PR 07215.019 Kansas
A. PR 00-032 Purchase of Real and Personal Property by Representative Payees on Behalf of Minor Children—Your Memorandum dated December 2, 1998
DATE: April 28, 1999
In Region VII (Kansas City), the States of Missouri, Iowa, Kansas and Nebraska permit a minor to hold title to both real and personal property.
You requested a legal opinion from each Regional Chief Counsel addressing specific issues raised by the Associate Commissioner of the Office of Program Benefits (OPB) related to the purchase of property by minors and by representative payees on behalf of minors. Below is Region VII's response to the specific issues raised. In response to the April 21, 1999 video conference call, we have revised our January 12, 1999 legal opinion to remove any reference to the Uniform Transfers to Minors Act.
1. Does the State permit a minor to hold title to real property or personal property such as an automobile?
The period of minority ends in Kansas at age 18. Kan. Ann. Stat. § 38-101. As a matter of law, a minor may own real property, the same as any other person. He or she may obtain it by inheritance, by gift, or by purchase, and there is nothing in the law that would prevent even a parent from giving real property to his or her minor child. Wheeler v. St. Joseph & W. R. Co, 3 P. 297, 300 (Kansas 1884). Because there is no statutory or common law bar to minors owning any items of personal property, and because a minor can own real property, it is presumed that a minor can own personal property, including an automobile.
2. If so, are there any property restrictions as to age of the minor or the types of property that can be held.
No restriction as to age or property was found.
3. Are there any specific requirements on how the property should or must be held to show the minor as the titleholder?
No such requirements were found.
4. If a State does not permit a minor to hold title to property, or does not permit the property to be titled or registered in the minor's name, what is the preferred method(s) of titling the property to reflect or protect the minor's interest in the property and satisfy SSA's regulatory requirements.