Gift Deed - Kansas

IMPORTANT LEGAL NOTICE
This Gift Deed conveys real estate as a gift for natural love and affection, without monetary consideration. Kansas does NOT impose a state or local real estate transfer/conveyance tax, and the mortgage registration tax expired effective January 1, 2019. A Real Estate Sales Validation Questionnaire is NOT required for a transfer "by way of gift, donation or contribution stated in the deed" (K.S.A. 79-1437e(a)(4)), but the exemption MUST be clearly stated on the face of the deed (K.S.A. 79-1437e(b)). The Kansas Constitution requires both spouses to consent to transfer a homestead. IRC 1015 generally begins gift basis with the donor's adjusted basis, subject to its loss-basis, gift-tax, spousal-transfer, trust, and date rules. Obtain title and tax advice and consider title insurance.

GIFT DEED

State of Kansas

[3" TO 3.5" TOP MARGIN REQUIRED - CHECK LOCAL COUNTY REQUIREMENTS]

RECORDING INFORMATION

After Recording Return To:

Name: ________________________________________
Address: _____________________________________
City, State, ZIP: _____________________________

Mail Future Tax Statements To (name and address of grantee, K.S.A. 58-2221):

Name: ________________________________________
Address: _____________________________________
City, State, ZIP: _____________________________

Prepared By:

Name: ________________________________________
Address: _____________________________________
Kansas Bar No. (if attorney): _________________

PROPERTY INFORMATION

SALES VALIDATION QUESTIONNAIRE EXEMPTION; NO TRANSFER TAX

Sales Validation Questionnaire — EXEMPT (K.S.A. 79-1437e)

A Real Estate Sales Validation Questionnaire is NOT required for this transfer, and the exemption is stated on the face of this deed as required by K.S.A. 79-1437e(b):

"This transfer is exempt from the Real Estate Sales Validation Questionnaire requirement as a transfer by way of gift, stated in this deed. K.S.A. 79-1437e(a)(4)."

☐ Exempt as a gift/donation (K.S.A. 79-1437e(a)(4))
☐ Exempt to/from a trust without consideration (K.S.A. 79-1437e(a)(7))

No Transfer Tax

Note: Kansas imposes NO real estate transfer/deed tax.

PARTIES AND RELATIONSHIP

GRANTOR (Donor / Current Owner):

Name: [GRANTOR FULL LEGAL NAME]

Mailing Address: [FULL ADDRESS]

Marital Status:
☐ A single person
☐ A married person, spouse joining (REQUIRED for homestead)
☐ A married person, conveying non-homestead property

Entity Type (if applicable):
☐ A Kansas limited liability company
☐ A Kansas corporation
☐ A [State] limited liability company authorized to do business in Kansas
☐ A [State] corporation authorized to do business in Kansas
☐ Trustee of [Trust Name]

GRANTEE (Donee / New Owner):

Name: [GRANTEE FULL LEGAL NAME]

Mailing Address: [FULL ADDRESS]

Relationship to Grantor: ☐ Child ☐ Grandchild ☐ Spouse ☐ Parent ☐ Sibling ☐ Other: __________ ☐ No family relationship

Manner of Holding Title:
☐ As a single person
☐ As husband and wife
☐ As joint tenants with right of survivorship (and not as tenants in common)
☐ As tenants in common (____% and ____%)
☐ As a Kansas limited liability company
☐ As a Kansas corporation
☐ As Trustee of [Trust Name]

CONVEYANCE (GIFT)

Consideration — Natural Love and Affection

This conveyance is a GIFT, made for and in consideration of the natural love and affection the Grantor holds for the Grantee, and for no monetary consideration. No money or other valuable consideration has been or will be paid by the Grantee.

Granting Clause (K.S.A. 58-2202, 58-2203)

[GRANTOR NAME] ("Grantor"), of [COUNTY] County, Kansas, in consideration of natural love and affection and without monetary consideration, does by these presents, as a present and irrevocable GIFT, GRANT AND CONVEY [for no warranty, substitute: QUITCLAIM] unto [GRANTEE NAME] ("Grantee"), of [COUNTY] County, [STATE], the following described real estate in [COUNTY] County, Kansas, to-wit:

See Exhibit A attached hereto and incorporated herein by reference (the "Property")

Property Conveyed

TOGETHER with all and singular the tenements, hereditaments, and appurtenances thereunto belonging or in anywise appertaining, including:

☐ All improvements, buildings, structures, and fixtures
☐ All easements and rights-of-way appurtenant to the Property
☐ All water rights appurtenant to the Property
☐ All rights in streets, alleys, and ways adjoining the Property
☐ All mineral rights (unless excepted below)

Habendum Clause

TO HAVE AND TO HOLD the same, together with all and singular the tenements, hereditaments, and appurtenances thereunto belonging, unto the Grantee and the Grantee's heirs, successors, and assigns forever, as the Grantee's own property.

