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Estate Planning Series - Part 5 of 7 - Charitable Giving and Estate Planning

  • By: James Rumps
  • 04-25-2023
  • Category: Estate Planning

Charitable giving is an essential part of estate planning for many people. Not only can it benefit the charities you support, but it can also provide significant tax benefits and help you leave a lasting legacy. In this blog post, we'll explore the benefits of charitable giving in estate planning, the different methods of charitable giving, including charitable trusts and donor-advised funds, and how to incorporate charitable giving into your estate plan.

The Benefits of Charitable Giving in Estate Planning
There are many benefits to including charitable giving in your estate plan. First and foremost, it allows you to support causes that are important to you and make a difference in the world. Charitable giving can also help reduce your estate tax liability, which can save your heirs significant money in the long run.

Additionally, charitable giving can help you achieve specific goals, such as creating a scholarship fund or funding medical research. It can also provide an opportunity to involve your family in your philanthropic efforts, passing on your values and legacy to future generations.

Different Methods of Charitable Giving
When it comes to charitable giving in estate planning, there are several methods to consider, each with its benefits and drawbacks. Let's take a closer look at some of the most popular options:

  1. Outright Gifts: An outright gift is the simplest and most common form of charitable giving. This involves donating a lump sum of cash or property directly to a charity. Outright gifts can be tax-deductible and are an excellent way to support charities you care about.
  2. Charitable Trusts: A charitable trust is a legal arrangement that allows you to donate assets to a trust, which then distributes income or assets to a charity or charities of your choice. There are two primary types of charitable trusts: charitable remainder trusts (CRTs) and charitable lead trusts (CLTs). A CRT pays income to you or your beneficiaries for a set period before the remaining assets are donated to charity. A CLT, on the other hand, donates income to a charity for a set period before the remaining assets are returned to you or your beneficiaries.
  3. Donor-Advised Funds: A donor-advised fund (DAF) is a type of investment account that allows you to make a charitable contribution and receive an immediate tax deduction. You can then recommend how the funds are invested and distributed to charities over time. DAFs can be an excellent way to involve your family in your philanthropic efforts and provide flexibility in how your funds are distributed.

Incorporating Charitable Giving into Your Estate Plan
When incorporating charitable giving into your estate plan, it's essential to work with an experienced estate planning attorney who can help you navigate the complex legal and tax implications. Here are some tips for incorporating charitable giving into your estate plan:

  1. Identify Your Charitable Goals: The first step in incorporating charitable giving into your estate plan is to identify your charitable goals. This may involve determining which causes are important to you, identifying specific charities you want to support, or considering what type of legacy you want to leave.
  2. Choose the Right Charitable Vehicle: Once you've identified your charitable goals, the next step is to choose the right charitable vehicle. This may involve selecting an outright gift, a charitable trust, or a donor-advised fund, depending on your specific needs and goals.
  3. Work with Your Estate Planning Attorney: Estate planning can be complex, and it's essential to work with an experienced attorney who can help you navigate the legal and tax implications of your charitable giving. Your attorney can help you draft the necessary documents and ensure that your wishes are carried out.
  4. Involve Your Family: Charitable giving can be an excellent opportunity to involve your family in your philanthropic efforts and pass on your values and legacy to future generations. Consider involving your children or grandchildren in a charitable trust.

One popular type of charitable trust is a charitable remainder trust (CRT). This type of trust allows you to make a significant charitable donation while still receiving income from the trust during your lifetime. With a CRT, you transfer assets into the trust, which then pays out a fixed percentage of the assets’ value to you or a designated beneficiary. After the trust terminates, the remaining assets are donated to the charity or charities of your choice.

Another type of charitable trust is a charitable lead trust (CLT). A CLT allows you to donate assets to a charity during your lifetime while still retaining some control over those assets. With a CLT, you transfer assets into the trust, which then pays a fixed amount to the charity of your choice for a set number of years. After that time, the remaining assets are returned to you or distributed to your heirs.

Donor-advised funds (DAFs) are another popular method of charitable giving. A DAF is a type of investment account that allows you to make contributions to the fund, receive an immediate tax deduction, and then recommend how the funds are distributed to charity over time. This allows you to make a significant charitable contribution while still maintaining some control over how the funds are used.

When it comes to incorporating charitable giving into your estate plan, there are several strategies to consider. One option is to name a charity or charities as a beneficiary in your will or trust. This can be a straightforward way to make a charitable contribution while ensuring that your assets are distributed according to your wishes.

Another option is to establish a charitable remainder trust or charitable lead trust. These trusts allow you to provide ongoing support to a charity while also providing income for yourself or your heirs. Additionally, because charitable trusts are tax-exempt entities, they can help to reduce your estate tax liability.

Overall, charitable giving can be an excellent way to incorporate philanthropy into your estate plan while also providing tax benefits and supporting the causes you care about. If you are interested in incorporating charitable giving into your estate plan, it is important to work with an experienced estate planning attorney who can help you understand your options and develop a plan that meets your specific needs and goals.

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