Michigan - Kalkaska County Gift Deed Forms

Included Forms

All Kalkaska County specific forms and documents listed below are included in your immediate download package:

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Included Supplemental Documents

The Following Michigan and Kalkaska County supplemental forms are included as a courtesy with your order.

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Property Transfer Affidavit - Form 2766 (Michigan Document)

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Real Estate Transfer Tax Valuation Affidavit - Form 2705 (Michigan Document)

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Transfer Tax Rates & Table (Michigan Document)

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County and State Transfer Tax Exemptions (Michigan Document)

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Certificate of Trust Form (Michigan Document)

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Guidelines for the Michigan Principle Residence Exemption Program (Michigan Document)

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Principle Residence Exemption Affidavit (PRE) (Michigan Document)

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Conditional Recission of Principle Residence Exemption (PRE) (Michigan Document)

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Principal Residence Exemption Affidavit for Similar Exemptions in Other States (Michigan Document)

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Batch Cover Sheet (Michigan Document)

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Certificate of Acknowledgment - Individual (Michigan Document)

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Certificate of Acknowledgment - Representative (Michigan Document)

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Jurat (Michigan Document)

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Frequently Asked Questions:

• How long does it take to get my forms?
  • Forms are available immediately after submitting payment.
• What are supplemental forms?
  • Often when a deed is recorded additional documents are required by Michigan or Kalkaska County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
• How do I get my forms, are they emailed?
  • After you submit payment you will see a page listing the Kalkaska County forms you ordered with a download link to the pdf form file. You download the forms to your computer. You will also receive an email with a link to your download page in case you need it later.
• What type of files are the forms?
  • All of our Kalkaska County Gift Deed forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
• Can the Gift Deed forms be re-used?
  • Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Kalkaska County that you need to transfer you would only need to order our forms once for all of your properties in Kalkaska County.
• Are these forms guaranteed to be recordable in Kalkaska County ?
  • Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Kalkaska County including margin requirements, content requirements, font and font size requirements.
• Do I have to enter all of my property information online?
  • No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
• Can I save the completed form, email it to someone?
  • Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
• Do I need any special software to use these forms?
  • You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
• Are there any recurring fees involved?
  • No. Nothing to cancel, no memberships, no recurring fees.

Areas covered by these Gift Deed Forms:

• Kalkaska County

Including:

• Fife Lake
• Kalkaska
• Rapid City
• South Boardman

What is the Michigan Gift Deed?

Gifts of Real Property (Real Estate) in Michigan

A gift deed, or deed of gift, is a legal document voluntarily transferring title to real property from one party (the grantor or donor) to another (the grantee or donee). A gift deed typically transfers real property between family or close friends. Gift deeds are also used to donate to a non-profit organization or charity. The deed serves as proof that the transfer is indeed a gift and without consideration (any conditions or form of compensation).

Valid deeds must meet the following requirements: The grantor must intend to make a present gift of the property, the grantor must deliver the property to the grantee, and the grantee must accept the gift. Gift deeds must contain language that explicitly states no consideration is expected or required, because any ambiguity or reference to consideration can make the deed contestable in court. A promise to transfer ownership in the future is not a gift, and any deed that does not immediately transfer the interest in the property, or meet any of the aforementioned requirements, can be revoked [1].

A lawful gift deed must also include the grantor's full name and marital status, as well as the grantee's full name, marital status, mailing address, and vesting. Vesting describes how the grantee holds title to the property. For Michigan residential property, the primary methods for holding title are tenancy in common, joint tenancy, and tenancy by entirety. A grant of ownership of real estate to two or more unmarried persons is presumed to create a tenancy in common, unless otherwise stated in the conveyance. Transfers to a married couple create a tenancy by entirety. (MCL 554.43--45). Gift property acquired by one spouse vests as sole ownership (MCL 557.21).

As with any conveyance of real estate, a gift deed requires a complete legal description of the parcel. Include all relevant documents, affidavits, forms, and fees with the along with the deed for recording as well. File a Property Transfer Affidavit whenever real estate is transferred to ensure correct assessment for tax purposes. The new owner must file in the city or township where the property is located within 45 days of transfer (MCL 207.504, 207.525). Record the completed deed at the local County Recorder's office.

The IRS levies a Federal Gift Tax on any transfer of property from one individual to another with no consideration, or consideration that is less than the full market value. Gifts of real property in Michigan are subject to this federal gift tax. In accordance with federal law, individuals are permitted an annual exclusion of $15,000 on gifts. This means that gifts valued below $15,000 do not require a federal gift tax return (Form 709). Even so, grantors should consider filing one for many gifts of real property [2]. The grantor is responsible for paying the federal gift tax; however, if the grantor does not pay the gift tax, the grantee will be held liable [1].

In Michigan, there is no state gift tax. For questions regarding tax laws, consult a tax specialist.

With gifts of real property, the recipient of the gift (grantee) is not required to declare the amount of the gift as income, but if the property accrues income after the transaction, the recipient is responsible for paying the requisite state and federal income taxes [3].

This article is provided for informational purposes only and is not a substitute for the advice of an attorney. Contact a lawyer with any questions about gift deeds or other issues related to the transfer of real property. For questions regarding federal and state taxation laws, consult a tax specialist.

[1]https://nationalparalegal.edu/public_documents/courseware_asp_files/realProperty/PersonalProperty/InterVivosGifts.asp
[2] http://msuextension.org/publications/FamilyFinancialManagement/MT199105HR.pdf
[3] https://www.irs.gov/businesses/small-businesses-self-employed/frequently-asked-questions-on-gift-taxes

Our Promise

The documents you receive here will meet, or exceed, the Kalkaska County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

Save Time and Money

Get your Kalkaska County Gift Deed form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.

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