Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Detailed Answer
When a minor child is an heir to real property in Minnesota, the child cannot legally consent to a sale or transfer. Minnesota law provides several pathways to protect the minor’s interests while allowing the transaction to move forward.
1. Guardianship of the Estate
• Petition the probate court to appoint a guardian of the minor’s estate under Minnesota Statutes Chapter 524 (Minn. Stat. § 524.5-101).
• The guardian manages the minor’s assets and may seek a court order to sell real property under Minn. Stat. § 524.5-107.
• The court evaluates whether the sale is in the minor’s best interest before granting approval.
2. Partition Action with Guardian ad Litem
• If multiple heirs own the property jointly, file for partition under Minn. Stat. § 559.21.
• The court appoints a guardian ad litem to represent the minor’s interest (Minn. Stat. § 524.3-200).
• The court may order sale and division of proceeds, ensuring the minor receives their share.
3. Trust for the Minor’s Share
• After sale, proceeds can be placed in a trust for the minor until age 18 or beyond under Minnesota’s uniform transfers to minors act (Minn. Stat. § 525.24).
• A trustee manages and invests funds for the minor’s benefit.
4. Court-Approved Settlement Without Formal Guardianship
• In some cases, a parent or personal representative can petition the court for authority to sell the minor’s share without full guardianship.
• The court may appoint a guardian ad litem and review settlement terms to protect the minor (Minn. Stat. § 524.3-202).
Helpful Hints
- Begin guardianship or settlement proceedings early to avoid transaction delays.
- Gather deeds, probate filings, and heirship documentation before petitioning the court.
- Work with a probate or guardianship attorney familiar with Minnesota court procedures.
- Consider long-term management of sale proceeds; a trust can provide ongoing financial protection.
- Understand court costs and timelines; hearings may take several weeks to schedule.