PR 07215.030 Nebraska
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 age of majority in Nebraska is 19. Neb. Rev. Stat. § 43-2101; Neb Rev. Stat. § 43.245. In Klapa v. Shrauger, 281 N.W. 612, 616 (Neb. 1938), the court held that a deed of an infant was voidable only and that title passes by it and remains in the grantee until some clear act of disaffirmance is done by the infant after reaching the age of majority. Also, in Uecker v. Koehn, 32 N.W. 583 (Neb. 1887), the court held that a mortgage made by an infant, like other executed contracts of an infant, is valid until some act is done by him to avoid it.
2. If so, are there any property restrictions as to age of the minor or the types of property that can be held.
No restrictions as to age or property type were found. However, Neb. Rev. Stat. § 30-2603 states that anyone under a duty to pay or deliver money or personal property (not exceeding $10,000 per annum) to a minor may perform this duty by delivering such money or property to (1) the minor, after he or she has reached age 18;1/ (2) any person having the care and custody of the minor with whom the minor resides; (3) a guardian of the minor; and (4) a federally insured financial institution where a savings account in the sole name of the minor is located with requisite notice to the minor.
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.
In addition, we believe that Anthony Randall's 1993 legal opinion continues to accurately reflect State law.
1/ This is not an error. Although Nebraska defines the age of majority as age 19, a person may marry at age 17 and may vote at age 18. Neb. Rev. Stat. § 32-930; Neb. Rev. Stat. § 42-102. In addition, while minority ends when a person under the age of 19 marries, marriage of a juvenile under the age of 19 who is committed to a state institution does not make the juvenile the age of majority. Neb. Rev. Stat. § 43-289; Neb. Rev. Stat. § 43-2101.