Posted on: 01st Aug, 2011 08:03 am
My mother has 2 house payed off. She wants to put my 2 girls that are menors only in the deed. Well it be a problem when she pass away.
I believe you meant "minor" (someone not of legal age). Minors are not eligible to own real estate, so the answer is that what you're trying to accomplish isn't possible.
Seek out legal counsel, and you may find that your mother would be able to create a trust that would eventually pass along ownership to the two girls.
Seek out legal counsel, and you may find that your mother would be able to create a trust that would eventually pass along ownership to the two girls.
Hi jaydt!
Welcome to forums!
I agree with what George has said. Minors cannot own real estate property. If your mother wishes, she can put the property in a trust and declare your daughters as the beneficiary of the trust. But of course, consulting a legal professional in this regard will be the best option.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
I agree with what George has said. Minors cannot own real estate property. If your mother wishes, she can put the property in a trust and declare your daughters as the beneficiary of the trust. But of course, consulting a legal professional in this regard will be the best option.
Feel free to ask if you've further queries.
Sussane
California law allows minors to own Real Estate, so it depends on the State you live in - here's a good link that reviews how it works in California:
https://secure.ssa.gov/poms.nsf/lnx/1507215006
Start with the "SUMMARY OF OPINION" section, California:
Q: Does the State permit a minor to hold title to real property or personal property such as an automobile?
A: California has no general preclusion against minors holding title to real or personal property. As discussed in the attached opinion, its statutory and case law are, at least by implication, essentially consistent with the right of minors to hold real and personal property, as recognized by the U.S. Supreme Court in Oyama v. California, 332 U.S. 633, 68 S.Ct. 269 (1948). Specific limitations apply, however, with respect to ownership of a motor vehicle, as discussed below.
https://secure.ssa.gov/poms.nsf/lnx/1507215006
Start with the "SUMMARY OF OPINION" section, California:
Q: Does the State permit a minor to hold title to real property or personal property such as an automobile?
A: California has no general preclusion against minors holding title to real or personal property. As discussed in the attached opinion, its statutory and case law are, at least by implication, essentially consistent with the right of minors to hold real and personal property, as recognized by the U.S. Supreme Court in Oyama v. California, 332 U.S. 633, 68 S.Ct. 269 (1948). Specific limitations apply, however, with respect to ownership of a motor vehicle, as discussed below.
You haven't mentioned on what country are you in. Since country's has different rules in terms of loan rights. However, if your mother has plans to transfer the property to your two daughters, you can ask for an expert's advice regarding on your concern.
By all means try to find an expert...yup, that's it.