Legal Question in Real Estate Law in New Jersey

Re: deed and teen

This is a response to an Internet question and a reply is not intended to create an attorney-client relationship.

Under no circumstance should you add your young son's name to your deed.

First, as a minor, he cannot legally "own" property.

Second, by putting his name on the deed with yours, you impair your ability to get a new mortgage, sell or otherwise deal with the property.

If you want to provide for your son, you should have a Will, and Will documents, such as an Advance Health Care Directive, Health Care Power of Attorney, and a Durable Power of Attorney [for other than health care issues].

Even if you have very few assets, if you have a child you should appoint someone to be his guardian in the will, and [not necessarily the same person, to be Trustee for any property including money that must be left in trust for your son until he reaches the age of majority.

If you have other concerns about owning your home in only your name, you should discuss those with an attorney who concentrates on real estate and estates [Wills etc.]

Re: deed and teen

I agree with Miriam, but suggest a living trust to accomplish what you want. Although a minor, your son can be a beneficiary of the trust, and you can be the Managing Trustee on his behalf. This will enable you to deal with the property until your son attains his adulthood, and beyond, deferring his enjoyment until such time as is specified in the trust document, such as when you pass away, become incapacitated, etc. I strongly recommend that you discuss this with an attorney, like myself, who specializes in these matters so the proper document is prepared, you are protected, do not impair your ability to deal with the property until you decide to turn it over to him, etc. If you have questions or need more information, contact mje directly.