What is Donation Inter Vivos? A Comprehensive Legal Overview

Q: What is the difference between a donation inter vivos and a will?

A donation inter vivos is a gift made during the donor&#039;s lifetime, while a will distributes assets after the donor&#039;s death.

Q: Can a donation inter vivos be revoked?

Generally, once a donation inter vivos is made and accepted, it cannot be revoked.

Q: Are there tax implications for making a donation inter vivos?

Yes, there may be tax implications depending on the value of the gift and state laws.

Definition & Meaning

Donation inter vivos is a legal term that refers to the transfer of personal property from one person (the donor) to another (the donee) while the donor is still alive. This type of donation is made with the intention of giving up all control over the property permanently. Unlike a donation made in anticipation of death, known as donatio mortis causa, a donation inter vivos occurs when the donor is not facing immediate death. This type of gift is also referred to as a lifetime gift or absolute gift.

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Legal Use & context

Donation inter vivos is commonly used in various legal contexts, particularly in estate planning and property law. It allows individuals to transfer assets during their lifetime, which can help reduce the size of their estate for tax purposes or ensure that their wishes are fulfilled while they are still alive. Legal forms related to this type of donation can often be found on platforms like US Legal Forms, providing users with templates that have been drafted by qualified attorneys.

Key legal elements

Real-world examples

Here are a couple of examples of abatement:

Example 1: A grandmother decides to give her antique jewelry collection to her granddaughter as a donation inter vivos. She presents the jewelry to her granddaughter and expresses her desire to make the transfer permanent.

Example 2: A couple donates a piece of real estate to a local charity while they are alive, ensuring that the property is used for community benefit. (hypothetical example)

State-by-state differences

State	Key Differences
California	California allows for tax exemptions on certain donations inter vivos under specific conditions.
New York	In New York, donations inter vivos may require formal documentation to be legally binding.
Texas	Texas has specific laws regarding the transfer of real property that may affect donations inter vivos.

This is not a complete list. State laws vary, and users should consult local rules for specific guidance.

Comparison with related terms

Term	Definition	Key Differences
Donation inter vivos	Transfer of property during the donor's lifetime.	Irrevocable and not dependent on the donor's death.
Donatio mortis causa	Gift intended to take effect upon the donor's death.	Revocable until the donor passes away.

Common misunderstandings

What to do if this term applies to you

If you are considering making a donation inter vivos, it is important to document the transfer properly. You can use legal templates available on US Legal Forms to create the necessary documentation. If the situation is complex or involves significant assets, consulting with a legal professional is advisable to ensure compliance with all applicable laws.

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Quick facts

Typical fees: Varies by state and complexity of the donation.
Jurisdiction: Governed by state law.
Possible penalties: Revocation of the gift if not properly documented.

Key takeaways

Frequently asked questions

What is the difference between a donation inter vivos and a will?

A donation inter vivos is a gift made during the donor's lifetime, while a will distributes assets after the donor's death.