Transfers / Gifts

Many people consider transferring part or even all of their assets to their children or other beneficiaries during their lifetime through an anticipated succession. Such transfers generally require notarization to be valid, e.g., the issuance of a promise of gift, the gratuitous transfer of real property, inheritance shares, and business shares, as well as the accompanying waivers of inheritance and statutory shares by legal heirs in many cases.
The decision as to whether it makes more sense to make a gift through a lifetime transfer or through a testamentary disposition must be made after considering all legal and tax consequences.
The following advantages, among others, speak in favor of a lifetime gift:

• Gift and estate tax exemptions can be utilized multiple times by spreading out the taxable transactions over time;
• by establishing a right of residence or an obligation for the donee to make compensation payments to the donor, the donor’s support can be ensured within the framework of the transfer agreement;
• An early transfer of real estate from parents to their children can ease the parents’ burden of maintaining the property and help the children establish their own households for their families.

As a notary, I will draft a contract tailored to your specific needs following a personal consultation—ideally together with your tax advisor.
Please look under “Forms” for the Transfer Agreement form, fill it out with your personal information, and email the completed form to us via a secure connection with a single click; we will then contact you immediately.