Stone Mountain, GA asked in Estate Planning for North Carolina

Q: Can land in the State of North Carolina be left to my minor son

My father has put land in my minor son and my name. Is this legal in NC? My siblings are trying to contest this because my son is on the deed also.

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1 Lawyer Answer
Kenneth V Zichi
Kenneth V Zichi
Answered
  • Estate Planning Lawyer
  • Fowlerville, MI

A: In most states, a minor has the legal capacity to acquire ownership of property, but the CONVEYANCE of property

held by a minor can be difficult.

SOME states specifically require any such gift be done in a form consistent with the Uniform Gift to Minors Act or similar state legislation.

Without seeing the document that created the ownership interest it is impossible to say for sure what the status is, but it is ALMOST ALWAYS a bad idea to directly list a minor on a real estate deed. Who gave your father this advice and I hope they will stand behind it! Seek local legal counsel ASAP.

-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.

I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice

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