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Transfer by Gift

Monday, June 1st, 2009

Parents in position to do so may, if they wish, transfer property to the younger generation by gift. When the gift is made early in life, the knowledge of ownership usually results in added enthusiasm and energy in developing the property by the donee and learning to care for it under the guidance and advice of the donor.
Transfer of the property at an early age is usually restricted by economic considerations and by the reluctance of parents to part too early with worldly goods. The economic reason is, of course, the most important. In many cases, the parents need all of their property to provide income in later years.
A gift is very easy to make. Land may be given by a deed properly signed, acknowledged, and delivered. Delivery of    the    deed    is    very    important. Personal property can be given by handing over the property with the apparent intention of making the recipient the present owner. There must be a manual transfer of the property itself or of something symbolic of it. It is best, however, to evidence the intention of the donor by written instrument.
Most gifts are made inter    vivos – that is, by a person who may be in no immediate expectation of death. Ownership of property transferred by gift inter vivos vests absolutely and at the time the transfer is made.
A gift made by a donor in expectation that he will die of some immediate threat of death is known as a gift causa mortis. Such a gift is frequently conditional so that if the donor does not die as expected, the transfer of ownership is nullified. The courts generally hold that ownership passes at the time of the gift to the donee, but that it reverts to the donor if he does not die as he expected. That is, the donor can recover the property if he survives the peril that caused him to make a gift causa mortis.
Advantages
• A gift can be given at any age and provides ownership security for the recipient.
• Knowledge of ownership may encourage development of the property under the guidance of the donor.
• A gift may reduce net income taxes. A younger person may be in a lower tax bracket; thus he would retain more of the earnings from the asset.
• A gift may help to reduce estate taxes by removing assets from the estate and by establishing the value of the assets at the time the gift was made, thus avoiding the effects of inflation.
• Individuals may make gifts of up to $12,000 per recipient per year without any federal gift tax consequence.
• Oklahoma imposes no state gift taxes while state inheritance taxes are imposed on estate transfers above a certain amount.
Disadvantages
• Unless the parents have other income, a large gift may work a hardship on them later in life. Loss of purchasing power through inflation should be kept in mind.
• Transfer by gift may result in family disagreements.
• Gifts may be subject to federal gift taxes if larger than $12,000 per recipient per year.
• If assets are declining in value, gift taxes today may be higher than estate taxes would be later.
• In some cases, the donee may not have sufficient maturity to manage the assets wisely.
• If the child is having financial problems and the gift is not sufficiently large to pay the creditors, the creditors may attach the gift property and the family inheritance may be lost.