Gulmen v. Gulmen

913 S.W.2d 852, 1995 Mo. App. LEXIS 1908, 1995 WL 686625
CourtMissouri Court of Appeals
DecidedNovember 21, 1995
DocketNo. 66892
StatusPublished
Cited by10 cases

This text of 913 S.W.2d 852 (Gulmen v. Gulmen) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gulmen v. Gulmen, 913 S.W.2d 852, 1995 Mo. App. LEXIS 1908, 1995 WL 686625 (Mo. Ct. App. 1995).

Opinions

CHARLES B. BLACKMAR, Senior Judge.

This appeal is from the ruling on post-decretal motions in the dissolution case of Suleyman Gulmen, husband and father, and Guner Gulmen, wife and mother. Funda Gulmen, the parties’ adult daughter was allowed to intervene. The father sues on behalf of the parties’ son, Tolga, born November 4, 1976. The father and the daughter seek accounting for the proceeds of two accounts with the brokerage firm of A.G. Edwards & Sons, one styled “Guner Gulmen, Custodian for Funda Gulmen under the UGTMA Missouri,” and the other styled “Guner Gulmen, Custodian for Tolga Gulmen under the UGTMA Missouri.” The accounts were established in 1987 and 1988.

Both parents had earned income in six figures at the time the decree of dissolution was entered in 1991. See Gulmen v. Gulmen, 851 S.W.2d 37 (Mo.App.1993). The court “reluctantly” granted legal custody of the children to the father and required the mother to pay child support. The decree also provided that the mother was to pay one half of the actual cost of post-secondary education for each child, for a maximum of eight semesters. It identified the parties’ separate property, divided the marital property, and expressly provided that mother was to continue as custodian of the two accounts with Edwards described above, stating the value of the daughter’s account at $26,640 and of the son’s at $38,467. It also provided that the father was to remain as custodian of two similar accounts established by him, in which the stated balances were much smaller.

We need not delve deeply into the problems of visitation and collection following the entry of the decree, or into the other matters drawn into question in the post-decretal proceedings. The father sought, on behalf of the son, an accounting of the son’s custodial account and the daughter sought, in an intervening petition, an accounting for her custodial account. Both appeal from the denial of the relief sought.

The mother testified at the hearing on the motions that representatives of Edwards told her that she could use the accounts as she saw fit. She also testified that nobody told her that there were any restrictions on the accounts, that there was no discussion about termination of the accounts, that she did not intend to make a gift to either of her children, and that there was no discussion with anyone at Edwards about the fact that she was making a gift. She denied filling out or signing the application forms for opening either account. She acknowledged her signature on backup withholding forms for each account, but said that the forms were blank at the time she signed them and did not then contain the designation, “Guner Gulmen Custodian for Funda M. Gulmen under Mo. Uniform Gifts to Minor Act,” or a similar designation for the account for Tolga. She admitted receiving monthly statements for each account, each bearing a designation of the account as a custodial account, in the manner indicated above for the backup withholding certificates. She also, both before and after the entry of the decree, endorsed checks made payable to “Guner Gulmen, c/f Funda M. Gulmen under the Mo Unif Trans to Minors Act,” and endorsed similar checks bearing the designation of Tolga’s account.

The mother withdrew $24,731.55 from the daughter’s account between July 6, 1990 and February 3, 1993, and said that she paid all of the funds to the father for the daughter’s college education and expenses. She withdrew $11,285 from the account for the son between January 27 and February 3 of 1993. She used some of these funds to pay back child support and to secure the release of her automobile, which had been seized by the sheriff at the father’s instance because of her failure to pay child support and tuition expenses. She said that she did not use any of the funds in either account for her personal [854]*854expenses. She testified at one point that she thought that she was entitled to use the accounts in any way she chose “for the benefit of the children,” and elsewhere that she had earned the money and felt that she could use it as she saw fit.

The trial judge, who was not the judge who entered the decree of dissolution, denied the father’s and the daughter’s claims for accounting, making extensive findings. He indicated that he believed the mother’s testimony and, in accordance with Murphy v. Carron, 536 S.W.2d 30 (Mo. banc 1976) we accept his judgment of credibility. He does not find, however, that no gift was intended. He states that “the Uniform Gift to Minors Act may have been involved in setting up the two accounts at A.G. Edwards,” and that the mother “was not a sophisticated business person and was not told that she couldn’t dispose of the accounts in the manner that same were disposed of.” The court expressly directed that she remain as custodian for the son’s account, which implicitly rejects any contention that no effective gift was made. He denied the prayer for accounting, finding that “all monies withdrawn by [mother] were properly expended by her on behalf of [son and daughter.]” We conclude that the initial decree of dissolution confirmed the status of the two accounts as custodial accounts under the Uniform Transfer to Minors Act, that neither the record nor the court’s findings demonstrate a full and complete accounting, and that the case must be reversed and remanded for further proceedings.

Our General Assembly adopted the Missouri Uniform Transfers to Minors Act in 1985, replacing the Uniform Gifts to Minors Act then in effect. Both statutes have the purpose of facilitating inter vivos gifts to minors, unencumbered by restrictions on investments, formal accounting, and the like. Under § 404.087.2 RSMo 1986, the sometime use of “gifts” rather than “transfers” in describing the custodial arrangement is of no significance, and the provisions of the new statute apply.

The pertinent portions of the statute read as follows:

404.011 Transfer of Property to a minor by transferring to a custodian, effect — power limitations — Property may be transferred to a person, who is a minor on the date of the transfer, by transferring the property to a custodian for the minor under sections 404.005 to 404.094.
404.014. Present transfer of property, effect — A present transfer of property to a custodian for a minor ... is irrevocable and indefeasibly vests ownership of the property in the minor subject to the custodianship provided in sections 404.005 to 404.094 for the benefit of the minor....
404.047. Transfer of property to custodian, procedure, forms — receipt for delivery of property deemed a release — 1. The designation of a custodian and transfer of property to the custodian shall be made in the following manner:
(2) If the subject of the custodianship is money or an unregistered security, by having it paid or delivered to a broker or financial institution for the account of the person designated custodian followed in substance by the words: “as custodian for . (name of minor) under the Missouri Transfer to Minors Law[.]”
Sec. 404.051 Powers of custodian, limitation termination of custodianship, when, procedure degree of care required for custodial property.
2.

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Bluebook (online)
913 S.W.2d 852, 1995 Mo. App. LEXIS 1908, 1995 WL 686625, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gulmen-v-gulmen-moctapp-1995.