Planned Giving and Estate Planning

Rev. Cecil Williams and Janice Mirikitani founded GLIDE on the ideals that no one should ever be turned away. By including GLIDE in your estate planning, you can help ensure that their vision carries on into the future.

Frequently Asked Questions

1. I need to write a will. Can GLIDE help?

2. How do I include GLIDE in my will or living trust?

3. What's the big advantage of making GLIDE a beneficiary of my retirement plan?

4. What kind of donors should consider a charitable remainder trust?

5. How can I give my home and keep it too?

6. Why does GLIDE need planned gifts?

7. What should I do if I have remembered GLIDE in my estate plan?

8. I don't have an estate plan. What should I do?

9. How do I make a bequest to GLIDE?

10. Is there a simple way for me to put GLIDE in my estate plan?

11. Can GLIDE help me with a charitable trust?

12. Does GLIDE offer gift annuities?

13. May I set up an endowed fund at GLIDE?
14. How can GLIDE help me get my estate plan done and gift made?

15. Will GLIDE cover my legal fees if I name them in my estate plan?

 

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1. I need to write a will. Can GLIDE help? 


Yes, just ask for our free Estate Planning Kit, which includes:


  • A readable but authoritative introduction to wills, living trusts and basic estate planning
  • An Estate Planning Inventory Form to help you get a clearer notion on the worth of your estate
  • Information on how to remember GLIDE in your estate plan

Effective estate planning usually takes time, effort and a good attorney. In the end your plan will allow your family to avoid the delay, dissension and needless expense that often occurs when a loved one dies without a will. Once you have taken care of your family's needs, please consider a thoughtful bequest to GLIDE. back to the top


2. How do I include GLIDE in my will or living trust?

 

The most common way people remember GLIDE in a will or living trust is through a charitable bequest. You do not have to rewrite your current documents. You simply add an amendment, called a codicil, to your will or living trust. Here is some suggested language you can have your attorney review:

 

TO USE IN YOUR WILL OR LIVING TRUST -- IN CONSULTATION WITH YOUR ATTORNEY:

 

I give devise and bequeath to GLIDE (tax I.D. 94-1156481), located in San Francisco, California, the sum of _______________________  dollars ($ _______________) OR _____________________ percent (________%) of the rest, residue and remainder of my estate OR ______________________ percent (________%) of the rest, residue and remainder of my estate after gifts to the following individuals ____________________________________________________________ OR the following described property: ______________________________________

Your bequest is entirely under your control during life and becomes irrevocable only at death. back to the top


3. What's the big advantage in making GLIDE a beneficiary of my retirement plan?


A designation in your IRA or other retirement plan may be a very cost-effective way of making a gift to GLIDE. If you leave your retirement plan to your children, they will have to pay income tax on either a lump sum distribution or the income stream from the plan. GLIDE does not pay this tax. Here's an example of what this can mean to your heirs:

 

A widower died a few years ago. He left his $300,000 house to charity and his $300,000 retirement plan to his relatives. He should have done just the opposite. The relatives had to pay income tax on the $300,000 in the retirement plan, an $80,000 cost to them. If they had received the home, and the charity had received the retirement plan payment, no one would have paid income tax. back to the top


4. What kind of donors should consider a charitable remainder trust?


Donors who want income for life, bypass of capital gains tax on stock or real estate, reduced taxes, and the satisfaction of providing for GLIDE. Anything you place in a charitable trust--cash, stock, real estate--is invested by the trustee to pay you income for the rest of your life and, if you wish, pay your heirs for life or for a term of years. After the death of all income beneficiaries, what remains in the trust passes to GLIDE.

