Children and the Law

Can real property be deeded to a minor?

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2005-11-14 06:46:46
2005-11-14 06:46:46

Most states allow minors to own property. To what extent they can exercise control over the property will vary by state.

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No. The home could be quit claimed to a trust for the benefit of the minor, but a minor cannot own property.

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A minor cannot own real property. It could be held in a trust for the minor.

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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.

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No, a minor can not. Someone would have to hold it in trust for the minor.

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If a person on social security disability inherited a property and then "deeded" it to a person who is underage there is one property. Why do you think there are two?

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That would mean a property owner who acquired their interest in the property by virtue of a deed.

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Of course. The transfer of real property will add assets to his profile and may cause a change in his benefits. It also may eventually result in a medical assistance lien on the property to pay back benefits. You should consult with an attorney who specializes in special needs trusts before making this transfer.

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Anything younger than 18 is a minor. Until then they cannot contract or hold real property.

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A deeded piece of land is a property that has been signed over to you. It could either have been paid for or given to you as a gift.

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If they deeded the property to anyone during their lifetime it belongs to that person & won't be included in the probate, unless the property was part of a family trust, or some other arrangement.

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Unless other arrangements are made, the creator of the copyright, first user of the trademark, or inventor of the patent is the first owner. Intellectual property can be transferred like real property (deeded, sold, etc.), but is more frequently licensed.

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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.

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They can't, they are not an adult and cannot own real property. However, a trust could be created to hold the property, with the minor being the beneficiary. But that requires an adult holds the property in trust for the minor.

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No. All the grantees must be listed on the deed. If three children were listed as the grantees then they are the owners. In order for an interest in real estate to be transferred by a deed there must be granting language and the receivers of that interest must be named in the deed as the grantees.

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All the owners of real estate must sign a mortgage that will affect the property. The bank will take into consideration the amount that is already owed on the property for the first mortgage and the ability of the owners to take on more debt.

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If mom conveyed her property to her son by a deed prior to her death then the son is the new owner of the property. When mom died she no longer owned it.

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No. Property can be held in trust for a minor.

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Absolutely not. The person who transferred the property to an irrevocable trust no longer owns the property. Their deed would be null and void. The trust can sell the property as long as that power was granted to the trustee in the Declaration of Trust. For an effective transfer of the property the deed of transfer must be executed by the trustee.

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California Uniform Transfers to Minors Act (CUTMA) Under California law, a minor may own real property or an interest therein (Estate of Yano (1922) 188 Cal. 645, 649), but a minor may not convey or make contracts relating to real property. (Fam. Code, § 6701, subd. (b).) Therefore, a minor cannot sell or purchase property held directly in his or her own name, and, as a practical matter, transactions involving minor’s interests in real property are usually conducted indirectly, through a guardianship or trust. The California Uniform Transfers to Minors Act (Prob. Code § 3900 et seq.) (CUTMA) provides a statutory mechanism for transferring property to an adult “custodian” for the benefit of a minor.5

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If there are any assets and debts, the estate will be probated. The assets do not have to include real property. If the individual deeded the property to another prior to his passing, the property belongs to the deed hold.

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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.

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No, the mortgage is a debt of the estate. That mortgage must be resolved before the property can be transferred.


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