Legal Question, could someone help?

Question

My father made a deed of some property to me through an attorney however it says deed of gift, whats that mean? And can he later add stipulations?

Answer 1

A deed of gift is just that - a gift.  It's normally reserved for real property (land) but can include tangible/personal property.  While it's still a "gift", if it deals with real property (land), then there has to be some consideration - normally some nominal fee, which will be stated early in the deed language.  

As for the stipulations - yes.  Your father can put almost any stipulation he wishes.  The most common deal with what you can do with the property.  However, those stipulations must be included in the deed language and normally cannot be added at a later date.

Depending on what state you are in, while you have the deed in your possession, you may want to make sure that the deed has been "recorded" and/or "filed" in the proper governmental office.  

Answer 2

Well the real question here is? on this deed that you have, did your dad sign it over to you already??

If he did theres nothing he could do.. but if he hadn't, he could go to a lawyer and start asking questions. Either way best of luck!

he could of went and put it as a deed of a gift, which means his name is on it until something happens to him, and he's still able to do what he wants with the property that you have the deed for..

I seen that some people or state that if he gave it to you that he can't.. thats no true, I'd say that if he's doing a deed of trust, or a gift deed to you, his name more than likely is still on it meaning he owns it and he don't have to have your permission to do anything with the land..

Answer 3

No - once the gift is made, he can't attach  further conditions unless the transfer specifically states that he can.

Answer 4

he can add whatever he wants to add

Answer 5

No.  It is yours now and he would need your permission to change it.  A deed is proof of ownership.  The fact that it was a gift has no bearing on your ownership.

Answer 6

Yep...he can add stipulations as he feels necessary.  My father in law put a stipulation that my wife wouldn't inherit any money until she was 35.   Nothing you can do except wait it out.  

Answer 7

Normally a deed can only be amended by the person named on the deed.  If your father's name is still on it, he might be able to change the language, but I doubt he could do it without your permission.

Deed of gift just means that, he gifted it to you, so no money exchanged hands.  In many states at least a $1 has to be stipulated on the deed to make it a legal transaction of property exchange, or it has to be stated it's a gift.  

Answer 8

It sounds like he has already given it to you and you have the deed.  If your old enough you should go have it transferred into your name.  (If your not old enough then I would recommend you stay on his good side.}