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?


Asked on 3/02/11, 11:14 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

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.

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Answered on 3/02/11, 11:23 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

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.

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Answered on 3/03/11, 9:51 am


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