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Gift Deed or Warranty Deed? Words Have Consequences. Generally, in an unambiguous deed, parol evidence cannot be used to ascertain the intent of the parties, so a warranty deed will be held to be a purchase and not a gift, and gift deed will be a gift. Parol evidence will not be received to contradict the instrument.
Warranty Deeds are the basic staple of real estate property transfers in Texas. These deeds are commonly used to transfer ownership of a house or other real estate between a Seller and a Buyer. Be advised that the Seller needs to be alive and legally competent to sign documents.
A general warranty deed must include the following to be valid: The name and address of the seller (called the grantor) The name and address of the buyer (called the grantee) A legal description of the property (found on the previous deed) A statement that the grantor is transferring the property 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.
The Texas Gift Deed requirements are similar to the requirements of most deeds. The Gift Deed needs to be in writing. It must include the full name of the current owner and the full name, mailing address and vesting of the new owner. The property needs to be properly described.
The Gift Deed needs to be in writing. It must include the full name of the current owner and the full name, mailing address and vesting of the new owner. The property needs to be properly described.
Gift Deed or Warranty Deed? Words Have Consequences. Generally, in an unambiguous deed, parol evidence cannot be used to ascertain the intent of the parties, so a warranty deed will be held to be a purchase and not a gift, and gift deed will be a gift. Parol evidence will not be received to contradict the instrument.
A gift of mineral rights typically can be accomplished in three easy steps. The owner signs a deed of conveyance to our organization. The owner delivers the deed to us. Our organization records the deed with the recorder's office in the county and state in which the land is located.