Legal Question in Wills and Trusts in West Virginia

Custodial Parent as Guardian of Minor

My sister and her husband divorced in 1996. Her husband got custody of the children in the divorce decree. My sister passed away in 1998. We are settling my fathers estate of which my sister is one of six heirs so her two children will receive her portion. One of the children will not be eighteen until October 2008. The estate consists of my fathers house which we are trying to sell. I am told each heir must sign a quitclaim deed but because my niece is not 18 we have to go to court to have a guardian assigned. Would not her father be that guardian to sign for her? Her portion is approximately 3,000.00.


Asked on 4/16/08, 4:25 pm

1 Answer from Attorneys
Thomas Zimmerman Zimmerman Law Office

Re: Custodial Parent as Guardian of Minor

A court must approve the sale of real estate of a minor.

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Answered on 4/17/08, 8:28 am


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