Legal Question in Real Estate Law in New Hampshire
underage property owners
What is the legal age to be a NH property owner. We bought land for each of our 3 children in 1998. The town allowed us to put each piece of property in each childs name. We need to add one of us (a parent) to each of the underaged childrens deeds and have been told by the title co. that it can only be done by a lawyer and a probate judge assigning a guardian to each child, as no notary will affix their seal to a childs signature if the child is under 18. Why a guardian from a Probate Judge? SInce we bought the property and deeded it to the children, who is the owner? the purchaser or the underaged child?
1 Answer from Attorneys
Re: underage property owners
It seems like you are trying to do some estate planning to provide for your children and protect against third party interests. The "owner" is the person whose name appears on the deed. Once the property was transferred to a minor (gifted), a parent cannot take back an interest in the property and act on behalf of the children. Plese contact me if you would like our assistance in effecting this transfer and planning to avoid these types of estate entanglements.
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