UNDERWRITING Q&A: I have a party who wants to put minor children into title to real property. What is the best way to do this? (NM)

A.  As custodian for the minor child/children under NMSA 46-7-11, commonly referred to as the Uniform Transfers to Minors Act.  When preparing the deed, an adult 21 years of age or older will need to be designated as custodian for the minor child/children in the grantee clause.  The grantee clause in the deed should state “John Smith as custodian for (name of minor) under the Uniform Transfers to Minors Act”.  If the property is to be subsequently conveyed prior to the minor(s) reaching the age of majority, the grantor clause in the deed should be recited exactly the same way.  Utilization of the Uniform Transfers to Minors Act avoids legal conservatorship issues in situations where minor children appear as record title holders to real property.