Florida Provision in Testamentary Trust with Bequest to Charity for a Stated Charitable Purpose

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Multi-State
Control #:
US-0658BG
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Word; 
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Description

This form is a sample provision in a testamentary trust with a bequest to charity for a stated charitable purpose.

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FAQ

In charitable lead trusts, the income beneficiary is the designated charitable organization. Inter vivos: (during life) An inter vivos trust is a trust that is created and takes effect during the grantor's lifetime. Irrevocable trust: An irrevocable trust is one that, by its terms, can't be revoked.

Although we commonly think of trust beneficiaries as single individuals, it is also possible to name an organization, such as a charity, as the beneficiary of a revocable trust. The process of naming the charity as the beneficiary is virtually no different than the one used to name an individual.

Beneficiary: Beneficiary(ies) refers to the person, persons, or organization that receives payments or assets from a trust. Beneficiaries can be either charitable or non-charitable, and can be either an income beneficiary or a remainder beneficiary. The beneficiary holds the beneficial title to the trust property.

You can give any amount (up to a maximum of $100,000) per year from your IRA directly to a qualified charity such as Trust for Public Land without having to pay income taxes on the money.

Subject to the terms of the trust deed, the trustee can distribute income or capital to a charity.

Trusts can be grouped into several different categories, but two of the most common are simple trusts and complex trusts. By definition, simple trusts are not permitted to make charitable contributions, as all the income generated through a simple trust must be distributed to the trust's beneficiaries.

A testamentary charitable remainder trust is created with assets upon your death. The trust then makes regular income payments to your named heirs for life or a term of up to 20 years.

As noted above, estates and some older trusts may be eligible for an expanded charitable deduction for amounts permanently set aside for charity. For an irrevocable trust to qualify for a charitable set-aside deduction, in general, (1) no assets may have been contributed to the trust after Oct.

Naming the AEF DAF as the remainder beneficiary provides great flexibility to the donor and advisor in case the advisor or donor changes wealth management firms at some point. The donor can also use the DAF as the vehicle for their lifetime charitable giving by funding it through distributions from their CRT.

You may designate your donor-advised fund account as the beneficiary of a life insurance policy or you may make a gift of the policy itself. You can name your donor-advised fund account as primary beneficiary of your life insurance policy or as contingent beneficiary should your other beneficiaries not survive you.

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Florida Provision in Testamentary Trust with Bequest to Charity for a Stated Charitable Purpose