The adult, or custodian, manages the account, but the funds are owned by the minor. We recommend using What happens to a minor's savings account when the account was opened by the custodial parent and the custodial parent dies. Nothing in this material should be relied upon in isolation for the purpose of making an investment decision. References in this report to “J.P. Your IP: 217.182.201.201 (If the minor also has earned income from a job, the child is taxed at his or her individual rate on that earned income. Non-reliance If you or the designated beneficiary is not a New Hampshire, Massachusetts, Delaware, or Arizona resident, you may want to consider, before investing, whether your state or the beneficiary's home state offers its residents a plan with alternate state tax advantages or other state benefits such as financial aid, scholarship funds and protection from creditors. Morgan Securities” is a brand name for a wealth management business conducted by JPMorgan Chase & Co. and certain subsidiaries. • At that point, they can do whatever they want with the money. When property is left directly to a minor beneficiary, such as through joint ownership of property or a payable-on-death account, the minor won't have the legal authority to take control of it because of their age. The account creator usually acts as the account’s custodian. Fidelity. The information herein is general and educational in nature and should not be considered legal or tax advice. JPMorgan Chase & Co. or its affiliates may hold a position or act as market maker in the financial instruments of any issuer discussed herein or act as an underwriter, placement agent, advisor or lender to such issuer. The custodian controls the account—how it’s invested and how it’s spent, although the custodian must manage the account and use the funds in the beneficiary’s best interest—until the beneficiary reaches the age of majority. There are two primary differences between the two: A custodial account is generally created by a parent or grandparent for the benefit of a minor child or grandchild. If you are thinking of opening a custodial account for your child, it is important to open the right type of account for your specific financial situation and goals. In this case, state law determines who should receive the decedent's estate and in what measures. A transferor can act as the custodian of an account or appoint someone else to act as the custodian. When the child reaches the age of majority specified by the state, control of the account must be transferred to them. Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location. Cloudflare Ray ID: 5f110f997acff2d4 Custodial accounts 101 name@fidelity.com. Money put into a custodial account is an irrevocable gift to the minor named as beneficiary on the account—the custodian must ensure that it is invested or used for the minor's benefit. A custodial account is generally created by a parent or grandparent for the benefit of a minor child or grandchild. Many transferors appoint a successor custodian at account opening and that person assumes control of the account upon the death of the custodian. If the transferor was the custodian and the transferor dies, some states allow the legal guardian of the child to become the new custodian of the account. If parents were married and jointly held custody when only one parent died, then custody will automatically go to the surviving parent. In most cases, the child's parent is chosen to be conservator unless both parents are deceased or otherwise determined to be inappropriate or incapable of performing the duty, The appointed conservator will take over management and control of the minor's inheritance until the minor becomes an adult. Bank products and services are offered by JPMorgan Chase Bank, N.A. Social Security Administration. J.P. Morgan and its affiliates and employees do not provide tax, legal or accounting advice. Are you a legal professional? Assets—and income—in a custodial account belong to the minor beneficiary. Accessed May 28, 2020. e.g. Custodial Account Defined. In Massachusetts, a child who has reached the age of 14 can choose a new custodian if the original custodian dies, but other states do not allow children to have a say in choosing a custodian. Does Child Support Continue After Parent's Death? At the age of majority, the custodian (often a parent) must transfer control to the beneficiary. Because transfers to custodial accounts are gifts to the minor beneficiary, each parent can give each of his or her children $15,000 every year ($30,000 from a couple) without having to use any lifetime gift tax exemption. That's because 529 accounts offer a greater degree of flexibility and control, as well as tax benefits. Firefox, or Accessed May 28, 2020. For this reason, people often use trusts for more substantial gifts. "Children." The UNIQUE College Investing Plan, U.Fund College Investing Plan, Delaware College Investment Plan, and Fidelity Arizona College Savings Plan are offered by the state of New Hampshire, MEFA, the state of Delaware, and the Arizona Commission for Postsecondary Education, respectively, and managed by Fidelity Investments. If parents have divorced, and the parent awarded sole custody dies, then the other parent may need to actually go through the court to be formally awarded custody. Child custody issues are sensitive subjects because of the huge emotional consequences. Completing the CAPTCHA proves you are a human and gives you temporary access to the web property.