Transfers by Other Persons to Custodian

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  1. Subject to subsections (b) and (c) of this Code section, a person not subject to Code Section 44-5-115 or 44-5-116 who holds property of or owes a liquidated debt to a minor may make an irrevocable transfer to a custodian for the benefit of the minor pursuant to Code Section 44-5-119.
  2. If a person having the right to do so under Code Section 44-5-113 has nominated a custodian under that Code section to receive the custodial property, the transfer must be made to the custodian so designated.
  3. If no custodian has been nominated under Code Section 44-5-113, or all persons so nominated as custodian die before the transfer or are unable, decline, or are ineligible to serve, a transfer under this Code section may be made to an adult member of the minor's family or to a trust company as custodian for the benefit of the minor if a guardian appointed for such minor considers the transfer to be in the best interest of the minor and, on petition brought by the minor's guardian, the transfer is authorized by the court as in the best interest of the minor.

(Code 1981, §44-5-117, enacted by Ga. L. 1990, p. 667, § 1.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 39 Am. Jur. 2d, Gifts, § 4.

C.J.S.

- 39 C.J.S., Guardian and Ward, §§ 10 et seq., 199, 200, 221.

U.L.A.

- Uniform Transfers to Minors Act (U.L.A.) § 7.


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