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Gift deeds in Texas are valid; however, there are strict requirements for gift deeds in Texas. Therefore, if you have a document that might be a gift deed or if someone is claiming they have a gift deed to a property that should be yours, you should contact an attorney as soon as possible.
A gift letter is a legal instrument that clearly and explicitly states, without question, that a friend or family member ?gifted? - rather than loaned - you money. You can use a gift letter for mortgage lenders who may be questioning a large influx of cash that suddenly showed up in your checking or savings account.
Ing to Texas Property Code § 5.021, a deed must be in writing, it must be signed by the grantor, it must include a legal description of the property, and it must be delivered, at which point the title immediately passes from the grantor to the grantee.
However, Texas does not impose a gift tax on transfers of real estate between family members nor is there a capital gains tax in Texas, so you may only be liable for federal taxes. When transferring a house after death through a will or trust, estate taxes may come into play.
These deeds need to be in writing and signed by the person giving the property in front of any notary. Once it has been properly prepared and signed, the deed needs to be filed with the county clerk for the county in which the property is located. The county will charge a filing fee of about $30 to $40.