My niece has an UGMA (to age 21) that her estranged father is the custodian of. The brokerage co. (Morgan Stanley Smith Barney) will not turn the account over to her (she is 21) unless he signs off or tells them via phone that it is ok. He is refusing to return her calls or emails. What is her next step? Would really appreciate know what paperwork needs to be filed with the court to get him to relinquish the account to her
The fastest and most effective course of action is to retain an attorney. Estate and trust attorneys are often involved in these matters. I do not believe that this is a family law issue.
The prior answer (about consulting with an estate/trust attorney, is valid unless this account was part of the property settlement in your divorce. If it was, then a family law attorney is appropriate.
Please contact a probate attorney to assist you in this matter. S/he can draft the petition and order for release of your funds. This matter may go before the Commissioner, hence, it can be acted upon rather quickly.
If the funds are truly in a "custodial account" under Washington's Uniform Transfer to Minor Act, there should be no problem in getting your funds. If Morgan Stanley refuses to talk to you or requires your father's consent to release funds, I suspect the funds are titled in his name as an individual. The account held in your father's name gives him control over your funds. It is unsure why or how the funds were yours to begin with. You need to talk to an attorney and the type attorney you need is whether you earned the funds through your labors or received the funds through an inheritance or gifts. Good luck.
This answer does not represent an attorney client relationship nor attorney client privileges
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