By Chuck Roulet, Attorney · Licensed in Florida and Minnesota
Short answer: You shouldn't name a minor child directly on a deed. A child can't sign to sell or manage a house, so a court may have to get involved until the child turns 18. A trust can be named on the deed instead.
Why a Child Can't Own a House on Their Own
If you pass away and the house goes straight to a child under 18, the child legally owns it. But a child can't sign a deed, a listing agreement or a mortgage. Banks and title companies won't deal with them.
That usually means someone has to go to court to get authority to act for the child. Court involvement can mean filings, fees, reports to a judge and delays. It's the kind of process the deed was supposed to help you avoid.
And when the child turns 18, they get full control. Few parents want an 18-year-old deciding alone what to do with a house.
Name a Trust Instead
One viewer asked about naming a trust for their minor children on the deed. That's a smart question. Instead of naming the child, you can name a trust as the beneficiary. The trustee you choose manages the house for your children. You decide how long the trust lasts and when your children get control.
Then Ask the Next Question
Once families hear that, many ask: "If I need a trust anyway, why not just put the house in the trust?"
Often, that's the better answer. A trust that owns the house can handle what happens if you become ill, what happens when you pass away, and how your children inherit, all in one place. And one person, the trustee, signs when it's time to sell.
Florida also has special rules about who can receive a homestead when you have a minor child. That's one more reason this decision shouldn't be made with a form.
Watch the Video
I answer this question in my video "I Already Signed a Lady Bird Deed — Now What?" above.
Read the full article: I Already Signed a Lady Bird Deed — Now What?
If you have young children and a Lady Bird deed, schedule a consultation with our Venice, Florida at 941-909-4644 or you can fill out the contact page on this form and a member of our team will reach out to you.
About the Author
Chuck Roulet is the founding attorney of Roulet Law Firm, P.A., with offices in Minnetonka, Minnesota and Venice, Florida. He has practiced estate planning and elder law for nearly 30 years and is one of very few attorneys licensed in both Minnesota and Florida. Chuck has trained more than 35,000 attorneys and financial professionals as a continuing education speaker and is the author of three books, including The Florida Snowbird Guide. Florida: 941-909-4644 · Minnesota: 763-420-5087 · rouletlaw.com
This page is general information, not legal advice. Reading it does not create an attorney-client relationship.
