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Statutes Text

Article - Estates and Trusts




§13–314.

    (a)    In this section, “disabled” has the meaning stated in 42 U.S.C. § 1382c(a)(3).

    (b)    A custodian may deliver or pay to the minor or expend for the minor’s benefit so much of the custodial property as the custodian considers advisable for the use and benefit of the minor, without court order and without regard to:

        (1)    The duty or ability of the custodian personally or of any other person to support the minor; or

        (2)    Any other income or property of the minor which may be applicable or available for that purpose.

    (c)    (1)    Subject to paragraphs (3) and (4) of this subsection, a custodian may transfer all or part of the custodial property to a qualified minor’s trust without a court order.

        (2)    A transfer of custodial property to a qualified minor’s trust terminates the custodianship of that property to the extent of the transfer.

        (3)    Custodial property created under a testamentary instrument may not be transferred under this subsection unless the transfer is expressly authorized by the instrument.

        (4)    For an inter vivos transfer under this subsection to be valid, the instrument that created the custodial property shall contain in conspicuous type a statement that the transferor of the property elects to grant the custodian the authority to transfer all or part of the custodial property to a qualified minor’s trust without a court order.

    (d)    If the minor is disabled, a custodian may, without court order, use all or part of the custodial property to establish or fund for the benefit of the minor:

        (1)    A special needs trust, provided that the trustee is subject to the jurisdiction of a court, bonded, and required to file annual accountings of the trust;

        (2)    A pooled asset special needs trust account, provided that the trust has been approved by the attorney general of the state where the minor resides; or

        (3)    An ABLE account.

    (e)    On petition of an interested person or the minor if the minor has attained the age of 14 years, the court may order the custodian to deliver or pay to the minor or expend for the minor’s benefit so much of the custodial property as the court considers advisable for the use and benefit of the minor.

    (f)    A delivery, payment, or expenditure under this section is in addition to, not in substitution for, and does not affect any obligation of a person to support the minor.