 

Your trust may provide you with some important tax benefits:

 

  • An immediate income tax deduction for a percentage of your gift. We will be happy to give you an idea of the size of your deduction. We simply need to know the ages of the income beneficiary(ies) and the payout rate of the trust.
  • No tax on the sale of appreciated property. From the donor's point of view, this is often the most important tax benefit. Sometimes thousands of dollars that would have gone in capital gains taxes remain in the trust generating income to the income beneficiaries.
  • The trust principal is not subject to estate tax. Property that might otherwise be subject to federal estate tax is preserved from estate tax entirely. The calculated value of any future stream of income to named surviving beneficiaries is, however, included in the estate and subject to tax.

Appreciated real estate is often an excellent asset to place in a charitable trust. Mature investment properties are frequently earning only two, three, or four percent of their fair market value per year. When these properties are sold and the proceeds reinvested by the trust, earnings often increase significantly.

 

Under ordinary circumstances, owners face substantial capital gains taxes when they sell rental properties or commercial real estate. In some cases personal residences are also subject to capital gains taxes even after the $250,000 per individual or $500,000 couple exemption has been used. In any case, because your charitable trust will be selling the property, there will be no capital gains taxes due when the real estate is sold. Thus the entire net proceeds from the sale can be reinvested to produce more income for you.

 

Gifts of appreciated stock are ideal for funding a charitable remainder trust because the stock can be reinvested by the trust for greater income while bypassing capital gains taxes at the time of the sale.

 

Some people find it useful to give an undivided percentage interest of real estate to a charitable trust rather than all of it. For example, a donor contributed 75% of a vacant lot into a charitable trust. When the lot was sold, about $70,000 came directly to her from the sale while $210,000 remained in the trust. Some of her $70,000 was taxable, but she used the income tax deduction generated by her gift to the trust to offset the tax due on the gain built into the $70,000 she received.

 

There are two basic types of charitable remainder trusts. An annuity trust will pay you a fixed dollar amount for the rest of your life. A unitrust will pay you a fixed percentage of the trust principal each year, so if the value of the trust principal increases over time, your income increases with it. By law, your trust must pay you at least 5% of principal. You may choose a higher payout rate if you wish, but the higher the payout rate, the lower your income tax charitable contribution deduction. Also, selecting the highest rate possible may not work in your best interests for other reasons. If trust principal declines under the strain of meeting the higher rate, your income will decline with it. Also, the higher payout will produce a lower remainder value and the remainder value must equal or exceed 10% of the trust funding value for it to qualify as a Charitable Remainder Trust. On the other hand, a lower payout rate may allow the principal to grow, and your income will grow with it and will also enhance the chances of its passing the 10% test. Additions can be made to a unitrust at any time, but you can contribute to an annuity trust only once.

 

Finally, your trust must have a trustee. If you have an individual trust tailored to your circumstances, the trustee can be a commercial institution such as a bank or trust company, an individual with professional experience in trust management, a relative, or yourself. There are some complications in acting as trustee yourself, but it can be done if you understand and comply with IRS regulations and are aware of the trust investment management considerations to minimize income taxation of Charitable Trusts. GLIDE will be happy to supply you with a list of possible trustees or information on being your own trustee.

 

The basic advantages of charitable trusts are not difficult to understand:

 

  • diversification of your assets without incurring capital gains taxes,
  • lifetime income,
  • immediate income tax benefits,
  • reduction of estate tax,
  • the satisfaction of providing for a good cause.

There are even ways these trusts can benefit your heirs that we have not covered. But the first thing you should do is find out if a charitable trust makes sense for you.

 

GLIDE will provide you with tax and income calculations tailored to your particular situation. This will give you and your advisors the information needed to make an informed decision as to whether a charitable trust meets your financial and philanthropic objectives. All information is provided confidentially and without cost or obligation. GLIDE deeply appreciates your willingness to help continue its work. back to the top


5. How can I give my home and keep it too?


A charitable life tenancy agreement allows you to give a personal residence or farm to GLIDE while retaining the right to live there for life. Donors who enter a life tenancy agreement receive an immediate income tax deduction. The deduction is based on the present value of the home discounted by the estimated length of time the charity must wait to receive the home. To put it simply, a person age 70 will receive a larger deduction than will a person age 50.