WARRANTY ELECTION

The Grantor makes the following election as to warranty of title (check one):

☐ SPECIAL WARRANTY (against Grantor's own acts). Grantor covenants that the Property is free of encumbrances made or suffered by Grantor, except as stated herein, and Grantor will WARRANT AND DEFEND the title against all persons claiming by, through, or under Grantor, but not otherwise.

☐ QUITCLAIM (no warranty). Grantor conveys only such right, title, and interest as Grantor may have, WITHOUT WARRANTY of title, express or implied. (Under K.S.A. 58-2203 the statutory "conveys and warrants" form imports full warranty; use the QUITCLAIM language above to avoid implied warranties.)

NOTICE: A gift deed provides the donee no purchase-money title protection. An owner's title insurance policy is strongly recommended.

EXCEPTIONS

This conveyance is made and accepted SUBJECT TO:

Standard Exceptions

☐ Real estate taxes and special assessments for the current year and subsequent years
☐ Building and zoning ordinances and regulations
☐ Easements, restrictions, reservations, and covenants of record
☐ Rights of parties in possession
☐ Any facts that an accurate survey would disclose

Existing Mortgage / Lien

☐ None — the Property is conveyed free of any mortgage or monetary lien created by Grantor.

☐ The Grantee takes the Property SUBJECT TO the following mortgage/lien (Grantee ☐ does ☐ does not assume):
[MORTGAGE/LIEN HOLDER], recorded in Book _____, Page _____ (or Document No. _____)

Specific Exceptions

1. [SPECIFIC EXCEPTION] — Book _____, Page _____ (or Document No. _____), [COUNTY] County Register of Deeds
2. [SPECIFIC EXCEPTION] — Book _____, Page _____ (or Document No. _____), [COUNTY] County Register of Deeds

☐ See Exhibit B for additional exceptions

FEDERAL GIFT TAX AND BASIS NOTICE

Federal Gift Tax (26 U.S.C. 2501 et seq.; IRS Form 709)

This conveyance may be a taxable gift. The Grantor (donor) generally must file IRS Form 709 if the gift to any one donee in the calendar year exceeds the annual exclusion, and the gift may reduce the Grantor's lifetime gift and estate tax exemption. These amounts are adjusted annually by the IRS.

Carryover Basis (26 U.S.C. 1015)

The Grantee generally takes the Grantor's adjusted cost basis (carryover basis) for property acquired by gift, which affects future capital-gains tax. Consult a tax advisor.

GRANTOR REPRESENTATIONS

☐ Grantor has full power and authority to convey the Property
☐ If entity: Grantor is duly organized, validly existing, and in good standing

Homestead Certification (Kansas Constitution)

☐ The Property is NOT the homestead of Grantor
☐ The Property IS the homestead of Grantor and both spouses are executing this deed

IMPORTANT: The Kansas Constitution requires consent from both spouses to transfer a homestead owned by a married person. Both spouses must sign this deed for a valid homestead gift.

FIRPTA

☐ Grantor is not a "foreign person" (26 U.S.C. 1445), OR ☐ Grantor is a foreign person and FIRPTA may apply

DELIVERY AND ACCEPTANCE

The Grantor delivers this Gift Deed with present intent to make an irrevocable gift. The Grantee accepts this gift of the Property.

________________________________________
[GRANTEE NAME] — Acceptance of Gift           Date: _______________

EXECUTION

IN WITNESS WHEREOF, the Grantor has executed this Gift Deed this _____ day of _________________, 20_____.

