Unlike college savings plans, there is no penalty if account assets aren't used to pay for college. Once the minor reaches adulthood, the money is turned over to the minor and the minor will have full control of the assets and can use them for any purpose?educational or otherwise.

A Uniform Gifts to Minors Act (UGMA) or Uniform Transfers to Minors Act (UTMA) account is an account into which property is set aside for a minor's benefit. Whether a UGMA or UTMA account is used depends on the law of the state in which the account is established.

Depending on the state a UTMA account is handed over to a child when they reach either age 18 or age 21. In some jurisdictions, at age 18 a UTMA account can only be handed over with the custodian's permission, and at 21 is transferred automatically.

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