Friday, February 28, 2014

Can a minor own property separate of their parents or guardians, such so that a parent could not for example take it away? What precedents w...

Question

Can a minor own property separate of their parents or guardians, such so that a parent could not for example take it away? What precedents would give either side weight?



Answer

A minor cannot own property and cannot operate or handle the property as the minor cannot contract. The best that could happen is the property is held in a corporate name or trust and run by an adult other than the parents and that corporation/trust provides the benefits to the minor. A guardianship may be needed if the parents cannot handle the income, if any, and if substantial enough. Seek some legal guidance on how to accomplish what is needed.



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