A trust under the Uniform Transfers to Minors Act may be appropriate for setting aside money for a child, as it provides a statutory framework for the obligations of a custodian of a minor’s property. However, the decision of whether to set up a trust account, versus an ordinary checking account, should be left to the customer, and possibly the customer’s legal counsel. Under Section 45.1 of the Illinois Banking Act, it is appropriate to set up ordinary deposit accounts in a minor’s name, and they can be treated as if the minor was an adult. 205 ILCS 5/45.1 (“A state bank may accept deposits made by a minor and may open an account in the name of such minor and the rules and regulations of such bank with respect to each such deposit and account shall be as binding upon such minor as if such minor were of full age and legal capacity”).
For minor accounts, how can we determine whether it’s appropriate to open a UTMA account versus an ordinary deposit account?
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