Small Monetary Bequests To Minors

The North Carolina Uniform Transfers to Minors Act, G.S. Section 33A-1 et. seq., provides that a personal representative of a deceased’s estate can transfer a bequest to an adult as custodian for th e benefit of a minor child. G.S. Section 33A-6(a) provides that a personal representative may make a transfer to “another adult or trust company as custodian for the benefit of a minor” even “ under a will or trust that does not contain an authorization to do so.

G.S. Section 33A-6(c) provides that such transfers in excess of $10,000 “must be authorized by the court.” Under 33A-1(4), “Court” is defined as the Clerk of Superior Court.

S. Section 33A-8 provides that a written acknowledgement by a custodian of delivery is a sufficient receipt and discharge for custodial property transferred to the custodian.

The statutes do not specify who shall be named as custodian but rather reference only “an adult other than the transferor, or a trust company.” See G.S. Section 33A-9. G.S. Section 33A-18(d) which pertains to the selection of a successor trustee, expresses preference for “an adult memb er of the minor’s family, a guardian of the minor, or a trust company.”

The custodian of property is not required to provide an account ing except upon petition. G.S. Section 33A-19. The custodianship, if not expressly established by the Will, terminates upon the minor attaining the age of 18. G.S. Section 33A-20(2).

2017-10-16T19:39:48+00:00