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Does a 17 year old have the legal right to sign over the deed to real estate?

Asked over 2 years ago - San Leon, TX

Minor child with property in her name. It was willed to her. Does she have the right to sign the legal document without being emancipated?

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Attorney answers (2)

Andrew Daniel Myers

Reputation Level 20

Answered over 2 years ago. Personal Injury Lawyer in North Andover, MA.

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NO. The age of majority is 18 in Texas. A minor lacks capacity to own real estate or to sign contracts. Whoever wrote the will should have also included a testamentary trust, and the trustee would have held the property until a time designated in the will, and could have disposed of it if it was in the minor's best interest. The alternative would have been a living trust.
Back to the actual question, through the probate of the will, the court will need to name a conservator or other person to hold the property with legal authority until the minor attains the age of majority.
NOTE: I'm from New England and you should check a Texas attorney. I'm only providing this for informational purposes because your question has been unanswered for a while.

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Alan James Brinkmeier

Reputation Level 20

Answered over 2 years ago. Lawsuit / Dispute Attorney in Chicago, IL.

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A minor lacks capacity to own real estate or to sign contracts. The age of majority is 18 in Texas. Check with a lawyer in your locale to discuss more of the details.

Good luck to you.

God bless.

NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

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