Can my debt affect my kids bank accounts if l’m titled UTMA and it’s listed as custodial?

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Can my debt affect my kids bank accounts if l’m titled UTMA and it’s listed as custodial?

I have credit card and student loans that I have fell behind on. I’m scared that they will get a judgement to freeze my assets or even my kids if my name is listed as custodial.

Asked on December 22, 2011 under Bankruptcy Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you are the custodian of your children's bank accounts under the Uniform Transfer to Minors Act (UTMA) these bank accounts are not yours. They are your childrens' so long as they are minors where you act as the trustee under these accounts for their benefit. When the children become adults, they can control the accounts.

Since you do not own these accounts, your should not be overly concerned that the creditors can obtain a judgment against you and legally levy upon these UTMA accounts. If that does happen, you need to immediately serve and file a claim of exemption on the levy stating that the accounts are UTMA accounts. The court would then make a ruling on the appropriateness of the levy.


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