No. The minor should be represented by a conservator or Guardian Ad Litem approved or appointed by the probate court.
A minor is not capable of owning property. It is probably being held in trust for the minor. The executor, if they are also the trustee, can also sell the property on behalf of the minor.
Generally, in cases where a minor inherits property the court appoints a guardian ad litem to protect and oversee the child's interests in the estate. In the case of a sale of property by the court-appointed executor the guardian ad litem must consent to the sale.
No, a minor cannot hold title to real estate. The property will go into a trust for the benefit of the minor until they reach the age of majority.
No, a minor can not. Someone would have to hold it in trust for the minor.
The minor children have no standing to protest. Their guardian would have to object.
The court will appoint an administrator/executor/trustee, if no one is named in the will.
Yes, an only child will inherit if there is no spouse. If they are under the age of majority, it will be held in trust until they reach the age of majority (18). If there is no will the custody of the child will be assigned to a guardian and the executor of the will can be assigned by the probate court usually an attorney or a bank. The executor has the right to make all decisions regarding the estate (all property to include homes, cars, bank accounts, etc.) on behalf of the minor. The executor may also opt to sell said property with the courts approval. IF you do not agree with who they put in charge of the estate (the executor- probably one of your grandparents) you can contact a Guardian Ad Litem and ask them to file for a contestation hearing in probate court on your behalf. More than likely the probate judge will have your GAL's fee's paid out of the estate.
Generally speaking, a minor cannot own real estate in the United States. That said, minors who have been legally emancipated can own property. This means that in some states, a minor that is married can own real estate because they are usually considered emancipated.
Yes, if it's too soon in the probate process to make distribution. An executor must collect and manage the assets of the estate during the probate process, which usually takes six months to a year. He/she must collect the assets and file an inventory with the court. During that process she/he must pay any debts or claims and file any state and federal estate tax returns if necessary. That must all be done BEFORE the executor can distribute any assets to the beneficiaries. The executor is in charge of the assets until they are free and clear of the probate process.
If your parents quitclaim their property to your daughter then she would own the property. If your daughter is a minor you should seek the advice of an attorney before allowing such a transfer. When a minor owns real estate a guardian must be court-appointed to handle any issues regarding the real estate. It could not be mortgaged or sold without the guardian's, and court's, consent. The parent's cannot automatically act for the child regarding real estate owned by a minor.
No, they cannot. A minor cannot sign a legally enforceable contract and real property requires a written agreement. However, a trust can be set up on behalf of a minor to hold property in trust until they reach the age of majority, or some other age as appropriate.
After he died, the court-appointed estate administrator or executor (and probably an attorney) would determine who owned the property and who should receive it under interpretation of the will or the laws of intestacy, after satisfaction of other obligations, and subject to court approval. The spouse will typically get all the property from the deceased, though if there are minor children it may be split out. The spouse usually has Homestead or Dower rights in the property.
The contents of a Will are your parents' personal and legal business. It is none of a child's business unless the parent shows you the Will, includes you in estate/will planning, or you are named the Executor/Executrix of the Will (this is not a minor child). When the parents die, the Executor/Executrix can contact the parents' Attorney to get a copy of the Will, if it's location is unknown at home.
The parent holds the rights to the property in trust for the child. They can sell the property and place the money into trust. When the child comes of age, or there is need to use the money, it can be put into use for the child's welfare.
No. Property can be held in trust for a minor.
A minor cannot own real property. It could be held in a trust for the minor.
It would be very unusual for a minor child to be appointed an executor of any estate. Nevertheless, anyone who accepts the position and/or named in a Will to the position can request the court to be released from that obligation.
It will be assumed that the minor inherited real estate from the father's estate. First, the father's estate must be probated. The court must appoint a legal representative to manage the father's estate. Once appointed, that representative can request a license to sell the real estate. The father's debts, if any, must be paid first. The net proceeds will be placed in trust for the minor and the court will appoint a guardian for the child.You should contact an attorney who specializes in probate and family law who can review your situation and explain your options.
A minor cannot legally own property. Property can be held in trust for the minor until they reach the age of majority, usually 18.
Property held in a joint tenancy passes automatically to the surviving joint tenant. However, if the father owned any other property in his own right when he died then a claim can be filed against his estate on behalf of the minor child. The child would also be entitled to Social Security benefits.Property held in a joint tenancy passes automatically to the surviving joint tenant. However, if the father owned any other property in his own right when he died then a claim can be filed against his estate on behalf of the minor child. The child would also be entitled to Social Security benefits.Property held in a joint tenancy passes automatically to the surviving joint tenant. However, if the father owned any other property in his own right when he died then a claim can be filed against his estate on behalf of the minor child. The child would also be entitled to Social Security benefits.Property held in a joint tenancy passes automatically to the surviving joint tenant. However, if the father owned any other property in his own right when he died then a claim can be filed against his estate on behalf of the minor child. The child would also be entitled to Social Security benefits.
No. You must be 18 to own property. Until that age, any property must be held in trust for a minor.
In most cases the estate must be entered into probate before any property can be disbursed either through the terms of a Will or by the probate succession laws. What property is exempted from probate and can pass directly to the beneficiary is determined by the laws of the state in which the deceased last established residency.
what can a minor be charged with for desruction of property first offense?
estate taxes on property transfers, estate planning not involving property, living wills, delegation of health care decision-making, and gifts to as well as guardianship of minor children. Related legal forms involve living trusts and gift strategies.
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