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Updated about 10 years ago on . Most recent reply

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604
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Jim Viens
  • Rental Property Investor
  • Kansas City, KS
222
Votes |
604
Posts

Minor in title

Jim Viens
  • Rental Property Investor
  • Kansas City, KS
Posted

Couple of questions. I have a property I'm about to get under contract. BUT...an initial title search shows that the property is actually in the name of the 14-year-old daughter of the guy I've been talking to (long story). My questions are: 

1) Could the dad sell the property on her behalf under a POA or do they have to file for a conservatorship?

2) How should the contract be executed (who can/should sign?)

Thanks in advance!

Most Popular Reply

Account Closed
  • Investor
  • Central Valley, CA
3,729
Votes |
6,037
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Account Closed
  • Investor
  • Central Valley, CA
Replied

A minor who is not illegally emancipated cannot sign deeds or other legally binding documents.  Don't make any assumptions about who can sign anything.  It might not be the parents, the minor may have other legal guardians and/or the court is supervising her affairs.  She may be a ward of the state.

What's the vesting on the deed into the daughter?  If no planning was made at the time of the deed (trust or conservatorships), you may be looking at court actions to establish a signor.  Again, make no assumptions about the rights of the parents, as they may have none. There's a reason that the title is messed up by including a minor.  In my experience, deeding to a minor without legal help indicates family, custody and financial distress.  

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