Source: L. 99: Entire article added, p. 1221, § effective August 4.
This section controls distribution of the custodial trust property when the custodial trust is terminated under section 15-1.5-102(5). It is designed to provide for efficient and certain distribution without judicial proceedings. Subsection (1)(c) is an important provision for avoiding complications on distribution and provides that distribution may be controlled first, by the direction of the deceased beneficiary or second, by the custodial trust instrument (see sections 15-1.5-102, 15-1.5-106, and 15-1.5-118) and, only if no effective prior designation for the payment or distribution of the property on the death of the beneficiary has been made, shall it pass through the beneficiary's estate.
The direction to the custodial trustee by the beneficiary, who is not incapacitated, for distribution on termination of the custodial trust may be in any written form clearly identifying the distributee. For example, the following direction would be adequate under the statute:
I, ____ (name of beneficiary) hereby direct ____ (name of trustee) as custodial trustee, to transfer and pay the unexpended balance of the custodial trust property of which I am beneficiary to ____ as distributee on the termination of the trust at my death. In the event of the prior death of ____ above named as distributee, I designate ____ as distributee of the custodial trust property.
Signed (signature) _____ Beneficiary
Date _______
Receipt Acknowledged (signature) __________
Custodial Trustee
Date _________
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