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am i the one to control my son's inheritance

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leelisa

Junior Member
What is the name of your state? pa

My son who is 7 years old has inheritated 80,000 from an old friend of mine. I always believed while he was alive that I was getting the inheritance, it was a shock to me to find it was in my son's name. This friend of mine lived in another state and only met my son once when he was 10 months old. This friend of mine was the vice president of the trust department at the bank the "will" comes from. In the will there is a paragragh that says the following:
I appoint my executor as the guardian of any property, whether principal or income, which vests in a minor by reason of my death and with respect to which I am authorized to appoint a guardian to hold and manage until such minor attains his or her majority, with all the same powers heretofore granted to the executrix in this will or powers granted by law, and authority to use both income and principal for the minor's comfortable support and complete education. Payments may be made to the person having custody of the minor without liability on the part of the guardian or my executrix to see to the application of said payments by the payee.

The wording of all that is confusing to me. I am getting from it that I will get the money and do as I see fit. First question, am I right on that? My second question, being as I mentioned above that my friend was the V.P. of the trust department and knows all the ins and outs of "wills", is it possible he wrote the will this way to avoid taxes or maybe not to upset another one of his family members or even something eles all together?
I would greatly appriciate any answers or comments.
Is there a benefit to put an inheritance in a minors name versus an adult?

I would also like to make it clear that I am not tring to take my son's money or anything like that, I am only tring to figure out what my friends full intention was.
 
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anteater

Senior Member
I read it to mean thay the executor/executrix (the use of both terms in the clause is confusing) will control the property until the minor reaches the age of majority. And the terms governing disbursement of the funds are pretty liberal, but still under the guardian's discretion - note the phrase "Payments may be made..."

Sheer speculation... It could be that the friend wanted to ensure that the inheritance is used solely for the benefit of the minor and that is why there is a thrid party.
 
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CourtClerk

Senior Member
I read it to mean tha the executor/executrix (the use of both terms in the clause is confusing) will control the property until the minor reaches the age of majority. And the terms governing disbursement of the funds are pretty liberal, but still under the guardian's discretion - note the phrase "Payments may be made..."

Sheer speculation... It could be that the friend wanted to ensure that the inheritance is used solely for the benefit of the minor and that is why there is a thrid party.
Agreed. That's the way I read it also. That the third party actually controls the funds.

OP, let me add, you did not inherit, not even by proxy 80K, your child inherited it. Get your hands and your intentions off of that child's money. Your entire posts wreaks to me of someone that is waiting to get their hands on this money to spend it on yourself because you thought you would get it. It's the child's money, not yours and hopefully the executrix/executor of the estate will put that money completely in a trust not to be disbursed until the child reaches the age of majority. Then he can waste it anyway he wants.
 

tranquility

Senior Member
Seems like a trust was created with the ascertainable standard for the child of, "and authority to use both income and principal for the minor's comfortable support and complete education." I think there may be another portion of the will/trust which determined the requirement of distribution at a time before majority. The "may" clause seems to the giving of the funds to the parent (or other custodian) without risk to the executor to make sure the funds were used for the ascertainable standard.

The tax benefits are unclear without a context of all the person's wants, holding and whatnot so I am not going to speculate on that.
 

leelisa

Junior Member
Well it turns out that I called the bank this morning and the lady explained to me that I need to open up an UTMA account with me as the custodian, and that I may use the money to give my son guitar lessons or summer camp, anything that will benefit my son. That makes more sense to me. I need to track where any monies I had taken out went, so that in the future if my son asks why withdrawls were taken, I would be able to show him. Thanks a bunch for your responses!!
 

Dandy Don

Senior Member
You may understand better about making withdrawals, etc. after you are informed about how UTMA accounts are handled, but this money is primarily intended to pay for his college tuition and associated living expenses. You need to inquire about how to make the withdrawals and when--a few hundred dollars at the time when he starts college or can thousands be used to pay his tuition, etc.
 

leelisa

Junior Member
It is not a 529 UTMA account, which there are strict rules on how to withdrawl monies. The account is only a savings account with his name as owner and me as custodian.
 

BlondiePB

Senior Member
Well it turns out that I called the bank this morning and the lady explained to me that I need to open up an UTMA account with me as the custodian, and that I may use the money to give my son guitar lessons or summer camp, anything that will benefit my son. That makes more sense to me. I need to track where any monies I had taken out went, so that in the future if my son asks why withdrawls were taken, I would be able to show him. Thanks a bunch for your responses!!
leelisa, just what exactly does a lady at a bank know about the duties, responsibilities, and liabilities of a guardian of an estate?

