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

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Multi-State
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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

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.

You can make a gift bequest to benefit MCCF by designating a dollar amount, securities, specific property or a percentage of the remainder of your estate. According to current laws, your estate will receive a charitable deduction for the donation, so your heirs will not be required to pay estate tax on these assets.

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.

Naming a charity as a life insurance beneficiary is simple: Write in the charity name and contact information when you choose or change your beneficiaries. You can name multiple beneficiaries and specify what percentage of the death benefit should go to each.

1) Vested interest is not affected by the rule because once the interest are vested it cannot be bad for remoteness. 2) The rule is not applicable to land purchased or held by Corporation. 3) Gift to charities, the rule does not apply to transfer for the benefit of public for religious, pious, or charitable purposes.

Generally, you can name anyone, even a charity, as the beneficiary of your life insurance policy or retirement account. You can leave the entire amount of your death benefit to a charity or designate that only a portion of the proceeds goes to the charity and the remainder to a family member or other beneficiary.

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.

Unlike with private trusts, the common law Rule Against Perpetuities (Rule) does not apply to the duration of charitable trusts.

Charitable Beneficiary means one (1) or more beneficiaries of the Trust as determined pursuant to Section 5.9(iii)(f), provided that each such organization must be described in Section 501(c)(3) of the Code and contributions to each such organization must be eligible for deduction under each of Sections 170(b)(1)(A),

RULE AGAINST PERPETUITIES. The rule against perpetuities applies to trusts other than charitable trusts. Accordingly, an interest is not good unless it must vest, if at all, not later than 21 years after some life in being at the time of the creation of the interest, plus a period of gestation.

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