Where a custodianship is validly created according to the UTMA of a particular state,
that state's law controls the age of majority.
To be validly created, the transfer document must invoke the law of a particular state,
and there must be a connection with the chosen state at the time of the transfer.
The connection is satisfied if, at the time of the transfer, the transferor, the minor
or the custodian is a resident of the chosen state, or the custodial property is located
in the chosen state.
When a transfer is made in accordance with a state's version of the UTMA, UGMA or
a similar statute, that state's law controls the age of majority. In most cases, written
documentation of the transfer will identify the applicable state law. In all Region
V states, the document creating a custodianship must invoke the law of the state by
using (in substance) words referring to the state's UTMA (e.g., "as custodian for
_________ (name of minor) under the (name of state) uniform transfers to minors act.").
When the transfer document does not refer to a specific state's law, the transfer
may or may not be valid, and those cases should be referred to the SSI Team for referral
to the Office of the General Counsel for a legal opinion.