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TRANSFER OF PROPERTY (QUICK CLAIM DEED)

Santa Ana, CA |

Can a person do a transfer of ownership through a Quit Claim (as a gift) to their 3 year old grand child? Legally is it possible to have the property transferred to the child even though he is a minor? Or is there a different type of procedure that must be done rather than the normal recording of the Quit Claim?. Any information would be greatly appreciated. Thank You.

Attorney Answers 3

Posted

A minor does not have legal capacity to own property. You could put the property in a trust for the benefit of your Grandson.

This answer does not constitue legal advice, nor does it creat an attorney/client relationship. If you are seeking legal advice upon which you intend to rely, you should hire competent cousel familiar with this area of the law in your locale.

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3 lawyers agree

Posted

Minors can not own property. Even if they could, they can't legally enter into contracts or sign the legal documents related to the property. Create a trust and deed the property into the trust. In my opinion, this is better than if you transfer the property to someone you trust to be held in trust for the minor grandchild.
OSCAR E. TOSCANO
Los Angeles Real Estate Trial Lawyer

I am licensed to practice in the state of California. I handle cases from Sacramento to San Diego. I have handled cases in Federal District courts from Alaska and throughout the United States. My comments and opinions are based on California law and are based on the limited information provided in the question. Legal questions are usually fact specific and a few facts can and often does change the opinion I would give. It is better to consult with an attorney in your jurisdiction (your geographic area) and provide specific details regarding your case in private. You would get more specific advice. The contents of the conversations with your attorney are confidential and are protected from being revealed. The statements made in this public forum (AVVO) are not confidential and could be revealed. Therefore, you must be very careful in the details you provide. Do not disclose information that could be a crime or that could be used in order to prove a crime was committed. If you are in California and want to clarify any of my answers, feel free to contact me.

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1 lawyer agrees

Posted

Nice idea, but I agree with the other 2 attorneys.

My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA. These answers do not create an attorney client relationship. My answers may offend I believe in telling the truth, I use common sense as well as the law. Other state's laws may differ.. There are a lot of really good attorneys on this site, I will do limited appearances which are preparation of court documents it is , less expensive. However generally I believe an attorney is better than none.

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