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Gift Deed Form - Cherry County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 10/1/2019
Gift Deed Guide - Cherry County
Line by line guide explaining every blank on the form.
Included document last updated 9/26/2019
Completed Example of the Gift Deed Document - Cherry County
Example of a properly completed form for reference.
Included document last updated 9/27/2019
*The Following Nebraska and Cherry County supplemental forms are included as a courtesy with your order.
Real Estate Transfer
Any grantee, or grantees authorized representative, who wishes to record a deed to real property must file Form 521. Land contracts, memoranda of contract, and death certificates being recorded pursuant to a transfer on death deed require a completed Form 521, which are not subject to the documentary stamp tax until the deed is presented for recording. Form 521 must be filed with the register of deeds when a deed, land contract, memorandum of contract, or a death certificate being recorded pursuant to a transfer on death deed is presented for recording.
Documentary Stamp Tax Exemption
All transfers of beneficial interest in or legal title to real property are subject to Documentary Stamp Tax based upon the value of the real estate transferred. The tax is due at the time the deed is offered for recording unless specifically exempt under one of the exemptions listed on this page.
Notary Certificates
The supplemental forms in this section can be used as loose certificates by notaries in the state.
Including:
Gifts of Real Property in Nebraska
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 Nebraska residential property, the primary methods for holding title are tenancy in common and joint tenancy. A grant of ownership of real estate to two or more persons is presumed to create a tenancy in common, unless a joint tenancy is expressly stated (Neb. Rev. Stat. 76-118).
As with any conveyance of real estate, a gift deed requires a complete legal description of the parcel. Recite the source of title to establish a clear chain of title, and detail any restrictions associated with the property. A Real Estate Transfer Statement Form 521 must accompany documents to be recorded (Neb. Rev. Stat. 76-214). Record the completed deed at the local Register of Deeds office.
All transfers of real property are subject to a documentary stamp tax. The tax is due at the time of recording. If the transfer is exempt under Neb. Rev. Stat. 76-902, note the reason on the face of the deed and fill out a certificate of exemption.
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 Nebraska are subject to this federal gift tax, but there is no associated tax for the state. 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]. 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
Get your Cherry 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.
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4.7 out of 5 (903 Reviews) October 18th, 2019
Name: Holly M.
Review: This was the simplest method of filing a document that I've ever encountered. I've already recommended it my colleagues, and would highly encourage anyone to use it. Fast, easy, simple.
Reply from Staff on October 18th, 2019
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October 18th, 2019
Name: Carolyn A.
Review: Easy to use!!
Reply from Staff on October 18th, 2019
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October 18th, 2019
Name: Philip B.
Review: Pleased with the results, except for the "notice of confidentiality rights" above the QUIT CLAIM DEED headline. Is it needed to be included on the form or can it be removed ? How can it be removed, I do not see a reason for it to be on the print out copy. Thank you.
Reply from Staff on October 18th, 2019
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October 18th, 2019
Name: STEVEN J.
Review: Great , easy to use.
Reply from Staff on October 18th, 2019
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October 17th, 2019
Name: Michael T.
Review: Good site. Two things to note. 1. The Documentary Transfer Tax Exemption sheet, the word "computer" is used when I think it should be "computed" Error in state form? 2. The California Trust Guide could have a watermark which is less distracting. Kind of hard to read the print with the DEEDS.COM logo so prominent.
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October 16th, 2019
Name: Terri S.
Review: Form was easy to complete, price was reasonable and everything worked out just fine. Would absolutely use this service again if needed, Thank you :)
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October 16th, 2019
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Review: VERY HAPPY WITH YOUR SERVICE !
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October 15th, 2019
Name: Connie G.
Review: This product makes it so much easier to understand and file forms that you might have to pay an attorney to do. All Counties have their own way of submitting forms and with Deeds you have the correct format.
Reply from Staff on October 15th, 2019
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October 14th, 2019
Name: Lucinda E.
Review: I thought this form was great and easy to complete but the instructions were unclear as to whether the grantee- beneficiaries needed to sign and notarize their signatures as well. It did not appear to be the case but it would be helpful if the instructions spelled this out better.
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October 14th, 2019
Name: Nellie V.
Review: You guys make it so easy. Thank you for that! Hugs!
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