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If the custodian is the custodian or successor of the UGTMA in the event of the custodians death - yes by definition that is the custodians responsibility. If the custodian is, for example, the custodian of the estate of the adult who had custodial control of the UGTMA account the situation is different. A successor trustee is normally required when setting up the custodial account. If so, that successor custodian as named in the UGTMA account would have those powers. In this example, if the successor custodian is different on the UGTMA account than the custodian or trustee of the estate, the UGTMA account successor custodian would take precedence. Remember, the assets are in the minors estate not the custodians.
What else can I help you with?
Cam a parent deed their home to a minor child?
No, they cannot deed property to a minor. They can deed the property to a trust on behalf of the minor. Consult an attorney in your jurisdiction for specifics.
How do you identify that parent suing on behalf of a minor?
John Doe on behalf of the minor John Doe, Jr. Or John Doe as guardian of the minor John Doe, Jr.
Can a parent legally sign a contract on behalf of a minor?
Yes, a parent can legally sign a contract on behalf of a minor in most cases.
Can pro se file on behalf of children?
There is a status called "next friend" that is used by adults to act on behalf of a minor. Special attorney ad litem rules and statutes may apply. In this situation especially, retain the services of an attorney at law rather than proceed pro se in order to avoid prejudicing the child's rights.
How do you sign for someone else in their absence?
Legally, you can only sign on behalf of another person if you have been granted power of attorney for that person, or if that other person is a minor and you are that person's parent or guardian.
Can a non custodial parent give Power of Attorney over 2 minor children to a live in girlfriend to make decisions on behalf of the minor children with out the custodial parents knowledge?
It depends where you live and what the Family Laws has to say about it, better consult your Lawyer.
Can parents cash a check on behalf of a minor?
Yes, they can.
How do you start your own bank account at the age of 12?
In most cases (depending on local laws), minors are not able to hold their own bank accounts. Some banks may offer minor savings or teen accounts that are co-owned by a responsible adult or have a designated custodian who can transact on behalf of the minor. You should check with your parents/guardians who can get more information from a nearby bank for you.
Can a minor sue another minor?
Yes, a minor can sue another minor, but they may need a legal guardian or representative to act on their behalf in the legal proceedings.
Can a minors parent contest will?
Yes, a minor's parent can contest a will on behalf of the minor if they believe the will adversely affects the minor's inheritance rights or if there are grounds such as undue influence, lack of capacity, or improper execution. The parent would typically act as the guardian or representative of the minor in such legal matters. The specific laws and procedures can vary by jurisdiction, so it's important for the parent to consult with an attorney familiar with estate law in their area.
Is the power of attorney for a minor financially responsible for the minor?
No; however, the law expects the PoA to act in the minor's best interests.
Is there any mimimum age at which you are entitled to sue?
Persons under 18 are not recognized by the law. Therefore, in order to sue or be sued, a person under 18 needs a "next of friend" or a conservator or an adult who will stand in the minor person's shoes and act on their behalf. This adult will need an attorney and will not act as a witness instead of the minor person.
