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quitclaim to a minor?

Posted on: 01st Jun, 2006 10:26 am
who has authority/signiing power when property is quit claim deed to a very young minor? we presently purchased 10 acres in idaho from my sister-in-law. the land we purchased is in herand her husbands name (75% theirs and 25% to a cousin who lives out of state). our land has never been surveyed, etc. but is recorded. my sister-in-law is thinking of transferring all her property (this section referred to above, and all other land they own) to her great niece who she has been raising like a daughter and has legal rights as her daughter. how will this affect our situation..?? i would like to get this property surveyed and titled... it is very gray right now in my opinion???
thanks, joe beck
I think the legal parents have the authority to sign the legal documents for a minor. Do check with an attorney before the deed is prepared.
Posted on: 01st Jun, 2006 10:36 am
Hi Joe,

Since your daughter is a minor so, you have the authority to sign any legal documents for her.

As her legal parent you have to take care of all the legal matters until she becomes an adult. I don't think that will be a problem if done right now but a lawyer can give you better suggestions.

Also, you need to consult an attorney and get everything prepared and done under his guidance only.

Posted on: 01st Jun, 2006 10:58 am
Personally I won't say it is wise on your sister-in-law's part to quit claim her interest in the property in the name of your daughter as she is still a minor, although I don't have any doubts with the good intentions of her.

Minors can take title to real estate but they do not have the power to convey. As your daughter's legal parents you can sign the deed on behalf of her.

As others suggested I too agree that you along with your sister-in-law should talk to an attorney and take his suggestion on how the deed can be executed and whether a quit claim at present is a good solution.
Posted on: 01st Jun, 2006 11:14 am
Hi, thanks for all the replies,,, however, the minor in question is not my daughter, she is my sister-in-laws great niece who is being cared for by my sister-in-law,, and i do not trust my sister-in-laws intentions... it is a dysfunctional household to say the least...

again, thanks for the input
Posted on: 01st Jun, 2006 01:37 pm
Hi Joe,

Welcome to MortgagFit Forums.

I can understand your anxiety. But since the deed for the part transferred to you is recorded in your name so your claims can't be denied.

You need to get the necessary survey done so that she can't create any problems to it. If she wants to transfer the land already deeded to you then, she has to take your signatures also. So, don't get worried.

But for clarity you must talk to an attorney now and show the documents that you have. He will suggest you if anything additional required to protect your interest.

God bless you.

For MortgageFit,
Posted on: 01st Jun, 2006 01:54 pm
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