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