GRANTOR SIGNATURE(S)

Individual Grantor:

________________________________________
[GRANTOR NAME]

Spouse of Grantor (REQUIRED for homestead property):

________________________________________
[SPOUSE NAME]

Entity Grantor:

[ENTITY NAME]

By: ____________________________________
Name: __________________________________
Title: _________________________________

ACKNOWLEDGMENT

NOTE: Kansas requires the Grantor's signature for a valid deed. An acknowledgment or proof and certification is the recording gate; Kansas does not require subscribing witnesses for ordinary deed execution. See K.S.A. 58-2205, 58-2209, and 58-2221.

Individual Acknowledgment (Kansas)

STATE OF KANSAS          )
                         ) SS
COUNTY OF ______________ )

This instrument was acknowledged before me on the _____ day of
_________________, 20_____, by ____________________________________________.

________________________________________
Notary Public - State of Kansas
Print Name: ____________________________
My Appointment Expires: ________________

[NOTARY SEAL]

Acknowledgment by Married Persons (Homestead)

STATE OF KANSAS          )
                         ) SS
COUNTY OF ______________ )

This instrument was acknowledged before me on the _____ day of
_________________, 20_____, by ____________________________________________
and ____________________________________________, husband and wife.

________________________________________
Notary Public - State of Kansas
Print Name: ____________________________
My Appointment Expires: ________________

[NOTARY SEAL]

Entity Acknowledgment (Kansas)

STATE OF KANSAS          )
                         ) SS
COUNTY OF ______________ )

This instrument was acknowledged before me on the _____ day of
_________________, 20_____, by ____________________________________________,
as _________________________ [title] of _________________________________
[entity name], a _________________________ [type of entity], on behalf of
the entity.

________________________________________
Notary Public - State of Kansas
Print Name: ____________________________
My Appointment Expires: ________________

[NOTARY SEAL]

EXHIBIT A - LEGAL DESCRIPTION

Property Address:
[STREET ADDRESS]
[CITY], Kansas [ZIP]

Parcel Identification Number: [NUMBER]

Legal Description:

[INSERT COMPLETE LEGAL DESCRIPTION]

Example formats:

• Lot ___, Block ___, [SUBDIVISION NAME], an addition to the City of [CITY], [COUNTY] County, Kansas, according to the recorded plat thereof.
• The [DIRECTION] [FRACTION] of the [DIRECTION] [FRACTION] of Section ___, Township ___ South, Range ___ [East/West] of the 6th P.M., [COUNTY] County, Kansas.
• [METES AND BOUNDS DESCRIPTION]

County: [COUNTY], Kansas

EXHIBIT B - SPECIFIC EXCEPTIONS (If Applicable)

[List all specific encumbrances, liens, easements, and restrictions that remain after the gift]

1. ________________________________________________________________
2. ________________________________________________________________

KANSAS RECORDING REQUIREMENTS

Filing Information

• Filing Office: Register of Deeds, [COUNTY] County, Kansas
• Recording Fee: K.S.A. 28-115 currently totals $21 for the first page and $17 for each additional page; confirm the current amount and any document-specific charge with the county before recording
• Transfer Tax: Kansas imposes NO real estate transfer tax
• Mortgage Registration Tax: Repealed effective January 1, 2019

Document Requirements (K.S.A. 58-2205, 58-2209)

☐ 3" to 3.5" top margin (check county requirements)
☐ Written instrument; signed by Grantor (K.S.A. 58-2205)
☐ Acknowledged per Uniform Law on Notarial Acts (K.S.A. 58-2209)
☐ Sales Validation Questionnaire exemption clearly stated on the deed (K.S.A. 79-1437e(b))
☐ Both spouses sign for homestead (Kansas Constitution)
☐ Grantee name/address for future tax statements (K.S.A. 58-2221)
☐ Legible and reproducible

Statutory References

• K.S.A. 58-2202, 58-2203, 58-2205 — conveyance / form / signing
• K.S.A. 58-2209 — acknowledgment
• K.S.A. 58-2221 et seq. — recording; notice
• K.S.A. 79-1437c, 79-1437e — Sales Validation Questionnaire; gift exemption
• Kansas Constitution — homestead

TITLE INSURANCE NOTICE

IMPORTANT: A gift deed gives the donee no purchase-money title protection. Grantee is STRONGLY ADVISED to obtain an owner's policy of title insurance from a licensed title insurance company.

☐ Grantee acknowledges receipt of this recommendation

END OF GIFT DEED

Kansas Statutes Annotated Chapter 58