Legal Question in Real Estate Law in California

Titling

Could the children (minors) be added to the parent's property (house) title?

Thanks,


Asked on 12/21/02, 4:02 am

2 Answers from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

Re: Titling

Sure, but if you want to do so you should use a trust rather than transfering title to minors directly because they do not have the ability to legally transfer property themselves.

You should talk to an attorney about what you want to accomplish. He or she can give you your options, the pros and cons, and you can go from there.

If you want you can call me and we'll arrange an initial consultation without charge.

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Answered on 12/21/02, 9:55 am
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Titling

They can, but it's not a good idea. If you later sell the property, you need their permission, and if they're under 18, a legal guardian must be appointed.

A trust is a better idea, as this will avoid probate and preserve their interest in the property if something happens to you. You can name someone to act as trustee and preserve their portion until they reach a certain age beyond 18.

Even if you don't want to pay for a trust, a will with trust provisions will accomplish the same thing if you pass away before the last child turns 18. See an estate planning attorney about your options--you're likely better off doing something other than naming them on the deed.

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Answered on 12/23/02, 7:49 pm


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