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  • 1.  Bequest expectancy fulfilled by the surviving spouse

    Posted 11-06-2024 10:54 AM

    A donor made a bequest commitment of $100,000 a decade ago, and has recently passed away. His surviving spouse has indicated that he plans to satisfy his deceased spouse's commitment in $25,000 installments over four years (via QCDs from his IRA). What is the best practice here - should we apply these gifts as payments toward the decedent's planned gift expectancy (with recognition/soft credit to the surviving spouse), or should they be recorded as outright gifts?



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    Katie Bell
    University of Richmond
    katie.bell@richmond.edu
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  • 2.  RE: Bequest expectancy fulfilled by the surviving spouse

    Posted 11-06-2024 11:00 AM
    You will want to confirm the legal ownership of the IRA. It is likely now in the spouse's name-ownership may have transferred to him. In that case, you will probably want to close out the bequest expectancy and create a pledge in the spouse's name.

    However, if the IRA legally remains in the decedent's name (unlikely), then I would leave the expectancy "open" and apply the annual distributions to it.

    John

    John H. Taylor, Principal
    John H. Taylor Consulting, LLC
    2604 Sevier Street
    Durham, NC     27705

    919.816.5903 (cell/text)

    Serving the Advancement Community Since 1987






  • 3.  RE: Bequest expectancy fulfilled by the surviving spouse

    Posted 11-06-2024 11:10 AM
    There is a third scenario. The deceased may have directed the spouse, as trustee, to satisfy the commitment while transferring ownership of the IRA to the spouse. As long as the spouse serves as executor/trustee for handling the transaction, I think you would be okay recording the payments as coming from the deceased.

    Regardless, you need more information!

    John

    John H. Taylor, Principal
    John H. Taylor Consulting, LLC
    2604 Sevier Street
    Durham, NC     27705

    919.816.5903 (cell/text)

    Serving the Advancement Community Since 1987







  • 4.  RE: Bequest expectancy fulfilled by the surviving spouse

    Posted 11-06-2024 11:40 AM

    Thank you so much for this great advice, John. I really appreciate it!



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    Katie Bell
    University of Richmond
    katie.bell@richmond.edu
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