
Big Changes In Payments To Minors!
Not sure what the Legislature had in mind when it amended our probate law regarding payments to minors.
Prior to February 1, 2024, a minor could not receive over $5,000.00 per year without the use of a conservatorship. Of course, a Will or Trust could provide for a distribution different than the statute.There was also the Uniform Transfers to Minors Act (UTMA), which allows for payments to be pushed off until the age of 21.
Short of these applications above, the law under MCL 700.5102 now allows a minor to be paid an amount under $50,000.00 each year. Yup, you got it…. $50,000.00 each year. This is paid either to the minor’s guardian, the individual having care and custody or to a financial institution with an account in the sole name as the minor. If a conservator is appointed, then that would guard the funds from being accessed by the minor.
Most parents or guardians will have the minor’s best interest at heart if they get these funds. However, assuming that is not the case, the funds are likely to disappear and the minor is left to seek a financial recovery from their parents when they reach the age of majority (18). It is not likely that a child will seek money damages from their parent.
Not sure what the Legislature is thinking sometimes.