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More on Charitable Lead Trusts

Stuart Kessler, CPA/PFS

I would like to add to the recent fine article by Edward Mendlowitz and Sidney Kess, “Assisting Individuals with Charitable Legacies” (April 2016, p. 64). Although the authors do mention charitable lead annuities or unitrusts, they are given short shrift under “other methods.” It has been my experience that when I discuss the topic of charitable giving as a legacy, clients react very favorably to the charitable lead trust (CLT).

If I am advising a married couple, I normally recommend that the CLT become operative in the will of the survivor. Therefore, there is no diminution of the funds available to the surviving spouse on the first spouse's passing. The clients who are seeking charitable legacies react very favorably when I discuss how the CLT will not only carry their names for a fixed period of time (e.g., the John and Mary Smith Charitable Lead Trust), but also how their heirs will eventually receive the funds of the CLT at some later date.

The advantages to the family include the following:

  • A charitable deduction for the estate, reducing the overall estate tax.

  • The possibility that the value of the assets in the CLT will grow during the period it is in effect, increasing the inheritance received estate tax–free.

  • In effect, the heirs will receive a second “bite of the apple” years later, at the end of the trust's term, when they may enjoy their additional tax-free inheritance. (I normally recommend an eight- to ten-year term for the CLT.)

  • The heirs, presumably the client's children, will be named as the trustees of the CLT. As such, they are effectively receiving a charitable inheritance. They will be making charitable gifts in their parents' name and be given the opportunity to become part of the charitable giving community. This is what really resonates with clients.

I have seen this in successful operation in a number of estates. It is a win/win charitable legacy.

Stuart Kessler, CPA/PFS. New York, N.Y.

 
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