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:
Generally, a minor cannot execute a deed that transfers title effectively. In California, a minor is anyone under the age of 18 who has not be formally emancipated. A deed executed by a minor would constitute a title defect until the child reached legal age and ratified the deed. On the other hand a deed executed by a minor could be voided when the child reached legal age.
If a minor owns an interest in real estate, and it is the child's best interest to convey their interest, a court appointed guardian must represent the minor in the sale. The guardian must obtain a license to sell real estate from the court. Generally, the court will also appoint a guardian ad litem to review the case and report back to the court 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.
