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In order for a gift deed to be valid they must meet the following requirements: The grantor must intend to make a present gift of the property, the grantor must deliver the property to the grantee, and the grantee must accept the gift.
No guarantees to the new owner: Unlike a warranty deed, a quitclaim deed does not guarantee that a property is free from title defects such as tax liens or title claims from third parties. For this reason, it is a poor legal instrument to use when selling a piece of property for cash considerations.
The current owner transferring property must sign a West Virginia deed. The county clerk cannot record an unsigned deed. An agent acting under power of attorney can sign a deed on the owners behalf if the owner has signed a power-of-attorney agreement giving the agent authority. Notarization.
The buyer, or grantee, of a property benefits the most from obtaining a warranty deed. Through the recording of a warranty deed, the seller is providing assurances to the buyer should anything unexpected happen.
West Virginia has legalized TOD deeds by enacting the WV Real Property Transfer on Death Act. Previously, a property owner would most likely have named a beneficiary by creating a life estate with a remainder interest, a more complicated option usually involving a property lawyer.
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What does a quitclaim deed do? A quitclaim deed transfers the title of a property from one person to another, with little to no buyer protection. The grantor, the person giving away the property, gives their current deed to the grantee, the person receiving the property.
A general warranty deed is a type of West Virginia deed that transfers property with general warranty. A property owner who signs a general warranty deed promises to stand behind the transferred titledefending the new owners property rights against competing claims.
West Virginia law requires that a quitclaim deed must be in writing and signed by the grantor. The grantors signature must either be acknowledged or done in the presence of two witnesses. To be effective against third parties, the deed must be recorded, and a filing fee and a transfer tax must be paid.
West Virginia follows formal requirements for establishment of joint tenancy, and provides that any joint tenancy or tenancy by the entirety is treated as a tenant in common. The state has abolished rights of survivorship.
Disadvantages of a Transfer on Death Deed For example, your property will be subject to probate court if your beneficiary predeceases you and you lack an alternate estate plan. Another disadvantage is if you co-own property under a joint tenancy.

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