Introduction
“Custodial” account refers to an account established for
a minor under the Uniform Gift to Minors Act of 1956, which was changed
to the Uniform Transfer to Minors Act in 1986. It can be used to save
for college, and it is a mechanism by which a minor can be the beneficiary
of assets without the expensive and cumbersome process of establishing
a trust. Trusts are more flexible—they can be tailored to your
objectives—so their cost is justified at some point, probably
when the gift is somewhere in the tens of thousands.
The custodian manages the account, its investments, the payment of
taxes, and withdrawals for the minor’s use, but the minor owns
the assets. When a gift is made to a custodian account, it is irrevocable.
Taxes are determined according to the child’s tax liability.
When the child becomes a major, the account will be in his/her name,
and the assets are theirs to do with as they please. Age of majority
is determined by the state law under which the account was open. Some
states allow specifying an older age at the time the account is opened.
I encourage doing this if you can, as an 18-year-old may use their
new-found wealth unwisely.
Linda Stewart for www.fizone.com
March 2003
The
Beneficiary
The beneficiary is also the owner of the account, even if only a baby.
That is the real purpose of a custodial account: it allows a child to
own stock and other assets, and it allows the transfer of property to
a child. This is also the disadvantage of such an account: when the
beneficiary is no longer a minor, the custodian no longer has any control
over the assets.