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What Is
A Bequest? Bequests are the actual gift disbursals
that result, upon one's passing, from a specifically worded
commitment in a will or trust agreement. Bequests are unlike
any other gifts we receive because they represent individuals'
final statements about what is most important to them. Every
bequest is a powerful expression of loyalty, good will, and
faith in the future of us and our mission.
I'm Not Wealthy, Can
My Bequest Still Make A Difference? You do not have
to be wealthy to create a legacy. A bequest of any size can
be significant in helping to preserve our mission and our
reach.
I have a will. Do I need
anything else? In addition to a will, most experts
recommend that you have a durable power of attorney, which
allows another person to act on your behalf should you become
incapacitated. Also, a living will is helpful to your heirs
in that it directs at which point you do not want your life
artificially supported.
Can bequests be handled
in a living trust? Certainly. You may wish to consider
a living trust as an estate planning tool. More
information is available. Living trusts may be either
revocable or irrevocable and there are advantages and disadvantages
to consider in both.
What
happens to my personal possessions? Personal possessions
are best distributed through a tangible personal property
memo in which you list the personal items you wish to give
to specific people. Your will must mention the existence of
this memo and you should keep a copy of it with your will.
If a trust agreement
is established as irrevocable, it means that it can't be revoked
(broken) except under unusual circumstances. Why would anyone
want an irrevocable trust? There are always specific
reasons for making an irrevocable trust agreement. Perhaps
it involves a family business where some of the family members
are getting on in years and the family wants to make certain
that management continues to run smoothly even if hindrances,
such as senility, enter the picture.
Many times the reasons for an irrevocable trust involve
estate and/or income tax avoidance. In order to be successful
in such avoidance, the trustor must not have any direct or
indirect power or control over the trust property or income.
The regulations on this subject, set out in the Internal Revenue
Code, must be carefully followed.
What is the difference
between a charitable remainder unitrust and a charitable remainder
annuity trust? The major difference is in the valuation
of the assets of the trust, which establishes part of the
calculation for the determination of the amount of income
received by the income beneficiary(-ies). The annuity assets
are valued at the time the assets are placed in the trust
and are never revalued. Annual payments remain the same, whether
the assets appreciate (increase in value) or decline (lose
value).
The assets in the unitrust are revalued annually. If
the trust assets appreciate, the payment to the income beneficiary(-ies)
will increase. If the trust assets depreciate, the payment
will decrease.
What happens to my assets in a trust
for a charity if the charity goes out of business before the
expiration of the trust? Your trustee is authorized
to name a substitute, if that is the sole charity.
Should I name a charity
as trustee of my charitable remainder trust? This
is often done if the organization is qualified to so act under
local law. The organization's representatives can satisfy
you in that regard. Often they will serve without fee, which
is an additional incentive.
How often should I update
my will or trust? These documents should be updated
any time your financial or your family circumstances change.
As laws vary from state to state, if you move you should have
an attorney licensed in and familiar with the new state's
laws review your will or trust agreement. It is always wise,
even if there are not any significant changes in your circumstances,
to periodically review these important documents. A good rule
of thumb is to review your will every three years.
Can I use my insurance
to benefit charitable organizations? Yes. This is
an area overlooked by many. You can name one or more charities
as alternate or as primary beneficiary. Furthermore, if you
no longer need the policy proceeds in your estate for use
now, you can transfer ownership of the policy to the charity
or charities. If the policy has cash loan value, the charity
can draw this out and use it. In this case, you not only receive
a charitable gift deduction, but any additional premiums you
pay are tax deductible for you now. And, on your death, the
charity receives the balance of the policy proceeds and none
of it is included in your estate for tax purposes.
How
can I fund a charitable gift annuity and how is my income
calculated? The usual funding sources for a charitable
gift annuity are cash and marketable securities. There can
be tax benefits associated with the gift of appreciated securities
(the current market value exceeds the cost or basis value).
As a gift annuity is considered partially a gift and partially
an annuity, part of the gift avoids capital gains tax entirely.
Real estate and other marketable assets may also be used.
Generally, the charity will convert the assets to cash to
fund the annuity.
The income provided you by the annuity is determined by your
age and the age of any additional beneficiary and is calculated
using tables established and filed with regulatory agencies
under which the charity operates its annuity program.
Can I set up a charitable
gift annuity and delay the start of the income until I will
more likely need it, such as at my retirement, when my income
is lower? Yes, there is flexibility in the establishing
of charitable gift annuities that make them a popular and
effective retirement planning vehicle. Using a deferred gift
annuity, the annuity earnings accumulate on a tax-deferred
basis. Thus the deferred payment annuity accomplishes several
things. First, the donor receives a tax deduction in the year
the annuity is established, which is usually when the donor
is in a higher tax bracket. Secondly, the gift to the charity
becomes larger as the deferred earnings increase the annuity's
principal. Finally, since the deferred payment annuity grows
in size while income is deferred, the ultimate income will
be more per year.
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