Once it is established, a charitable remainder annuity trust or a charitable
remainder unitrust is irrevocable. This means that a donor no longer has
access to the trust assets.
Although many donors establish charitable trusts during their lifetimes
and thereby enjoy the several tax and income benefits, some people are
unable to do that. Being charitable, however, and wanting to provide for
a spouse or children, they might consider establishing a testamentary
charitable trust.
A testamentary trust is one that does not take effect until after your
death. You can keep all your assets in your name as long as you live,
then your trust will be funded by the terms of your will after your lifetime.
And because you can change your will at any time, you can also change
the terms of the trust as they are outlined in your will.
The trust can be funded with the residue of your estate, a percentage
of the residue, a specific property or a fixed dollar amount. Your attorney
can draft the provisions in your will following your instructions.
What are some good situations for setting up a testamentary trust? One
spouse might consider establishing a testamentary charitable trust to
ensure that the surviving spouse continues to enjoy the income from an
asset that will someday go to your favorite charitable organizations.
Or parents may want to provide lifetime income for their children with
an asset, but also want a charitable organization like charitable nonprofits
to receive a substantial gift.
A trust in your will can protect your family and your money. It can also
help you avoid taxes. And it can make certain your estate benefits the
individuals and charitable organizations you prefer.
Please contact Mary Ludwig, Development Director at 712-732-5127,
for more information.
The information on this site is not intended as legal, tax or investment
advice. For such advice, please consult an attorney, tax professional
or investment professional.
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