Can a minor control a bank account left by a deceased family member? How? 8 Answers as of August 31, 2015

Someone has a minor bank account and his father who is the legal administrator has passed away. Can his mother operate the account if the child is still a minor and must wait until age 18?

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Law Office of Pamela Braynon | Pamela Y. Braynon
I'm sorry I don't have enough information to properly answer this. If the father had a will, there may be provisions in the will that takes care of this. If not, there may be policies instituted by the bank that addresses situations such as this. I would need more information to give you a more proper answer.
Answer Applies to: Florida
Replied: 8/31/2015
Sebby Law Office
Sebby Law Office | Jayne Sebby
Most banks will insist on having an adult's name on a juvenile's account. If the father was appointed by a court to be the adult associated with the account, the court must now appoint someone else. If the father just took responsibility on his own, the mother can now add her name by working with the bank. FYI: the bank account must be used for the purposes for which it was established. The mother can not use the funds for her own purposes.
Answer Applies to: Nebraska
Replied: 8/31/2015
Geoff Germane, Attorney at Law | Geoff Germane
If this is an UTMA or UGMA account, a new custodian will need to be appointed. Contact the institution where the account is held to inquire about procedures for appointing a new custodian.
Answer Applies to: Utah
Replied: 8/28/2015
Ashcraft & Ashcraft, Ltd.
Ashcraft & Ashcraft, Ltd. | Randall C. Romei
An administrator is an appointed office. If the account is in the name of the father as administrator then a new administrator must be appointed. If the father is merely custodian of a minor's account then the financial institution may allow the mother to act as the new custodian, otherwise a custodian must be appointed in the father's estate.
Answer Applies to: Illinois
Replied: 8/28/2015
Ronald K. Nims LLC | Ronald K. Nims
Generally, assets of minors that haven't been placed in a trust by the deceased are held by the probate court until they come of age.
Answer Applies to: Ohio
Replied: 8/27/2015
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    It depends. She may need to get a guardianship or review the account data at the institution to see if an alternate is named. If not alternate is named it may make sense to let the account sit idle, if it is cash of a small amount rather than incur fees if it cannot easily be handled. This is opinion is solely based upon the facts presented in the inquiry. Additional facts may be important and may change the analysis. If you are uncertain, seek legal counsel. We are not your attorneys. This answer is being offered to assist you in determining if you need to retain legal counsel to assist you, not to resolve your issue through an email inquiry.
    Answer Applies to: Nevada
    Replied: 8/27/2015
    O'Keefe Legal Services, L.L.C.
    O'Keefe Legal Services, L.L.C. | Sean P. O'Keefe
    In Maryland, check with the bank; minors will likely need to hold the account jointly with an [living] adult. Usually the surviving parent of the minor can manage the account on behalf of the minor child.
    Answer Applies to: Maryland
    Replied: 8/27/2015
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    The minor might be able to take control for him- or her-self. ORS 126.735. Or, if the minor is at least 14 years old, the minor will be able to name Mom as the new custodian. This must be done within 60 days of Dad's death. Otherwise, a petition to the court may be needed.
    Answer Applies to: Oregon
    Replied: 8/27/2015
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