I have made several
large, multiyear pledges to nonprofit groups that I support. I am healthy now,
both financially and physically, but in my late 70s. As I get older, I am
concerned that these charities receive the assets even if I should die before
fulfilling my commitments. I am considering making them beneficiaries to my life
insurance policy. Is this the best solution?
Because
life insurance
proceeds are generally income tax–free to the beneficiary, leaving the proceeds
to an heir would be a more desirable option than leaving them to charity.
Another disadvantage of using life insurance is that the beneficiary list would
need to be changed frequently—as the pledges were paid down annually from other
sources, the percentage of life insurance proceeds required to fulfill the
pledges would also need to be reduced.
When
giving to charity, IRD assets (income in respect of a decedent) would generally
be a better choice, particularly from
tax-deferred accounts. IRD
assets are essentially income
that a person has already earned but not yet received. IRAs, 401(k) plans,
unpaid dividends, interest, wages and commissions are all examples of IRD
assets. Gifting IRD assets is a win-win for both the estate and the charity:
The
charity gets the donation, and the estate receives a charitable deduction in the
amount of the donation. Consult an attorney to insert a line into your will or
trust specifying that any unfulfilled pledges to these particular charities will
first be paid from IRD assets. Such a clause will benefit both the charities and
the heirs to your estate.
As
an alternative, you could simply make the charities the beneficiaries of an IRA.
Although there would still be the annual beneficiary changes needed, as in the
life insurance scenario, the charities would not pay taxes on the money and the
heirs would get the life insurance proceeds, which are income
tax–free.
Jonathan
Clark, Financial Enhancement Group, Anderson,
Ind.
Naming
charities as beneficiaries
could address your concern. However, without knowing the details of your
insurance, you should consider that its expense increases with age, and it may
be difficult to coordinate the death benefit to the amount of unpaid pledges. It
may also be appropriate for you to consider transferring your existing life
insurance to a life insurance trust to reduce your taxable estate; in that case,
it would not be appropriate to use the insurance to pay outstanding
pledges.
It
may be simpler to consider amending your will to include a bequest for the
amount of the unpaid pledge. For example, your will could say that you bequeath
to a particular charity the amount of the original pledge, less payments made
during life. Your
executor would confirm the amount owed and make that payment, satisfying the
pledge. This should qualify as an estate tax charitable
deduction.
If
you have an IRA, you could consider naming the charity as a beneficiary of a
portion of the IRA, with the amount being determined in the same manner as
above. This has the added advantage of directing to a charity, which doesn’t pay
income taxes, assets that would otherwise be taxable to your family members.
Careful drafting is necessary with either of these
approaches.
Finally,
it may be possible to do nothing. Charitable pledges may or may not be
enforceable as valid debts, depending on state law. If a pledge is recognized as
a debt in your state, the charity could file a claim against your estate for the
outstanding pledge, which your executor would verify and pay. This
debt would reduce your taxable estate.
Gillian
R. Howell (Hartford, Conn.) and Ramsay H. Slugg (Fort
Worth, Texas), U.S. Trust, Bank of America Private
Wealth Management
Given
that charitable pledges
paid at death are tax-deductible for estate purposes, using an asset
such
as life insurance isn’t the best way to go. A
better solution is to find a taxable asset, such as an IRA,
qualified
pension or profit-sharing benefits, or nonqualified deferred compensation. These
assets are all subject to estate and income taxes, but because charities are
tax-exempt, they’re the most efficient recipients.
If
you don’t have an IRA, you can establish a charitable remainder trust or other
planned-giving vehicle. You’ll receive an income tax benefit upon its creation
and continue receiving income from the assets while you are alive, and, upon
your death, the remainder can be paid to the charities of your
choice.
Lawrence
I.
Richman, Neal, Gerber & Eisenberg, Chicago
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