Acquiring Ownership Rights Through Gift - Explained
When the recipient of a gift becomes owner
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How do You Acquire Ownership through Gift?
A gift is a transfer of ownership from one party to another without the consideration (mutual exchange of value) necessary to establish an enforceable contract. A gift may, however, transfer ownership of property. A gift normally transfers ownership at the time that the owner expresses intent to transfer the property and physically surrenders the property to someone else who accepts it. The individual receiving the gift must act to accept the gift to make the transfer final.
- Note: The gift made during a persons life is known as an inter vivos gift. A testamentary gift is one that is made through a will or other testamentary document.
- Example: The last will and testament expresses the donative intent necessary for a transfer of property. An executor or personal representative may be charged with delivering the property in accordance with the deceased's intent. Lastly, the recipient of the inheritance must accept the inheritance. If the intended recipient rejects the inheritance, there is no enforceable transfer of property.
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