Legal Question in Real Estate Law in California
Can a minor own real estate in california? Should it be through a trust, or what other ways of ownership are possible?
2 Answers from Attorneys
It occasionally happens that some kid is orphaned and inherits a vast business empire. I am not aware that a trust would be necessary, but if you are considering transferring real property to a minor you should consult your tax advisor.
Minors can and do own real estate in California.
Since minors generally cannot make enforceable contracts, such ownership usually arises from a gift - usually inheritance.
The valid contract limitation is also the main reason minors perhaps should not own real estate directly. They cannot sell it if the need arises; they cannot insure it; they may have trouble managing it or paying the taxes, and so forth. (These things can be done with a court order, sometimes).
Ownership can be direct, or the minor can be the beneficiary of a trust with an adult as trustee, perhaps to be replaced by the minor upon reaching his/her 18th or 21st birthday.
Anyone planning to transfer property to a minor (or an adult, for that matter) should get a lawyer's advice as to the wisdom of doing so, including tax advice, counsel on fraudulent transfers, and the duties of a trustee.