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  • Writer's pictureJessica N. Kiely, Esq

Navigating Estate Planning: UTMA/UGMA vs. Lifetime Asset Protection Continuation Trusts for Your Children



Recently, our firm had the pleasure of engaging in a thought-provoking conversation with one of our clients, an engineer with a heart set on securing the best future for her children. As we delved into the intricacies of estate planning, he posed a question that many parents ponder: what are the differences between utilizing a Uniform Transfers to Minors Act (UTMA) or Uniform Gifts to Minors Act (UGMA) account versus the benefits of establishing a lifetime asset protection continuation trust for his beloved minors? Let's explore these options through a client-centered lens.


UTMA/UGMA Accounts: A Closer Look

Imagine setting up a financial nest egg for your children, ensuring they have a solid foundation as they journey into adulthood. That's precisely what UTMA/UGMA accounts offer. In California, these accounts serve as custodial arrangements, safeguarding assets until your minors reach the age of majority, typically 18 years old. However, here's where it gets intriguing: in the Golden State, we have the flexibility to extend custodianship until the ripe age of 25, a provision that adds an extra layer of security for your children's financial well-being.


How to Extend UTMA Distribution to Age 25 in California:

Personalized Setup: Picture tailoring your UTMA account to align perfectly with your family's needs. By specifying in the custodial agreement that custodianship lasts until your child reaches age 25, you're laying a robust financial groundwork for their future endeavors.


Crystal-Clear Documentation: Transparency is key. Ensure the terms extending custodianship are clearly documented, providing peace of mind that your wishes will be faithfully executed.


Navigating Responsibly: Trust in the hands of capable custodians who manage assets judiciously, utilizing funds for your child's education, healthcare, and living expenses.


Expert Guidance: Picture having a seasoned team of financial and legal advisors by your side, guiding you through the complexities and ensuring compliance with California regulations while optimizing tax strategies.


Key Considerations: Your Child's Journey, Your Peace of Mind

Empowering Your Child: Imagine empowering your child with financial stability, courtesy of UTMA/UGMA accounts that extend support until age 25.


Nurturing Growth: Envision how extended custodianship may nurture your child's growth, providing access to funds for pivotal life events while instilling responsible financial habits.


Building a Legacy: Picture safeguarding your family's legacy with strategic tax planning, ensuring your hard-earned wealth continues to benefit future generations.


Lifetime Asset Protection Continuation Trusts: Crafting Your Family's Legacy

Now, let's explore another avenue: lifetime asset protection continuation trusts. These trusts offer a holistic approach to estate planning, providing comprehensive asset protection and management that extends well beyond your child's attainment of majority age. With the flexibility to specify distribution terms and shield assets from creditors, continuation trusts empower you to shape a legacy that transcends generations.


Conclusion: Your Family's Financial Future, Our Shared Journey

In the grand tapestry of estate planning, your family's financial future takes center stage. Whether you opt for UTMA/UGMA accounts or embark on the path of lifetime asset protection continuation trusts, rest assured that we're here to navigate this journey alongside you. With personalized guidance, thoughtful consideration, and unwavering dedication, together, we'll craft a legacy that stands the test of time, ensuring your children's dreams continue to flourish long into the future.

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