Do We Have to Report My Father's House on a Medicaid Estate Recovery Form If He Transferred It to His Wife?
My father went into a nursing home in Pennsylvania in December 2005. He immediately applied for Medicaid and had to cash in a...Read more
The Uniform Gifts to Minors Act (UGMA) and the Uniform Transfers to Minors Act (UTMA) are sometimes called the “granddaddies” of college savings accounts. Both allow parents to establish custodial accounts for a minor child, and a grandparent can then make gifts to the account. Because the account is in the name of the child, the tax liability is often shifted to the child, who presumably is in a lower tax bracket than the grandparent or the grandchild's parents. Gifts to such accounts are irrevocable, but the gift-giver retains control of the money and decides how it will be invested.
UGMA and UTMA differ in the type of property they permit a person to transfer: States usually restrict UGMA investments to life insurance, cash and certificates of deposit, while UTMA allows a wider variety of investments, including mutual funds, stocks, bonds, real estate -- even artwork. Banking institutions and brokerage firms offer UGMA and UTMA accounts.
Local Elder Law Attorneys in Ashburn, VA
Margaret A. O’Reilly is an estate planning and elder law attorney with over thirty-five years of legal experience. Attorney O’Reilly graduated from Duke University with a degree in psychology, and received her law degree from Northeastern University School of Law in Boston, Massachusetts. For over 15 y...
Ron M. Landsman has been practicing elder law since 1983, before it was known as elder law, originally with Landsman and Laster, Washington, D.C., then Landsman, Eakes and Laster, also in Arlington, VA, and since 1990 in his own practice in Montgomery County, Maryland. He has been among the most active members of the...
Judith Mtinick is well known for acting as a guardian, conservator, trustee or agent on behalf of clients or by court appointment. This experience gives her a wide perspective and extensive practical knowledge that she uses when advising clients in drafting their planning documents. Her experience, as a court appointed...
Either type of account should be managed by someone other than the parent; otherwise, the parent will be responsible for taxes on the account income. For children, or students under age 24, income below $1050 is not taxed, income from $1050 through $2,100 is taxed at the child's rate, and income over $2,100 is taxed at the grandparent's rate (figures for 2017).
The major downside of these accounts is that custodians must turn the money over to the child when he or she reaches the age of majority (18 or 21, depending on the state). The child may then do as he or she wishes with the money -- and it may not be what you would prefer. In addition, as with custodial accounts, the child's sudden ownership of the account funds could jeopardize his or her eligibility for financial aid for college.
For more on these accounts, click here.
For more articles on gifts to grandchildren, click here.
Medicaid Rules, etc