38-1704. Nomination of custodian. (a) A person having the right to designate the recipient of property transferable upon the occurrence of a future event may revocably nominate a custodian to receive the property for a minor beneficiary upon the occurrence of the event by naming the custodian followed in substance by the words: "as custodian for _____________(name of minor) under the Kansas uniform transfers to minors act." The nomination may name one or more persons as substitute custodians to whom the property must be transferred, in the order named, if the first nominated custodian dies before the transfer or is unable, declines, or is ineligible to serve. The nomination may be made in a will, a trust, a deed, an instrument exercising a power of appointment, or in a writing designating a beneficiary of contractual rights which is registered with or delivered to the payor, issuer, or other obligor of the contractual rights.
(b) A custodian nominated under this section must be a person to whom a transfer of property of that kind may be made under subsection (a) of K.S.A. 38-1710.
(c) The nomination of a custodian under this section does not create custodial property until the nominating instrument becomes irrevocable or a transfer to the nominated custodian is completed under K.S.A. 38-1710. Unless the nomination of a custodian has been revoked, upon the occurrence of the future event the custodianship becomes effective and the custodian shall enforce a transfer of the custodial property pursuant to K.S.A. 38-1710.
History: L. 1985, ch. 143, ยง 3; July 1.
Structure Kansas Statutes
Article 17 - Uniform Transfers To Minors Act
38-1703 Scope and jurisdiction.
38-1704 Nomination of custodian.
38-1705 Transfer by gift or exercise of power of appointment.
38-1706 Transfer authorized by will or trust.
38-1707 Other transfer by fiduciary.
38-1709 Receipt for custodial property.
38-1712 Validity and effect of transfer.
38-1713 Care of custodial property.
38-1715 Use of custodial property.
38-1716 Custodian's expenses, compensation and bond.
38-1717 Exemption of third person from liability.
38-1718 Liability to third persons.
38-1720 Accounting by and determination of liability of custodian.
38-1721 Termination of custodianship.
38-1723 Effect on existing custodianships.