Full question:
Transferred property to grandaughter age 11. Her parents still living. Need to file a Deed of Rescission to return property to original tax base. Where can I get proper form and who signs on her behalf?
- Category: Real Property
- Subcategory: Deeds
- Date:
- State: California
Answer:
In California, a minor cannot effectively execute a deed that transfers property title. A deed signed by a minor creates a title defect until they reach legal age (eighteen) and ratify the deed. Once they turn eighteen, the deed can be voided.
If a minor owns real estate and it’s in their best interest to sell or convey their interest, a court-appointed guardian must represent them. This guardian needs to obtain a court license to sell real estate. Additionally, the court usually appoints a guardian ad litem to review the case and report whether the sale is in the child's best interest.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.