Legal Question in Real Estate Law in Pennsylvania

My wife & I own a Townhouse in Bucks County, Pennsylvania. Can we transfer the deed of the house into our little daughters (9 yrs & 7 yrs) names? the townhouse is all paid off. Is this transaction legal and in accordance with the real estate laws?


Asked on 10/06/10, 10:12 am

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

Minors do not have the legal ability to hold title to property. You may transfer the property to a trust for them.

The important question is why do you want to transfer title to them now? If you have heard about avoiding PA inheritance taxes, when they inherit the property, there will be a low tax, since they are "lineal" heirs, meaning directly descended from you.

If you've heard that estate administration is expensive and complicated - that is a myth. Other states may have expensive and complicated estate administration, but PA is not one of those states.

It is important for you to consider your reasons for the transfer, and the various positive and negative impacts of doing so, as well as alternate way of achieving the result you want. Only consultation with an experienced estates attorney would be able to help you.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

Read more
Answered on 10/11/10, 2:32 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Pennsylvania