The first thing that needs to be determined in all this is whether or not the court HAS, indeed, appointed a guardian of estate for your son. Has this been done?
 

anteater

Senior Member
Or, put another way, how did things get from the wording of the will - "I appoint my executor as the guardian of any property... to use both income and principal for the minor's comfortable support and complete education..." - to an UTMA account with you as custodian?
 

BlondiePB

Senior Member
Or, put another way, how did things get from the wording of the will - "I appoint my executor as the guardian of any property... to use both income and principal for the minor's comfortable support and complete education..." - to an UTMA account with you as custodian?
A will does not appoint a guardian. ;)
 

leelisa

Junior Member
First off let me explain that my friend died 2 1/2 years ago and now the bank is begining to dispurse the monies. The lady I spoke with at the bank is the V.P. that replaced my friend in the trust department and also the executor, executrix. (I think the bank is both) I guess because the wording of the will says " Payments may be made to the person having custody of the minor without liability on the part of the guardian or my executrix to see to the application of said payments by the payee".
I have gone and opened the UTMA account and sent all info. needed back to the other bank. Now I sit and wait for them to wire the money.
 
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BlondiePB

Senior Member
First off let me explain that my friend died 2 1/2 years ago and now the bank is begining to dispurse the monies. The lady I spoke with at the bank is the V.P. that replaced my friend in the trust department and also the executor, executrix. (I think the bank is both) I guess because the wording of the will says " Payments may be made to the person having custody of the minor without liability on the part of the guardian or my executrix to see to the application of said payments by the payee".
I have gone and opened the UTMA account and sent all info. needed back to the other bank. Now I sit and wait for them to wire the money.
leelisa, you are not answering my questions. You've been talking about guardian of estate and a Trustee. You stated the deceased's will specifically stated guardian of the estate and nothing about holding your son's funds "in trust" nominating a trustee (which would be a testamentary trust).


These are two ENTIRELY DIFFERENT things and both have ENTIRELY DIFFERENT obligations. Y'all can't just do what YOU think you can with your son's money. And, y'all can suffer serious ramifications from the court - including embezzelment.

Your son's funds have to be in either a guardianship account or a trust account. Executix is NOT relevent to all this.

What IS relevent is a court order designating a guardian of the estate or a Trustee.

IS THERE A COURT ORDER?
 
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leelisa

Junior Member
Honestly I'm not sure. All I know is that I was told to open the UTMA account.
It seems strange to me too, the way this all going down. My friend was a very smart guy and there must of been some reason he did it this way. Let me make it clear again to all the viewers out there reading these post; I AM NOT TRYING TO TAKE MY SONS MONEY!!! I don't need the money, my husband and I are well off. I was only wondering if anyone heard of monies being distributed this way and if there would be some unknown reason to me or advantage of doing things this way?
 

BlondiePB

Senior Member
Honestly I'm not sure. All I know is that I was told to open the UTMA account.
It seems strange to me too, the way this all going down. My friend was a very smart guy and there must of been some reason he did it this way. Let me make it clear again to all the viewers out there reading these post; I AM NOT TRYING TO TAKE MY SONS MONEY!!! I don't need the money, my husband and I are well off. I was only wondering if anyone heard of monies being distributed this way and if there would be some unknown reason to me or advantage of doing things this way?
If you don't want to be sitting in front of a judge answering his/her questions about misappropriation of funds/embezzelement, do NOT have any money transferred into that UTMA that you opened until you get yourself down to the courthouse (Probate Division) and find out the following information:

1) Did the court appoint a guardian of the estate?

2) Was this a Testamentary Trust? If so, did the court appoint a Trustee of the Testamentary Trust?

Both Guardian of Estate and Testamentary Trusts accounts MUST be handled according to the court and NOT according to a will, unless the court allows so - that will be specified so.

IT DOES NOT MATTER WHAT THE WILL STATES. WHAT MATTERS IS WHAT THE COURT ALLOWS FOR THESE ACCOUNTS.

These accounts MUST followed EXACTLY what the court dictates, via written court order or via the State Statutes. If not followed as DICTATED, y'all will have some explaining to do, and it won't be a pleasant experience.
 

leelisa

Junior Member
So it is my responsiblity to make sure that the bank is dispursing the monies properly? If they wire the money into the UTMA account and I follow the rules of that account, I can still get in trouble? It seems to me that the bank is getting a large fee for handling his estate and it should be their responsibility to make sure what they are doing is legal. Would I recieve a notice of the courts ruling if there was one? I am very ignorant when it comes to these things, I have never had to deal with a will before.
As rude as some of your comments have come off Blondie
Y'all can't just do what YOU think you can with your son's money. And, y'all can suffer serious ramifications from the court - including embezzelment
I am greatful for the help and will continue to be greatful for your response and anyone eles's take on this situation.
 

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