Legal Question in Real Estate Law in California
juvenile inheritance of real property
I own a house and I want to leave it to my granddaughters to share equally and one granddaughter is a minor child. My question is: Can a juvenile inherit real property?
4 Answers from Attorneys
Re: juvenile inheritance of real property
No. you can accomplish what you want via a trust. Give me a call.
Re: juvenile inheritance of real property
Minors can inherit real property, although you may wish to appoint a guardian or trustee to manage the property until she reaches the age of 18 or someother age that you designate. You should see a local estate planning attorney to set up a living trust to help accomplish this.
Re: juvenile inheritance of real property
Any inheritance by a minor would need to be held in trust. You may wish to establish a trust now that will stipulate when you would want the minor child to actually receive the property.
Re: juvenile inheritance of real property
Yes, minors can inherit (or otherwise receive as a gift) and own real property, but they can't sell it before reaching the age of 18 without a court order. This isn't necessarily a bad thing, but you need to give some thought as to how the property will be managed and by whom occupied while the child is too young to sign contracts.
As a general rule, estates that are large enough to include real estate are also large enough to warrant retaining an attorney who specializes in estate planning to set up a trust and provide for interim management of the house by a competent and trustworthy adult as trustee.