Disclaimer: This blog post provides general information and is not legal advice. Consult a qualified attorney about your specific situation.
Detailed Answer
Under Massachusetts law, a minor cannot directly sell or transfer real property. You must obtain court approval or appoint a fiduciary to act on the minor’s behalf. Key options include:
1. Appoint a Guardian of the Estate
You can petition the Probate and Family Court to appoint a guardian of the minor’s estate under Massachusetts General Laws Chapter 201, Section 34. The guardian holds legal title, manages the property, and can execute a sale or transfer after court authorization. For full text, see https://malegislature.gov/Laws/GeneralLaws/PartI/TitleIX/Chapter201/Section34.
2. Petition to Sell Through Probate Court
If you need to sell or transfer the property, file a petition under Massachusetts General Laws Chapter 215, Section 31. The court reviews the petition, ensures the transaction serves the minor’s best interests, and sets sale terms. See https://malegislature.gov/Laws/GeneralLaws/PartII/TitleIII/Chapter215/Section31.
3. Create a Trust for the Minor
The court may direct sale proceeds into a trust, often called a “minor’s trust” or “guardianship trust.” A trustee manages funds until the minor reaches age 18 or another age set by court order. This approach protects assets and reduces ongoing court oversight.
4. File a Partition Action for Co-Owned Property
When multiple heirs hold title, a co-owner can file a partition action under Massachusetts General Laws Chapter 240, Section 1. The court orders a physical division of land or a sale with proceeds divided among owners. The minor’s share remains in court custody until they reach majority.
Helpful Hints
- Obtain a professional appraisal to establish fair market value in court filings.
- Download guardianship and sale petition forms from your local Probate and Family Court website.
- Maintain organized records of all court orders, accountings, and financial transactions.
- Consider Uniform Gifts to Minors Act (UGMA) or Uniform Transfers to Minors Act (UTMA) accounts for long-term asset management.
- Review court rules on guardianship fees, annual accountings, and bond requirements.