Q: Can an 8 year old sign a renunciation of voluntary administration?
My daughters grandmother passed supposedly without a will. My daughters grandfather wants my daughter to sign a renunciation of voluntary administration. Is this something she can sign? Would I sign for her? Is this legal? He isnt going through a lawyers office.
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A: No. An 8 year old lacks the legal capacity to sign any kind of contract or agreement. A guardian ad litem may need to be appointed in the case and make the decision for her, which might be not to sign.
Benjamin Z. Katz agrees with this answer
A: In NYS, SCPA 1303(a) addresses this issue, as it addresses qualifications of a voluntary administrator in an intestate estate. No, an 8 year old cannot serve as an administrator, so I can think of no reason why he wants a waiver from her, not that such is necessarily a valid instrument anyway.
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