By Mary Randolph
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Additional resources for 8 Ways to Avoid Probate 7th Edition
But Tyler is just nine years old. So Alice decides to name Tyler’s mother, Susan, as custodian of the money in the account. D. ” If Tyler is not yet 21 when his grandmother dies, Susan will be legally in charge of the money until Tyler’s 21st birthday. 24 | 8 Ways to Avoid Probate Age at Which an UTMA Custodianship Ends Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Delaware District of Columbia Florida Georgia 21 18 to 25* 21 18 to 21* 18 to 25* 21 21 21 21 18 to 21* 21 21 Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota 21 21 21 21 21 21 18 18 18 to 21* 21 21 18 to 21* 21 Oklahoma Oregon Pennsylvania Rhode Island South Dakota Tennessee Texas Utah Virginia Washington West Virginia Wisconsin Wyoming Ohio 21 21 21 21 18 to 25* 21 18 to 21* 21 21 18 to 21* 21 21 18 to 21* 21 to 25* 21 to 25* 21 18 21 to 25* 21 21 18 to 21* 21 21 21 21 *The person who sets up the custodianship can designate the age, within these limits, at which the custodianship ends and the beneficiary inherits the money outright.
And your spouse does not have any right to your separate property—money you deposited before you were married, or money that you alone inherited or received as a gift—unless that money has been mixed with community property in a bank account and is impossible to separate. D. beneficiary for the whole account, it’s a good idea to get your spouse’s written consent. Otherwise, your spouse could assert a claim to half of the money in the account at your death, leaving the beneficiary you named with only half.
D. bank account may be subject to the claims of creditors or your family after your death. D. beneficiary turn over some or all of the funds so that creditors can be paid. If you specifically pledged the account as collateral for a debt, the creditor is entitled to (and doubtless will) claim repayment directly from the funds in the account. D. payee gets whatever, if anything, is left. Spouses’ Rights in Community Property States If you live in a community property state, your spouse (or in California, your registered domestic partner) probably already owns half of whatever you have in a bank account, even if the account is in your name only.