Legal Question in Wills and Trusts in Alabama

Re: real estate and property

No. A conservator or trustee must be named or appointed by the Court. See a lawyer.

William G. Nolan

www.NolanElderLaw.com

Re: real estate and property

Putting the property or vehicle in the minor's name is not the problem. However, it this were to be done, then absolutely nothing can be done with either the land or the car until the child reaches age 19 if a resident of Alabama at that time.

That means if parents needed to borrow money on either the land or car, or perhaps sell either, then that transaction could NOT take place until the child reached age 19, that is, not unless a court approved the deal.

However, the property can be held by another adult as the "custodian" for the minor, but then you may have concerns about the possibility that such adult custodian might take "liberties" with the child's property and it is no longer there when child reaches age of majority (19 in Alabama).

You say the property can not be deeded in parents' name due to illness -- is this due to a concern and wish to avoid the reach of their creditors?

Whose name is the property currently in, perhaps a grandparent?

We would need more information before we could properly advise on this issue.

If property is already in the grandparents name, say for example, they could place it in a trust for the grandchild or all the grandchildren, and remain the trustee until the grandchild got to say age 25, or the parent(s) recovered sufficiently to take over management of the trust for the child or children. This avoids court and bank trustee fees, and since the property, in this example, is already in the grandparents' name, one would assume they would likely not be taking advantage of the grandchild and would not be needing the property in the future, otherwise, they would not be wishing to transfer it out of their names.

You should take to a local attoreny, and please let us know if we can be of assistance to them or yourself. Best of luck, and have a blessed weekend and Lord's Day. Chip