- For Attorneys
Minors cannot generally own real estate in their name. The age of who is a Minor varies by State. For example, it is 18 or older in Florida. For leases, the lease is gnerally voidable (not void or invalid) by a minor who signs it but could be binding on the landlord. Real Estate can be conveyed to an adult or trust for the benefit of a Minor. If a Minor acquires an interest in real esate by Inheritance, Court authority is required for them to sell or lease the property which is usually handed in a guardianship proceeding for the child.
If a Minor is emancipated by Court order or statute (laws), then the rule does not apply and they can own and lease real estate. Some laws provide that if a Minor is married, for example, that they will be considered emancipated.