PR 07215.020 Kentucky
A. PR 00-026 Formal Legal Opinion Regarding Purchase of Property by Representative Payees on Behalf of Minor Children
DATE: January 12, 1999
In Region IV (Atlanta), the States of Alabama, Florida, Georgia, Mississippi, North Carolina, South Carolina, and Tennessee permit a miner to held title to either real or personal property. In the State of Kentucky, however, the only exception to the above is that "a motor vehicle may be legally sold tea minor of at least sixteen years of age .... " Kentucky law does not express any ether particular requirements or prohibitions.
This is our response to your December 2, 1998, memorandum requesting a formal legal opinion from each Regional Chief Counsel on a State-by-State basis addressing specific issues related to the purchase of property by representative payees on behalf of minor children. The Associate Commissioner, Office of Program Benefits, asked that we address the following issues:
* Does the State permit a minor to hold title to real estate or personal property such as an automobile?
* If so, are there any restrictions as to the age of the minor or the types of property that can be held?
* Are there any specific requirements on how the property should/must be titled to show the minor as the titleholder?
* If a State does not permit a minor to hold title to property, or does not permit the property to be titled/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?
It is our legal opinion that under the laws of Alabama, Florida, Georgia, Mississippi, North Carolina, South Carolina, and Tennessee there are no particular requirements or prohibitions as to the manner of holding title to either real or personal property by minors. In Kentucky, an nonbinding Attorney General's advisory opinion states that "a motor vehicle may be legally sold to a minor of at least sixteen years of age, and the county clerk may effect transfer and registration of such vehicle in the minor's name." OAG 83-376. Kentucky law does not express any other particular requirements or prohibitions as to the manner of holding title to either real or personal property by minors.