UTMA, Generally
Pennsylvania's
Uniform Transfers to Minors Act allows individuals to give property to
minors, while restricting the minor's access to that property.
UTMA accounts are frequently used
when a child is not mature enough to manage the gift independently, but the
property value is not considered significant enough to justify a trust.
UTMA accounts are created by transferring any type of property to an
individual "as custodian for (the
minor) under the Pennsylvania Uniform Transfers to Minors Act." This
language must be used to create the account and, once created, the property
belongs to minor and cannot be revoked. Although the property belongs to the
minor, he or she does not have the ability to use it until reaching the
specified ending age.
Although the minor's access is restricted, the account custodian is
permitted to use the property for the minor's benefit. The custodian's
duties and authority are similar to those of a trustee, such as the
authority to invest or re-invest the property. Unlike a typical trustee, the
custodian is not required to provide regular accountings to the court
showing all property activity. However, the custodian is still required to
maintain accurate records of all activity.
Also unlike trusts, individual UTMA accounts are only permitted to have one
beneficiary, but all of the property of one minor may be combined into a
single account.
See: UTMA, Ending Age
