FundSvcs Community

 View Only
  • 1.  I don't think this is a planned gift

    Posted 09-25-2025 01:33 PM
    Edited by Eric Valdescaro 09-25-2025 01:54 PM

    We have a donor whose mother passed and left money in her CRT for us.  However, the remainder from the CRT didn't come directly to us.  The son converted the CRT into a new family trust with a new name (i.e., Smith Charitable Trust) for the purpose of making distributions to the intended beneficiaries (of which we are one).  Recently, a gift agreement was signed with the son, agreeing to give us $X a year for several years from this new family trust.  The gift agreement has been designated as a "Planned Gift Agreement," but I don't believe it's a planned gift because the disbursement has gone to an intermediary entity (the family trust) and didn't come directly from the CRT -- nor was the CRT previously recorded in or system.

    In other words, there is no planned giving vehicle -- the money is just coming from the new trust.  I discussed it with our Director of Planned Giving and he didn't even know about this agreement and upon reading the details, didn't see a PG vehicle being used to disburse the money to us either.  My understanding is that for this to be a CRT planned gift, we would've had to record the CRT while the mother was alive.  I believe this is just a standard pledge where the family trust is now the donor.  But the agreement was already signed (as a "planned gift") before I even got to view it, so I'd like some opinions on this before I discuss it further internally.  Thank you!



    ------------------------------
    Eric Valdescaro
    Kennesaw State University
    evaldesc@kennesaw.edu
    ------------------------------



  • 2.  RE: I don't think this is a planned gift

    Posted 09-25-2025 01:45 PM
    Have you seen the original CRT document? If you were named as a beneficiary then you should probably record these as realized bequests. However, I'm surprised if the CRT directed the creation of the Family Trust to then distribute to you. Normally, when a revocable beneficiary is named in a CRT the cash designated for you is sent to you!

    Can you get your hands on that original trust document?

    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: I don't think this is a planned gift

    Posted 09-25-2025 02:17 PM

    Good question John, I'll see what I can do.



    ------------------------------
    Eric Valdescaro
    Kennesaw State University
    evaldesc@kennesaw.edu
    ------------------------------



  • 4.  RE: I don't think this is a planned gift

    Posted 09-25-2025 02:33 PM
    It feels strange that "your" money would be placed in a family trust.

    A CRT is designed such that when the term ends or the beneficiaries pass away, the remaining assets in the trust, known as the "remainder," are transferred to one or more designated charities. The funds are not intended to be transferred to a new fund or distributed gradually over time.

    However, perhaps you were not named as a beneficiary of the trust, but rather as a beneficiary in the will. The liquidation of the CRT can go to a private foundation or supporting organization. However, that private foundation must be named as the beneficiary (and typicallyy exists already). From that point, the money belongs to the foundation, which has its own board and mission. They can then decide who to give what to and when. What you receive in the future are gifts from that Foundation.

    However, a purely private family trust that will later make charitable gifts is not a qualified charity! That would cause the CRT to fail to qualify as a CRT.

    Eric, this can obviously become quite complicated. After you gather copies of all the documents (original CRT instrument, will, and new Foundation/Trust documents), you might want to consider involving Counsel. Your donor and their estate may not have handled things correctly.

    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







  • 5.  RE: I don't think this is a planned gift

    Posted 09-26-2025 07:32 AM

    Thanks again John.  This is very helpful.  The folks who know most about this have been out this week, so I've been using the time to see what I can determine on my own and with the help of this group.  When they return on Monday, I'll begin implementing your suggestions.



    ------------------------------
    Eric Valdescaro
    Kennesaw State University
    evaldesc@kennesaw.edu
    ------------------------------