 

The IRS grants the deduction even though the donor continues to enjoy full use of the home. But the IRS also expects the owner to have full responsibility for the care and maintenance of the home. That's why life tenancy agreements simply continue things as they are currently, with the donor dealing with maintenance, property taxes, insurance and the like. The major benefits to the donor, then, are continued use of the home, an immediate charitable income tax deduction, the avoidance of probate, the avoidance of estate tax on the property, and the satisfaction of making a substantial gift to GLIDE during one's lifetime. back to the top


6. Why does GLIDE need planned gifts?


The short answer is that GLIDE needs gifts to:

 

  • feed the hungry
  • help children, youth and families in need
  • provide a second chance to those recovering from substance abuse, domestic violence, and sexual abuse, and dealing with anger and self-esteem issues.

GLIDE addresses every facet of human dignity and survival, from the basic needs of food and shelter, to education and employment, to physical, mental, and spiritual empowerment. GLIDE carries out this work in a spirit of unconditional love rooted in the belief that people of every race, age, ethnicity, religious belief, gender, and sexual orientation have the right to respect and acceptance.

 

For all of these reasons GLIDE is asking you to set aside something in your estate that will perpetuate your values by providing basic human services to those who need them most in a spirit of unconditional love. back to the top


7. What should I do if I have remembered GLIDE in my estate plan?


We would be honored to enroll you in the Cecil Williams Seeds of Hope Legacy Society. back to the top


8. I don't have an estate plan. What should I do?


Have GLIDE send you its free Estate Planning Kit. The kit provides explanations of wills and living trusts, and gives you the names of some local estate planning attorneys. back to the top


9. How do I make a bequest to GLIDE?


Use language similar to the following:

 

"I give devise and bequeath to GLIDE (tax I.D. 94-1156481), located in San Francisco, California, the sum of _____________________________ dollars ($ _______________) OR ___________________ percent (__________ %) of the rest, residue and remainder of my estate OR the following described property: ____________. back to the top


10: Is there a simple way for me to put GLIDE in my estate plan?


Bequests are simple to put in your will or living trust. There are two other ways as well. (1) You can name GLIDE as a beneficiary of your life insurance. Just get a beneficiary form from your insurance company. (2) You can name GLIDE as a beneficiary of your IRA. Get a beneficiary designation form from your IRA manager. IRA gifts to GLIDE are tax-wise. Individuals must pay any tax due on an IRA, but GLIDE can accept IRAs without paying tax. back to the top


11: Can GLIDE help me with a charitable trust?


Yes. GLIDE can show you how to contribute cash, stock or real estate to a charitable trust, can estimate your income tax deduction and your cash flow from the trust, and can show you the value of your bypassing capital gains tax. back to the top


12. Does GLIDE offer gift annuities?


Yes. This simple contract offers many of the same benefits of a charitable remainder trust, but the payments to you are fixed, guaranteed, and partially tax-free. The older you are, the higher the payment. back to the top


13. May I set up an endowed fund at GLIDE?


Yes. GLIDE and you write a letter of agreement creating your endowed fund. You get an immediate dollar-for dollar tax deduction when you fund it. The fund becomes a permanent resource producing income for GLIDE. back to the top


14. How can GLIDE help me to get my estate plan done and gift made?


Think of GLIDE as a resource for information on estate planning and planned giving. We'll be pleased to send you our estate planning kit. We can also provide you and your advisers with tax and income calculations for charitable trusts, charitable gift annuities, and other methods of securing tax and income benefits through gift planning. back to the top


15. Will GLIDE cover my legal fees if I name them in my estate plan?


Unless there is a case of financial hardship, No. GLIDE and other nonprofit organizations need to make sure that there is neither undue influence nor the appearance of undo influence in these matters. Charities keep themselves at arms length and donors assure themselves of independent legal counsel when the donors pay their own legal fees. back to the top

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

GLIDE  330 Ellis Street, San Francisco, CA 94102 | 415.674.6000

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