Can a child be listed as a joint tenant on real estate and inherit the property if something should happen to their father?

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Can a child be listed as a joint tenant on real estate and inherit the property if something should happen to their father?

Asked on July 30, 2011 Missouri

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Yea, a child can be named as a joint tenant on a recorded deed to real property and inherit the property as a minor should the person who is also named on the joint tenancy deed die before the minor child.

The problem in such a situation is that the minor child will need to have an adult guardian overseeing that real property while the minor child holds title to it while under 18 years of age. From a practical standpoint, rather than have the real property held in joint tenancy with the minor child, the real property should be held in trust where the minor child is one of the beneficiaries where there is a trustee and an alternative trustee.

Good question.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Yea, a child can be named as a joint tenant on a recorded deed to real property and inherit the property as a minor should the person who is also named on the joint tenancy deed die before the minor child.

The problem in such a situation is that the minor child will need to have an adult guardian overseeing that real property while the minor child holds title to it while under 18 years of age. From a practical standpoint, rather than have the real property held in joint tenancy with the minor child, the real property should be held in trust where the minor child is one of the beneficiaries where there is a trustee and an alternative trustee.

Good question.


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