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  • 1.  Gift Scenario

    Posted 01-13-2023 01:57 PM

    How would you handle this scenario

     

    A donor signs a transfer of death agreement.  When he passes we call to see how to get the funds and were told that the account was closed and there is no funds.  The spouse did not sign this agreement.  The spouse has signed a transfer of death agreement for a lesser amount.  Would you adjust the prior agreement to 0 and then add a new gift or decrease that gift to the lesser amount? 

     

    Thank you.

     

    Dina

     

    Dina Sorrentino, bCRE-Pro image001.png@01D496D4.8F606780, bcRE-NXT image001.png@01D496D4.8F606780
    Sr. Director for Advancement Services and Research
    Office: 941-359-7593 | Cell: 941-266-1227
    dsorrent@ringling.edu | www.ringling.edu

    f_jqs6a2pd1
    Turning passion into profession

    This transmission may contain information that is privileged, confidential and/or exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of the information contained herein (including any reliance thereon) is STRICTLY PROHIBITED. If you received this transmission in error, please immediately contact the sender and destroy the material in its entirety, whether in electronic or hard copy format. Thank you.

     



  • 2.  RE: Gift Scenario

    Posted 01-13-2023 02:15 PM
    You may want to have Counsel chat with the executor and estate legal representative. TOD agreements are typically legally binding on the estate, established to avoid probate. However, depending on the structure of the agreement, it is entirely possible that other designations took the available funds. But, it is also possible the trustee for the estate was not aware of the TOD.

    Once you have those chats - and if you determine that there was in fact no money left to honor your TOD, then I would remove that agreement from your system and replace it with the new one on the spouse record.

    John

    John H. Taylor
    Principal
    John H. Taylor Consulting, LLC
    2604 Sevier St.
    Durham, NC   27705
    919.816.5903 (cell/text)

    Serving the Advancement Community Since 1987






  • 3.  RE: Gift Scenario

    Posted 01-13-2023 02:19 PM

    Thanks John

     

    Would you count the new gift in your fundraising totals? 

     

     

    Dina Sorrentino, bCRE-Pro image001.png@01D496D4.8F606780, bcRE-NXT image001.png@01D496D4.8F606780
    Sr. Director for Advancement Services and Research
    Office: 941-359-7593 | Cell: 941-266-1227
    dsorrent@ringling.edu | www.ringling.edu

    f_jqs6a2pd1
    Turning passion into profession

    This transmission may contain information that is privileged, confidential and/or exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of the information contained herein (including any reliance thereon) is STRICTLY PROHIBITED. If you received this transmission in error, please immediately contact the sender and destroy the material in its entirety, whether in electronic or hard copy format. Thank you.

     

     

     






  • 4.  RE: Gift Scenario

    Posted 01-13-2023 02:23 PM
    If it is from the spouse and not the deceased, yes. It would be similar to my including you in my will but dying penniless (let's hope not). But then my wife subsequently included you in her will to make amends. These are two different commitments from two different people.

    John

    John H. Taylor
    Principal
    John H. Taylor Consulting, LLC
    2604 Sevier St.
    Durham, NC   27705
    919.816.5903 (cell/text)

    Serving the Advancement Community Since 1987







  • 5.  RE: Gift Scenario

    Posted 01-13-2023 02:32 PM
    Thank you!

    Sent from my iPhone