Legal Question in Real Estate Law in Pennsylvania
putting a minor's name on a property deed
What is involved in putting a minor child's name on a real estate deed?I heard it would have to be put into a trust.If that is true can you use a parents living trust?Would the trust then have to be recorded at the government office?Can the childs name only be on the deedwith no trust?
1 Answer from Attorneys
Re: putting a minor's name on a property deed
Minors do not have legal capacity to own property. Therefore, property must be held in trust for the minor. This can be accomplished by the deed transferring the property or by setting up a trust.
However, putting title into a minor's trust complicates title and restricts what actions may be taken with respect to the property.
No real estate transfer is finalized without recording the deed in the County office that maintains land records.
You should consult a real estate lawyer in your county to advise you of your options. If you are older, you should also seek advice of an Elder Lawyer, because transferring property may jeopardize your rights to certain benefits.
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