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Old 12-11-2007, 10:52 PM
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Join Date: Dec 2007
Posts: 1

Children to sign closing


What is the name of your state? NY

My refinance closing was cancelled by the case lawyer the evening before closeing. The lawyer has noticed we added 2 undrerage children to the title a year ago. The laywer says title companies require all in the title to sign the closing. Children can not legally sign it, nor we can sign for them, even we are their parents. He says to be able to sign for the children we need to get a court order. Several lawyer we asked for advise were not able to give us any. Please advise how to proceed with the case, where to apply for the order, and how to get it. Thanks.
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Old 12-12-2007, 08:16 AM
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Join Date: Feb 2007
Posts: 8,233
The lawyer pretty much gave you the story.
Adding minor children to the title was stupid. You can see a goodly number of the problems with adding random people to the deed showing up here despite people's good intentions. The deed isn't some sort of club or beneficiary arrangment, it's giving property to the named people. Your kids own an equal share of your property.

Yes, minor children can't sign contracts, and they can't convey real estate. Their parents can not act for them. The court will need to establish a guardian to act for them. This is not unheard of. Call up the local bar association in the county in which this property is located and ask for a referral to a lawyer. Typically a lawyer that handles estate issues knows is the sort that handles this.
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