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Cash gift to minor child

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quincy

Senior Member
It can also be hard take back an outright gift of cash, too. :D
If reverbn asks for the $10,000 cash back, he might find instead of dollars he is handed an iPhone 13 Pro, a few pairs of Nike shoes, some athletic or other apparel, a gaming system or two ... the money spent on tickets for sporting events and concerts and movies, and all of the food consumed by the teenager and his (new) friends, is gone forever. :)
 


reverbn

New member
Many thanks for all the information. To make sure I am correct, I can do either of the following (of course, giving cash directly to child is not advisable as the child can spend that money; similarly, giving cash to a relative on behalf of the child is not advisable as the relative can spend the money), please correct me if I am wrong:

(1). Giving the cash gift directly to child

(2). Giving the cash gift to a relative on behalf of the child

(3). Create UTMA account which transfers the gift to the child automatically at age 21







Also, can I keep that gift cash with me itself, on behalf of the child, and give to him once he becomes 21 or so?
 

Zigner

Senior Member, Non-Attorney
Also, can I keep that gift cash with me itself, on behalf of the child, and give to him once he becomes 21 or so?
Are you really asking if you can just hold on to the cash and give it to him when he's an adult? Why would you think that you couldn't? Are you trying to shelter the money from a creditor?
 

LdiJ

Senior Member
Many thanks for all the information. To make sure I am correct, I can do either of the following (of course, giving cash directly to child is not advisable as the child can spend that money; similarly, giving cash to a relative on behalf of the child is not advisable as the relative can spend the money), please correct me if I am wrong:

(1). Giving the cash gift directly to child

(2). Giving the cash gift to a relative on behalf of the child

(3). Create UTMA account which transfers the gift to the child automatically at age 21







Also, can I keep that gift cash with me itself, on behalf of the child, and give to him once he becomes 21 or so?
You can keep the cash gift with you, but if it is not in a UTMA or Trust account you cannot protect it from a creditor or from being considered a marital asset in a divorce, or from being considered as belonging to someone else if you were to die intestate etc.
 

quincy

Senior Member
... Also, can I keep that gift cash with me itself, on behalf of the child, and give to him once he becomes 21 or so?
Yes. You can keep your money until your child turns 21.

WHY do you want to give your child $10,000?
 

doucar

Junior Member
Just understand that as long as you have control of the money other than as Trustee under the ugma, it is not a completed gift.
 

quincy

Senior Member
Just understand that as long as you have control of the money other than as Trustee under the ugma, it is not a completed gift.
... and it will, therefore, not be protected from a creditor or relieve reverbn of child support obligations.
 

reverbn

New member
Although I have issues with my wife (my son’s mother) and are planning to divorce, we are not yet divorced or separated. My son lives with her mother. If I give that $10,000 cash to her as a gift to my son, will that gift be LEGALLY counted as my gift to my son, or whether we are required to complete any paper work or opening bank account like UTMA?

I have no creditors and I am not facing any lawsuits. However, I have health issues and I may die soon due to the health issues.
 

LdiJ

Senior Member
Although I have issues with my wife (my son’s mother) and are planning to divorce, we are not yet divorced or separated. My son lives with her mother. If I give that $10,000 cash to her as a gift to my son, will that gift be LEGALLY counted as my gift to my son, or whether we are required to complete any paper work or opening bank account like UTMA?

I have no creditors and I am not facing any lawsuits. However, I have health issues and I may die soon due to the health issues.
If you give it to her, even though it is for him, she can spend it any way that she likes, legally. If you put it in a UTMA account then the money is more protected for him. However, you are not required to protect the money for him so certainly you can give it to your wife in the hopes that she will hold it for him.
 

Zigner

Senior Member, Non-Attorney
If you give it to her, even though it is for him, she can spend it any way that she likes, legally. If you put it in a UTMA account then the money is more protected for him. However, you are not required to protect the money for him so certainly you can give it to your wife in the hopes that she will hold it for him.
From the OP's post, it sounds like the boy lives with the boy's maternal grandmother. Of course, the OP may have simply worded the explanation poorly.
Although I have issues with my wife (my son’s mother) and are planning to divorce, we are not yet divorced or separated. My son lives with her mother.
 

LdiJ

Senior Member
From the OP's post, it sounds like the boy lives with the boy's maternal grandmother. Of course, the OP may have simply worded the explanation poorly.
I took that as an "English as a second language" error. However, you could be right.
 

quincy

Senior Member
Although I have issues with my wife (my son’s mother) and are planning to divorce, we are not yet divorced or separated. My son lives with her mother. If I give that $10,000 cash to her as a gift to my son, will that gift be LEGALLY counted as my gift to my son, or whether we are required to complete any paper work or opening bank account like UTMA?

I have no creditors and I am not facing any lawsuits. However, I have health issues and I may die soon due to the health issues.
Why don’t you spend a little bit of money and sit down with a professional financial planner or an attorney? This might be the best way for you to learn what is best for you to do with the $10,000, given your particular situation.

Without any written agreement on the $10,000 or without a bank account protecting the money for your child, you will have no control over what is done with the money. If you are okay with your wife or grandma spending the $10,000 to take a cruise or using the money as a down payment on a vacation cottage, fine. But if you want the money to go to your child’s needs, just handing over $10,000 to someone is not going to legally accomplish that goal.
 

bcr229

Active Member
Although I have issues with my wife (my son’s mother) and are planning to divorce, we are not yet divorced or separated. My son lives with her mother. If I give that $10,000 cash to her as a gift to my son, will that gift be LEGALLY counted as my gift to my son, or whether we are required to complete any paper work or opening bank account like UTMA?

I have no creditors and I am not facing any lawsuits. However, I have health issues and I may die soon due to the health issues.
Perhaps you would be better off getting advice from an estate planning attorney about creating a trust for your son's benefit after you pass away.
 

Zigner

Senior Member, Non-Attorney
The OP is trying to "shelter" (colloquial) the money. The OP wants to make sure his wife doesn't get it during the divorce.
 

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