Can a Child Inherit Real Property in Pennsylvania?

Full question:

My partner just passed away, we have a 10 year old son. We were legal domestic partners in the state of New York and we lived there, we still do, but he also owned a house in Philadelphia. He was a professor and his job couldn't send his last pay and vacation to me as we were not married and couldn't send to our son because he was too young. His mother kindly agreed to accept the funds and then would reimburse us, however, she has kept the money and told me that I can't have access until I sign a renunciation form on his estate. I refused. I was told by her that he had left the house to her and our son, but a child cannot own property in Philadelphia. Once she blackmailed me regarding the renunciation, I called Philadelphia Wills who told me that children can inherit property. The house is not worth a lot and my partner was not affluent by any means. I was head of household. I don't want to go into any litigation, however can she supercede our child by not declaring him as next of kin. I am concerned that she will do something illegal or unethical in his name or mine.

• Category: Wills and Estates
• Subcategory: Probate
• Date: 04/07/2025
• State: Pennsylvania

Answer:

The personal representative of an estate has a duty to carry out the directions of the deceased as expressed in a will or distribute property to next of kin under the state laws of intestacy if there is no will. Minors cannot generally own real estate in their name. The age of who is a minor varies by state. For example, it is 18 or older in Pennsylvania. For leases, the lease is gnerally voidable (not void or invalid) by a minor who signs it but could be binding on the landlord. Real estate can be conveyed to an adult or trust for the benefit of a minor. If a minor acquires an interest in real esate by inheritance, court authority is required for them to sell or lease the property which is usually handed in a guardianship proceeding for the child.

If a minor is emancipated by court order or statute (laws), then the rule does not apply and they can own and lease real estate. Some laws provide that if a minor is married, for example, that they will be considered emancipated.

For further discussion, please see:

http://www.lawfiles.net/managing-property-for-a-minor-child/

Please see the following PA statutes:

20 Pa.C.S.A. § 5303. Nomination of custodian

20 Pa.C.S.A. § 5303. Nomination of custodian

(a) General rule. — A person having the right to designate the recipient of property transferable upon the occurrence of a future event may revocably nominate a custodian to receive the property for a minor beneficiary upon the occurrence of the event by naming the custodian followed in substance by the words: "as custodian for (name of minor) under the Pennsylvania Uniform Transfers to Minors Act." The nomination may name one or more persons as substitute custodians to whom the property must be transferred, in the order named, if the first nominated custodian dies before the transfer or is unable, declines or in ineligible to serve. The nomination may be made in a will, trust or deed or in an instrument exercising a power of appointment or in a writing designating a beneficiary of contractual rights and registered with or delivered to the payor, issuer or other obligor of the contractual rights.

(b) Qualification of custodian. — A custodian nominated under this section must be a person to whom a transfer of property of that kind may be made under section 5309(a) (relating to manner of creating custodial property and effecting transfer).

(c) When effective. — The nomination of a custodian under this section does not create custodial property until the nominating instrument becomes irrevocable or a transfer to the nominated custodian is completed under section 5309. Unless the nomination of a custodian has been revoked, upon the occurrence of the future event, the custodianship becomes effective, and the custodian shall enforce a transfer of the custodial property pursuant to section 5309.

20 Pa.C.S.A. § 5309. Manner of creating custodial property and effecting transfer

(a) Creation of custodial property. — Custodial property is created and a transfer is made whenever:

(1) An uncertificated security or a certificated security in registered form is either:

(i) registered in the name of the transferor, an adult other than the transferor or a trust company, followed in substance by the words: "as custodian for (name of minor) under the Pennsylvania Uniform Transfers to Minors Act"; or

(ii) delivered if in certificated form, or any document necessary for the transfer of an uncertificated security is delivered, together with any necessary endorsement to an adult other than the transferor or to a trust company as custodian, accompanied by an instrument in substantially the form set forth in subsection (b).

(2) Money is paid or delivered to a broker or financial institution for credit to an account in the name of the transferor, an adult other than the transferor or a trust company, followed in substance by the words: "as custodian for (name of minor) under the Pennsylvania Uniform Transfers to Minors Act."

(3) The ownership of a life or endowment insurance policy or annuity contract is either:

(i) registered with the issuer in the name of the transferor, an adult other than the transferor or a trust company followed in substance by the words: "as custodian for (name of minor) under the Pennsylvania Uniform Transfers to Minors Act"; or

(ii) assigned in a writing delivered to an adult other than the transferor or to a trust company whose name in the assignment is followed in substance by the words: "as custodian for (name of minor) under the Pennsylvania Uniform Transfers to Minors Act."

(4) An irrevocable exercise of a power of appointment or an irrevocable present right to future payment under a contract is the subject of a written notification delivered to the payor, issuer or other obligor that the right is transferred to the transferor, an adult other than the transferor or a trust company, whose name in the notification is followed in substance by the words: "as custodian for (name of minor) under the Pennsylvania Uniform Transfers to Minors Act."

(5) An interest in real property is recorded in the name of the transferor, an adult other than the transferor or a trust company, followed in substance by the words: "as custodian for (name of minor) under the Pennsylvania Uniform Transfers to Minors Act."

(6) A certificate of title issued by a state or the Federal Government which evidences title to tangible personal property is either:

(i) issued in the name of the transferor, an adult other than the transferor or a trust company, followed in substance by the words: "as custodian for (name of minor) under the Pennsylvania Uniform Transfers to Minors Act"; or

(ii) delivered to an adult other than the transferor or to a trust company, endorsed to that person followed in substance by the words: "as custodian for (name of minor) under the Pennsylvania Uniform Transfers to Minors Act."

(7) An interest in any property not described in paragraphs (1) through (6) is transferred to an adult other than the transferor or to a trust company by a written instrument in substantially the form set forth in subsection (b).

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(c) Control of custodial property. — A transferor shall place the custodian in control of the custodial property as soon as practicable.

20 Pa.C.S.A. § 5305. Transfer authorized by will or trust

(a) General rule. — A personal representative or trustee may make an irrevocable transfer pursuant to section 5309 (relating to manner of creating custodial property and effecting transfer) to a custodian for the benefit of a minor as authorized in the governing will or trust.

(b) Transfer to custodian. — If the testator or settlor has nominated a custodian under section 5303 (relating to nomination of custodian) to receive the custodial property, the transfer must be made to that person.

(c) Designation of custodian. — If the testator or settlor has not nominated a custodian under section 5303 or all persons so nominated as custodian die before the transfer or are unable, decline or are ineligible to serve, the personal representative or the trustee, as the case may be, shall designate the custodian from among those eligible to serve as custodian for property of that kind under section 5309(a).