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5/25/2020 Gift legal definition of gift I Evernote Web
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The delivery requirement is frequently relaxed when a causa mortis gift is involved, since

a donor is less likely to be able to make an actual delivery as his or her death approaches.
A symbolic delivery is frequently sufficient to show that a gift was made, provided at
least some effort to make a delivery is exercised. The overt act aids a court in its

determination as to whether a delivery has been made.

A gift causa mortis is only effective if the donor actually dies. It is not necessary that the
donor die immediately, but the person must die of a condition or danger that existed when
the gift was made and without an intervening recovery. The donee becomes legal owner

of the property in most states from the time the gift is made. The person must, however,
later return the gift if the donor does not actually die. If the donor changes his or her mind
and revokes the gift, or recovers from the particular illness or physical injury, the gift is

invalid. A donor also has the right to require that debts or funeral expenses be paid out of
the value of the gift.

Further readings

Bove, Alexander A. 2000. The Complete Book of Wills, Estates, and Trusts. New York:
Holt, Henry.

"Landlord's Estate May Include Tenant's Improvements to Lease Property." 2002. Tax

Return Preparer's Letter (July).

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc.

All rights reserved.

gift

n. the voluntary transfer of property (including money) to another person completely free

of payment or strings while both the giver and the recipient are still alive. Large gifts are
subject to the federal gift tax, and in some states, to a state gift tax. (See: gift tax, unified
estate and gift tax)

Copyright© 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.

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