Re: Indenture in land deeds what is implied?
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Re: Indenture in land deeds what is implied?
Sylvia Bachelor 4/02/07
When a minor child inherits land, receives land as a gift from anyone, or money from a distribution of the proceeds from the sale of land or personal property, or receives other legacies of value, the court of jurisdiction can, upon notification, require that a guardian be appointed to protect the rights and property of the minor child. By statute, a minor is deemed incapable of managing his/her own affairs.
That guardian may, in some states, be the natural parent, or both parents acting as co-guardians if the court is agreeable and they can provide surety, usually two times the value of the legacy. In some states the parents, by statute, are prohibited from acting as guardian. This in no way diminishes the parental rights, duties, and responsibilities in the rearing and nurturing the child and without interference from the guardian.
The most frequent occurance of this type guardianship is when the child is a divisee of an estate upon the death of a parent, or is named in the will of a relative or any other person. But, deeds of gift from living parents are not uncommon.
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Re: Indenture in land deeds what is implied?
Sylvia Bachelor 4/02/07