Philanthropy in Estate Planning

Erin Calpin, Esq.

Philanthropy in estate planning embodies a profound intersection of foresight, generosity, and strategic financial planning, offering individuals a unique opportunity to extend their legacy and impact on the world beyond their lifetime. By thoughtfully integrating charitable giving into their estate plans, individuals not only ensure that their wealth serves meaningful causes close to their hearts but also navigate potential tax benefits, thereby maximizing the value of their bequests for both their heirs and chosen charities. This approach to estate planning not only reflects a deep commitment to making a lasting difference but also invites a thoughtful consideration of one's values, priorities, and the broader impact of personal wealth on society's welfare.

How Can Estate Planning Play a Part in Philanthropy?

Estate planning can play a significant role in philanthropy, allowing individuals to leave a lasting legacy and contribute to causes they care about, even after their passing. Here are several ways estate planning can be used for philanthropic purposes:

Charitable Bequests: Individuals can include charitable bequests in their wills or trusts, specifying that a portion of their estates be given to one or more charitable organizations. This can be a specific amount of money, a percentage of the estate, or certain assets.

Charitable Trusts: There are several types of charitable trusts that can be established as part of an estate plan, such as Charitable Remainder Trusts (CRTs) and Charitable Lead Trusts (CLTs). These trusts allow individuals to provide for their heirs and support charitable organizations, often while also gaining tax benefits.

Charitable Remainder Trusts (CRTs) enable you to receive income (or provide income to another) for a period of time, with the remainder of the trust going to the charity at the end of the trust term.

Charitable Lead Trusts (CLTs), conversely, allow the charity to receive the income interest for a period of time, with the remainder passing to your heirs at the end of the trust term.

Donor-Advised Funds (DAFs): Donor-advised funds are a popular and flexible way to support charities as part of estate planning. Contributors can make a charitable donation to a DAF, receive an immediate tax deduction, and then recommend grants from the fund to their chosen charities over time.

Life Insurance Policies: Life insurance policies can also be used for philanthropic efforts. An individual can name a charitable organization as the beneficiary of his or her policy, ensuring that the charity receives the policy's proceeds upon the individual's death. Additionally, if the policy is gifted to the charity during the individual’s lifetime, the individual may receive a tax deduction.

Retirement Accounts: Retirement accounts, like IRAs or 401(k)s, can be subject to significant taxes when passed on to heirs. By designating a charity as the beneficiary of these accounts, the full value can be transferred to the charity, tax-free.

Endowments: Creating an endowment in your name or in honor of someone else can support a charity or a cause over a long period. This creates a lasting legacy that can support the chosen cause indefinitely.

Real Estate: Gifting real estate to a charity either during your lifetime or through your estate plan can also be a powerful way to support charitable causes. This can include homes, land, or other types of real property.

Tax Benefits: Many of these philanthropic strategies offer significant tax advantages, such as reducing estate taxes, providing income tax deductions, and avoiding capital gains taxes on appreciated assets donated to charity.

Implementing philanthropy into estate planning requires careful consideration and often, consultation with estate planning professionals, tax advisors, and charitable organizations to ensure that your philanthropic goals are met in the most effective way. This collaboration helps in creating a strategy that not only benefits the chosen charities but also aligns with your overall financial and estate planning objectives.

How Common is Philanthropy in Estate Planning?

Philanthropy in estate planning, while not universally adopted, is fairly common among individuals and families with a strong commitment to charitable giving, a desire to leave a legacy, and those who are tax-conscious. Its prevalence can vary significantly based on cultural, regional, and individual financial factors. Here are several key points that illustrate the commonality and impact of philanthropy in estate planning:

High Net Worth Individuals: Philanthropy is especially common in estate planning among high net worth individuals and families. For these groups, philanthropic giving can be a way to contribute to causes they care about while also engaging in tax planning strategies to reduce estate taxes and potentially provide for their heirs in tax-advantaged ways.

Tax Incentives: The tax benefits associated with charitable giving in estate planning, such as reducing estate tax liability and obtaining income tax deductions, make philanthropy an appealing option for many. These tax incentives can significantly influence the decision to include charitable giving in estate plans.

Cultural and Regional Variations: The prevalence of philanthropy in estate planning can vary greatly by region and culture. In some countries, especially those with robust tax incentives for charitable giving, such as the United States, incorporating philanthropy into estate planning might be more common. Cultural attitudes towards philanthropy and the role of family inheritances can also impact how frequently philanthropy is incorporated into estate planning.

Legacy and Values: Many individuals and families see estate planning as an opportunity to pass on their values to future generations. Including charitable giving within an estate plan allows them to leave a legacy that reflects their commitment to certain causes or organizations. This desire to make a lasting impact can make philanthropy a common aspect of estate planning.

Community Foundations and Donor-Advised Funds: The rise of community foundations and donor-advised funds has made philanthropy more accessible to a broader audience, not just the wealthy. These tools allow individuals of varying financial means to set aside funds for charitable purposes, either during their lifetime or as part of their estate plan, increasing the prevalence of philanthropy in estate planning.

Educational and Awareness Efforts: Nonprofit organizations and financial advisors often educate clients and the public about the benefits and possibilities of including philanthropy in estate planning. As awareness of these options grows, so does the incorporation of philanthropic elements in estate plans.

While data on the exact percentage of estate plans that include philanthropy is not readily available, it's clear that charitable giving plays a significant role in the estate planning process for many individuals. The decision to include philanthropy in estate planning is highly personal and can be influenced by a variety of factors, including the individual’s financial situation, tax considerations, personal values, and desired legacy.

Tags

No items found.

Getting in touch

* indicates required

Want to know more about creating an estate plan or the probate process?

You can change your mind at any time by clicking the unsubscribe link in the footer of any email you receive from us, or by contacting us at alec@bmcestateplanning.com. We will treat your information with respect. For more information about our privacy practices please visit our website. By clicking below, you agree that we may process your information in accordance with these terms.

We use Mailchimp as our marketing platform. By clicking below to subscribe, you acknowledge that your information will be transferred to Mailchimp for processing. Learn more about Mailchimp's privacy practices here.

About us

Borenstein, McConnell & Calpin, P.C. is a Wills & Estate Planning law firm serving Central and Northern New Jersey, as well as New York City. We strive not only to give you a great client experience, but to become your trusted adviser for life. To reach Alec, please send an email to alec@bmcestateplanning.com.

NJ Offices:
155 Morris Avenue, Suite 201
Springfield, NJ 07081

3 Werner Way, Suite 230
Lebanon, NJ 08833

NY Office:
4607 Fort Hamilton Parkway
Brooklyn, NY 11219