A UTMA account in Florida is a custodial account set up by a parent for the benefit of a child. The UTMA account is the most common method of gifting assets to a minor child in Florida. The Florida Uniform Transfers To Minors Act (“FUTMA”) explains how someone can open a custodial account for a minor.
A custodial account for a minor child is created when the adult titles the account in the adult’s name “as custodian for (minor’s name) under the Florida Uniform Transfers To Minors Act.” An example would be “Homer and Marge Simpson as custodian for Bart Simpson under the Florida Uniform Transfers To Minors Act.”
Understanding Florida UTMA Accounts
Money in a Florida UTMA account is considered property of the minor child, not an asset owned by the custodian parent or grandparent. A judgment against the custodial parent may not be satisfied from the child’s assets in the custodial account. A judgment creditor’s writ of garnishment served upon a bank should not affect money held in the name of the judgment debtor’s properly titled custodial account. The creation and funding of a Florida UTMA account may be challenged as a fraudulent transfer if it is shown to be primarily intended to protect money from the parent’s creditor.
Florida UTMA, or FUTMA, accounts are sometimes confused with other types of financial accounts established for the benefit of a minor child, namely “ITF,” “POD,” or “TOD” accounts. An ITF account refers to an account at a bank or other financial institution where the owner has title to the money or other assets in trust for another person. A “pay on death” (POD) account or a “transfer on death” (TOD) account directs that the money is to be transferred to a named beneficiary upon the death of the account owner. ITF, POD, and TOD, accounts have the same effect and accomplish the same goal. The money is paid to named beneficiaries upon the owner’s death. These accounts are efficient estate planning tools because they transfer assets to beneficiaries without the necessity of a probate proceeding.
ITF, POD, and TOD accounts do not provide any asset protection for the lifetime owner. Money in these accounts belongs to the owner during the owner’s lifetime, and the owner has the right to withdraw money from the account during their lifetime. Just as the owner has complete access to the money, a creditor of the owner can also get the funds to collect a judgment. A judgment creditor may garnish money held in an ITF, TOD, or POD account to execute a judgment against the owner during the owner’s lifetime. A creditor of the designated beneficiary or heir shown on the account title may not garnish the account during the owner’s lifetime because the money does not yet belong to the designated beneficiary or heir, and the owner may amend the death beneficiary.
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