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Injunction against Chase Bank UTMA

San Jose, CA |

Would it be terribly naive to attempt to have an injunction granted against Chase Bank? I am being denied successor trustee status by Chase Bank over my kid's UTMA accounts. The accounts (CD's) matured, and (grandma died), I wanted to move the accounts to the credit union where we have accounts.

Attorney Answers 2

Posted

The question posed needs more details to adequately answer the question thoroughly. If one wishes to seek an injunction, one must first have a lawsuit on file. There are specific legal elements that need to be meet and you must be prepared to post a bond should you prevail on the injunction.

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Grandma handed me the form as she was leaving on a gurney to the hospital where she died several days later. It was not completed and the children (or I) knew about filing withing 60 days. I am conservator of the minor(s) becomes successor custodian. Is this not the law? CAL. PROB. CODE § 3918 (d)If the transferor has not effectively designated a successor custodian, and a custodian is ineligible, dies, or becomes incapacitated without having effectively designated a successor and the minor has attained the age of 14 years, the minor may designate as successor custodian, in the manner prescribed in subdivision (b), an adult member of the minor's family, a conservator of the minor, or a trust company. If the minor has not attained the age of 14 years or fails to act within 60 days after the ineligibility, death, or incapacity, the conservator of the minor becomes successor custodian.

Posted

You do not automatically become custodian of your children's UTMA accounts just because the custodian died. Was there any paperwork submitted naming you as successor custodian? If you are just asking Chase to appoint you as successor custodian just because you are the parent of the minor for whom the account was set up without any paper work naming you as custodian then Chase is correct.

You need to see a lawyer who can review the documentation and provide you with advice particular to your situation. Your real question (how to get a successor named/ appointed) cannot be answered without reviewing the relevant paperwork.

DISCLAIMER: THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE. IT IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS RESPONSE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. YOU SHOULD CONSULT WITH A QUALIFIED ATTORNEY FOR SPECIFIC LEGAL ADVICE ABOUT YOUR PARTICULAR SITUATION.

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