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How to get minor child off deed put there by mistake

Beckley, WV |

Closing lawyer and Realtor failed to advise how to hold title when buyer expressed he was disabled and dying. Never was it the intent to be co-owners with a child but rather to see child got the home in the event of death. deed shows them as Joint Tenants with rights to survivorship. Father contracted to sell home and re-invest in bigger better home but come time to close father buyer discovers child on deed their lawyers say dad must do a long costly process of requesting court permission Dad is child's payee did buy home with his back pay.. No trust was made in writing, no transfer, no gift in writing all are required by WV Code. Child is named as adult not as a minor, Closing Lawyers office rep already admitted to the mistakes not advising, not realizing it was a minor.

Attorney Answers 1

Posted

Appoint a guardian for the child for the limited purpose of executing the deed. An experienced attorney should be able to help.

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Thank You, I will call about that ASAP I am getting to many mixed message from these local lawyers sadly its not a vary lawful area We discovered and its all likely been a big scam from the start the people wanting to buy our home wanted it before we got it we just beat them to the draw. we been nothing but attacked basically from day one. But we just felt you want it that bad have at it. But now this roadblock and today the closing lawyers office changed its tune said they didn't work for me, the Realtor told them I wanted the child on the deed and made me fully aware of what it means to put a child on a deed when it fact the Realtor did not and it wasn't their job to. I hired the closing Atty it was their job to fully go over the deed and let me know if what I wanted could be done and what trouble it could present. today I was told I couldn't have put the child on the deed and stipulated only ownership upon my death. i said well you should have told me that I got the again its not their duty and its the Realtors fault an mine for not checking. I bought the home from Fl I had no one of checking or knowing their laws in WEST Va. or even knowing a child on a deed was any big deal thinking parents rights, kids can't sign contracts and such. I will try appointing and getting a lawyer to help I suspect they are going to say no only their court can appoint. One lawyer wants $3500.00 to Plan A request the child be removed from the deed. Plan B another $3500.00 to request to sell ant not lock away half the money in a trust which would prevent the purchase much less the renovations needed to move in an moving cost. personally I find this exploitation towards elderly and disabled people with no economical or quick remedy. Few folks do this and that seems to be the class of victims. Many of our rights are violate here in a act like this we try to protect our children and a state turns around and without just cause forces itself into our private business. with not a shred of proof we did anything wrong or will do anything. The child in the end ends up with better location higher valued home. This is the worst kind of discrimination I think nothing about this shows any court protecting anyone much less a child who is angry that we are told we can move offered to take his name off. I hated to explain its can't be, that isn't right i will walk out of here if I have to the child says. I am sorry this is child abuse by the state the closing attorney and abuse and exploitation of a dying disabled man and a slew of civil, human and constitutional rights violations here no free movement, no free enterprise or due process or equal protection or right to life liberty pursuit of happiness. We Will Do as you say lets see what they say on this end but I suspect this little GOB network is going to say cash and gamble your home or be at risk of breaching your purchase contract and your buyers over something we had no idea was a cloud on our deed. Thank you for helping and I'll post what is said and done from this end thank goodness at least its still in limbo and no losses yet except my earnest money if it crumbles through I guess which even that is a lot to me, sorry to say it sucks being disabled it really does.

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