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  1. #1

    Default UTMA Account

    My question involves a banking matter in the State of: Virginia

    This is very long and detailed, sorry in advance. Hopefully the situation is not to complex and thank you to any responses in advance.

    I am the minor in an UTMA account, and my mother is the custodian. The money was originally invested in mutual funds in an account that was titled as an UTMA and my mother is the custodian of it for me, till 18.

    Last year she had the money moved to another firm in a new account, and invested in something else (I am not sure what she had the money invested in). This new account does not have my name on it, and is not an UTMA as far as I know. It only has her name on the account. She is very good friends with a man that works in this firm, and I had found the fax transcript to him where she requested to have the money moved to his firm for her daughters benefit.

    Shortly after moving the money she took out $1000 and put into her checkings. I was not living with her at this time, and have not been since before she moved the money to the other firm. I do not believe she used this money for my benefit, since we are estranged and have been through out all of this.

    The account that the money was originally in, the UTMA account, is still there and she continues to get statements, but it has $0 in it.

    The statements from both accounts match up and show when the money was moved, so not only did the fax transcript confirm this, but so do the statements.

    I had found out all of this information when she was recently hospitalized and I had brought her mail, paperwork, taxes, etc.

    My mother had said to me that I would not get the money, even though I understand that UTMA says that I have a legal right to it at 18 or 21, and in my case would be 18. Also she so easily took money out of the account and did as she pleased with it.

    So my concern is that she will not transfer the money in the other firm to me, and that she will give me the original UTMA account that has $0 in it and she will say that she followed the law. Because her friend is the one managing the money in the account with her name on it, I'm afraid he will work with her to make sure I don't get the money.

    If this is how things happen, which I am pretty sure it will, will she have broken the law? Would there be anything I could do about it? What would be the best course of action so that I receive the money?

    I am not normally a greedy person, but I'm currently receiving a lot of financial aid from the government because of my financial situation, and I have a baby due any time now! So I am willing to do extra work to make sure I get this money, since my understanding is that it is legally mine when I am 18.

  2. #2
    Join Date
    Jan 2008
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    Toledo, OH
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    Default Re: Utma Account

    If this is how things happen, which I am pretty sure it will, will she have broken the law?
    Possibly. It depends on how the money was used. If she used any of the money for your support (and can show it), it is considered proper use of the account.

    Would there be anything I could do about it?
    You would want to discuss the situation (and take along documentation) with an attorney to determine if suit would be appropriate. You can read a bit more here.

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