When a loved one passes away, and a minor child is involved in the estate—either as an heir, beneficiary, or property holder—things can get legally complex. As a fiduciary (such as an executor or administrator), your responsibilities are serious and legally binding.
At The Boswell Law Firm, we often receive questions from clients who are unsure what to do when managing an estate that involves a minor. Here’s a clear, keyword-rich guide that answers the most commonly searched questions about minors and estates in Texas.
What is a fiduciary in an estate?
A fiduciary is someone legally appointed to manage someone else’s property or financial matters. In an estate, this includes executors, administrators, or trustees. If you’re managing an estate that includes assets for a minor, you are legally responsible for protecting those assets and ensuring they are handled properly.
Can minors inherit property in Texas?
Yes, minors can inherit property. However, they cannot legally own or manage it themselves. That’s why Texas law requires a custodian, guardian of the estate, or a trustee to manage the assets until the child turns 18 (or longer if a trust specifies).
What are my duties if I’m managing an estate with a minor heir?
You are legally obligated to:
- Maintain property (e.g., pay mortgage, insurance, taxes)
- Invest wisely and avoid risky or self-serving decisions
- Keep detailed records of all expenses, income, and transactions
- Act in the best interest of the minor at all times
Neglecting these duties can lead to civil penalties or even criminal charges under Texas law.
Can I sell property that belongs to a minor?
Not without court approval.
Selling property that belongs to a minor—or failing to deposit the proceeds into a proper account—can result in criminal charges ranging from a misdemeanor to a felony, depending on the value of the asset.
What are my options for holding property on behalf of a minor?
- To protect the minor and yourself legally, you can:
- Establish a trust in your will or estate plan
- Use a Uniform Transfers to Minors Act (UTMA) account
- Appoint a guardian of the estate through the court
- Work with a corporate trustee or financial institution
Each option has different levels of court involvement, flexibility, and oversight.
What happens if a fiduciary mismanages a minor’s inheritance?
The fiduciary may be:
- Removed by the court
- Sued in civil court by other heirs or the child upon reaching adulthood
- Criminally charged, depending on the severity of the mismanagement
If you’ve sold property or used funds without court approval or proper accounting, you could face jail time, fines, and repayment obligations.
What should I do if I’ve inherited property for a minor?
Do not act alone. Before making any decisions, consult with a probate or estate attorney to:
- Understand your fiduciary duties
- Ensure compliance with state law
- Avoid unintentional legal or financial consequences
Being responsible for an estate involving a minor is a serious legal obligation, not just a family duty. Texas law has strict rules to protect children’s property and punish those who mishandle it—even unintentionally.
At The Boswell Law Firm, we help fiduciaries, executors, and families navigate these issues the right way. If you’re facing a situation involving a child’s inheritance, guardianship, or estate management, don’t risk going it alone.
Call us at 832-919-6595
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