May Minor Serve as Executor, Guardian and Trustee?

[bravo52]

What is the name of your state (only U.S. law)? Connecticut

I'd like my son, age 19, to be my Executor and to be the Trustee of my residual estate. He's more mature than any other adult in my family. I'd also like him to be the Guardian and Custodian for my two younger sons, ages 17 and 14. Problem is, in CT, we have a UTMA that sets majority at 21. Can my will be drafted to permit my eldest son to be Executor, Trustee, Guardian and Custodian even though he is a minor under CT's UTMA?

Any insight is appreciated.

 

[tranquility]

While I know of no law against it, no court will appoint him executor as a minor and, as trustee, he will be unable to do business until he reaches majority.

 

[Zigner]

The age of majority in CT is 18. Your child is not a minor.

 

[bravo52]

tranquility and Zigner,

Many thanks for the responses. I was afraid that what tranquility said might be the case. Under CT's UTMA (Sec. 45a-557a), Adults and Minors are defined as follows:

"(1) "Adult" means an individual who has attained the age of twenty-one years.," and "(10) "Minor" means an individual who has not attained the age of twenty-one years."

The statute doesn't say that a Guardian or a Custodian has to be of any particular age, but it does provide that transfers to minors under the Act have to use a custodian. I also couldn't find a provision in the probate code that required an Executor or Trustee to be of a certain age. That said, if the UTMA intends to treat anyone under 21 as a minor, I can't imagine that a court would let a 19 year old serve as an Executor, Trustee, Guardian or Custodian.

 

[LdiJ]

tranquility and Zigner,

Many thanks for the responses. I was afraid that what tranquility said might be the case. Under CT's UTMA (Sec. 45a-557a), Adults and Minors are defined as follows:

"(1) "Adult" means an individual who has attained the age of twenty-one years.," and "(10) "Minor" means an individual who has not attained the age of twenty-one years."

The statute doesn't say that a Guardian or a Custodian has to be of any particular age, but it does provide that transfers to minors under the Act have to use a custodian. I also couldn't find a provision in the probate code that required an Executor or Trustee to be of a certain age. That said, if the UTMA intends to treat anyone under 21 as a minor, I can't imagine that a court would let a 19 year old serve as an Executor, Trustee, Guardian or Custodian.

I pulled up half a dozen websites that state that the age of majority in CT is 18. I did find a website that confirmed that the UTMA age for transfers was 21. However, I do not believe that someone being left something in a will or being a trustee of a trust or executor of a will in any way violates the UTMA.

You are going to need to consult a CT attorney who specializes in estate planning.

 

[FlyingRon]

The cutoff age of UTMA has nothing to do with other issues.

 

[tranquility]

I agree with FlyingRon. I don't agree with the OP's legal conclusion, I just answered the question.