Source: L. 99: Entire article added, p. 1220, § 1, effective August 4.
This section requires that the custodial trustee inform the beneficiary of the initiation of the trust and provide reasonably current reports of the administration of the custodial trust to the beneficiary or the beneficiary's legal representative. Even though some custodial trustees may act informally, it seems appropriate that both the trustee and the beneficiary be expected to exchange complete information concerning the administration of the trust at least once each year. In some cases, more frequent exchanges of information between the custodial trustee and beneficiary would be expected, e.g., when they use a bank account to which both have access. This is particularly true with regard to necessary information for tax reporting by the parties involved. This section assumes the usual minimum components of an account, i.e., assets and values at the beginning of the accounting period, receipts, and disbursements during the accounting period and assets and their values on hand or available for distribution at the close of the accounting period.
Subsection (1) identifies the necessary reports and accountings for the parties, and subsection (2) identifies a broad group of persons who may petition the court for an accounting by the custodial trustee or the custodial trustee's legal representative. Much of the section is drawn from Section 19 of the UTMA modified to fit the custodial trust. Subsection (6) recognizes the inherent power of the court to instruct trustees and review their actions. This paragraph is patterned after Uniform Probate Code Section 7-205.
Structure Colorado Code
Title 15 - Probate, Trusts, and Fiduciaries
Article 1.5 - Colorado Uniform Custodial Trust Act
§ 15-1.5-102. Custodial Trust - General
§ 15-1.5-103. Custodial Trustee for Future Payment or Transfer
§ 15-1.5-104. Form and Effect of Receipt and Acceptance by Custodial Trustee - Jurisdiction
§ 15-1.5-105. Transfer to Custodial Trustee by Fiduciary or Obligor - Facility of Payment
§ 15-1.5-106. Multiple Beneficiaries - Separate Custodial Trusts - Survivorship
§ 15-1.5-107. General Duties of Custodial Trustee
§ 15-1.5-108. General Powers of Custodial Trustee
§ 15-1.5-109. Use of Custodial Trust Property
§ 15-1.5-110. Determination of Incapacity - Effect
§ 15-1.5-111. Exemption of Third Persons From Liability
§ 15-1.5-112. Liability to Third Persons
§ 15-1.5-114. Expenses, Compensation, and Bond of Custodial Trustee
§ 15-1.5-116. Limitations of Action Against Custodial Trustee
§ 15-1.5-117. Distribution on Termination
§ 15-1.5-118. Methods and Forms for Creating Custodial Trusts