Section 11.31 Termination of Custodianship

• Library: Trusts and Powers 2013 Supp

I. (§11.31) Termination of Custodianship

In Missouri, a minor’s custodianship terminates when the beneficiary attains age 21 for custodial property received from a donor and at age 18 for custodial property received from a person other than a donor. Section 404.051.5, RSMo 2000.

The custodianship for both types of custodial property terminates at the death of the minor before reaching the required age. Termination at age 18 is at the request of the minor, and the custodian’s authority continues from age 18 to 21 if no request is made for distribution of nondonor property. Section 404.051.5(1). If the minor was age 21 at the time a future transfer became effective, the custodian’s designation would have lapsed and the property should have been transferred directly to the minor. Section 404.027.2, RSMo 2000.

If the custodian holds property for a minor from different sources that would create a possibility of different termination dates, the custodian’s records should be kept in a manner that will facilitate a division of the property. Segregation of investments or separate...