Pennsylvania Gift Deed

State:
Multi-State
Control #:
US-OG-053
Format:
Word; 
Rich Text
Instant download

Description

This Gift Deed conveys to the Grantee all of the Grantors interest in lands (including all surface, mineral, and royalty interests).

A Pennsylvania Gift Deed is a legal document used to transfer ownership of a property as a gift from one person, the donor, to another person, the done, without the need for monetary compensation. This type of deed is often used to transfer property between family members, close friends, or for estate planning purposes. A Pennsylvania Gift Deed must meet specific requirements to be considered valid. Firstly, it must clearly state that the transfer is a gift and not a sale. It should also include the names and addresses of both the donor and the done, as well as a detailed description of the property being transferred. This description should include the property's legal address, size, boundaries, and any relevant identifying information. It is important to note that a Pennsylvania Gift Deed needs to be properly executed and recorded to ensure its enforceability. The deed must be signed and notarized by the donor and, in some cases, witnessed by two individuals who are not party to the transfer. Once executed, the gift deed should be filed with the appropriate county clerk or recorder's office to officially transfer the ownership of the property. There are various types of Pennsylvania Gift Deeds, such as: 1. Inter vivos Gift Deed: This is the most common type of gift deed in Pennsylvania, and it refers to a transfer of property between living persons. It allows the donor to transfer ownership while still alive, with immediate effect. 2. Testamentary Gift Deed: This type of gift deed is executed as part of an individual's last will and testament. It becomes effective upon the donor's death and transfers the property to the designated done(s) as stated in their will. 3. Gift Deed with Retained Life Estate: This gift deed allows the donor to transfer ownership of the property to the done while retaining the right to live on the property until their death. This is often used as an estate planning tool, providing the donor with the ability to gift the property while still maintaining a use and occupancy right. 4. Gift Deed with Conditional Delivery: In some cases, a gift deed may include conditions or restrictions that must be met for the transfer to take effect. This type of gift deed allows the donor to establish specific requirements or obligations that the done must fulfill before they officially become the property owner. It is always advisable to consult with a qualified attorney when preparing a Pennsylvania Gift Deed to ensure compliance with all legal requirements and to address any specific concerns or questions related to the transfer of property ownership.

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FAQ

There are also some disadvantages to using gift deeds: It is irrevocable post-execution, which can lead to complications if problems arise in the future between the donor and donee. There are extra costs in the form of stamp duty, which vary from state to state.

There are exceptions and assets not subject to Pennsylvania inheritance tax. Life Insurance. ... Property Owned Jointly between Spouses. ... Real Estate Owned as Tenants by the Entireties. ... Inheritance from Predeceased Spouse. ... Assets Passing from Deceased Child to Parent. ... Assets Passing from Parent to Child 21 or Younger.

There is no gift tax in Pennsylvania. The federal gift tax has an exemption of $16,000 per recipient per year for 2022 and $17,000 in 2023. A gift worth more than this to one person in a year counts against your lifetime exemption of $12.92 million.

If you give property to your family members in Pennsylvania, the relationship you have with the recipient will determine their inheritance tax rate. For example, if you transfer property to your surviving spouse or to your child that was under the age of 21 when you passed away, their inheritance tax rate will be zero.

How do I change ownership of a property? To make changes to an existing deed, a new deed must be prepared and recorded. If your spouse dies, and your name is on the deed, you do not have to change it. If you elect to change it, a new deed must be prepared and recorded.

To add, remove, or change a name on a deed, have a lawyer, title company, or other real estate professional prepare the deed. Then, record the new deed with the Department of Records. Note: We recommend that you do not prepare a deed on your own. We also recommend that you get title insurance.

If you give property to your family members in Pennsylvania, the relationship you have with the recipient will determine their inheritance tax rate. For example, if you transfer property to your surviving spouse or to your child that was under the age of 21 when you passed away, their inheritance tax rate will be zero.

If you decide to proceed with your own transfer, here are the steps you'll take. Retrieve your original deed. ... Get the appropriate deed form. ... Draft the deed. ... Sign the deed before a notary. ... Record the deed with the county recorder. ... Obtain the new original deed.

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Pennsylvania Gift Deed