Vermont Bar Journal, Vol. 40, No. 2 Winter 2016, Volume 41, No. 4 | Page 25

by Joseph Cook, Esq. The Uniform Transfers to Minors Act: The 49th State After I worked sporadically alongside others over the last fourteen years to encourage our legislators to adopt the Uniform Transfers to Minors Act (“UTMA”), and after its eight prior legislative introductions, last year Vermont joined forty-eight other states in adopting the act. Governor Shumlin signed H.23 on April 16, 2015, and it became effective on July 1, 2015. The act is codified at 14 V.S.A. § 3211, et seq. Now only South Carolina has yet to adopt the UTMA. This article will summarize how the UTMA became law, and some of its more important provisions. Professor Stephanie Willbanks serves on the Uniform Law Commission. Her testimony before the House and Senate Judiciary committees was instrumental in the passage of the UTMA. Professor Willbanks asked Rep. Sarah Buxton to sponsor the UTMA, and she agreed to do so. It helped that our bill was the first item on the agenda for the House Judiciary Committee, and cost our state nothing at a time when our legislature needed to make difficult decisions to eliminate a large budget deficit. Mark Langan and Chris D’Elia of the Vermont Bankers Association also provided very helpful testimony. Perhaps most importantly, the UTMA enables custodians to retain property until beneficiaries attain the age of twenty-one by defining adults as individuals who have reached that age.1 An unintended consequence of the reduction of the age of majority to eighteen has been the outright distribution of substantial assets to many young adults at an especially impressionable age. The UTMA greatly expands the scope of property that custodians can hold and in which they can invest on behalf of minors. The comment under the model act states: “The definition of ‘custodial property’ has been generalized and expanded to encompass every conceivable legal or equitable interest in property of any kind, including real estate and tangible or intangible personal property.” Under the UTMA custodians have greater leeway in making distributions to minors from custodial property. Expenditures may now be made for “the use and benefit of the minor ... ” rather than for “the support, maintenance, education and benefit of the minor ... ” as had been the case under the Uniform Gifts to Minors Act.2 Custodial funds may be used for minors without consideration of the duty or ability of others www.vtbar.org to support the minor and minors’ income, resources, or other means of support.3 Expenditures under this section are in addition to, and do not affect the obligations of others to support minors.4 Section 3222 (b) of the act states that custodians “shall observe the stand \