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Demystifying Planned Giving 
The Foundation Center 
9th Annual Open House 
Tony Martignetti, Esq. 
Martignetti Planned Giving Advisors 
November 5, 2014
2 
Where We’re Headed 
• What is Planned Giving 
• How is it done 
• Who are the best prospects 
• Cases 
• Continuing Ed.
3 
What is Planned Giving? 
A method of charitable giving that involves 
the donor’s consideration of their 
retirement plan and family estate plan, 
and 
Usually (not always) means cash to a 
nonprofit at the donor’s death
How is Planned Giving Done? 
4 
• Revocable gifts (your donor can take it back) 
-- very valuable to your program 
Charitable bequests 
Living trusts 
Beneficiary designations
5 
Charitable Bequests 
• Far most popular 
• Oh yes, a lot of money in residual estates 
• Unlikely you’ll be told 
• Not hard to do 
• Deduction for estate? 
• A revocable gift 
• Typical at ordinary income levels 
• In property or cash
6 
Living Trusts 
• OK to revoke 
• Not a difficult trust to set up 
• Cash or property 
• Easy transfer to you 
• Not an estate tax deduction 
• To avoid probate 
• Everyone won’t tell you 
• Received at death
7 
Beneficiary Designations 
• Any asset with a death benefit 
• Life Insurance 
• Retirement plans 
IRA, 401(k), 403(b), Small Employer Pension 
(SEP), SIMPLE IRA 
• Commercial annuities 
• Bank and brokerage accounts w/POD or TOD
8 
Where We Are 
√ What is Planned Giving 
• How is Planned Giving done 
√ Revocable gifts 
Irrevocable gifts 
pay life income
9 
Irrevocable Gifts That Pay Life 
Income 
Donor 
donor’s 
death 
nonprofit 
lifetime income 
cash, stock, 
real estate 
planned 
gift
10 
The Life Income Gifts 
(a/k/a love those acronyms) 
• Charitable Remainder Trust (CRT) 
Fixed income--Charitable Remainder Annuity 
Trust (CRAT) 
Variable income--Charitable Remainder Unitrust 
(CRUT) 
• Charitable Gift Annuity (CGA)
11 
Charitable Remainder 
Annuity Trust 
• Fixed income for life to the “income beneficiaries” 
-- husband & wife most common 
• Based on a fixed percentage of trust assets valued once, at the 
beginning 
-- must pay at least 5% 
• Charitable income tax deduction for present value of estimated 
remainder to nonprofit 
• No additional contributions to trust 
• At the death of the income beneficiaries, remainder is a gift to 
nonprofit(s) & trust closes
12 
Charitable Remainder 
Unitrust 
• Variable income for life to the “income beneficiaries” 
-- husband & wife most common 
• Based on a fixed percentage of trust assets revalued every 
year 
-- must pay at least 5% 
• Charitable income tax deduction for present value of estimated 
remainder to nonprofit 
• Additional contributions allowed 
• At the death of the income beneficiaries, remainder is a gift to 
nonprofit(s) & trust closes
13 
Charitable Gift Annuity 
• Fixed income for life to the donor and another, or any 2 
“annuitants” 
-- still husband & wife most common 
• Based on a fixed percentage of the initial gift 
• Charitable income tax deduction for present value of estimate of 
what remains for nonprofit 
• At the death of annuitants, remainder is a gift to one nonprofit 
• Substantial web of state regulation, especially in NY & NJ
14 
Where We Are 
√ What is Planned Giving 
• How is Planned Giving done 
√Revocable gifts 
Irrevocable gifts 
√ pay life income 
don’t pay life income
Irrevocable Gifts That Don’t Pay 
15 
Life Income 
• Life insurance ownership 
• Retained Life Estate 
• Charitable Lead Trust (CLT)
16 
Life Insurance Ownership-- 
Nonprofit Owns Policy 
• New policy 
--donor deducts premium payments 
• Existing policy 
--donor deducts approx. cash 
surrender value & premiums 
• An increase in net assets for nonprofit
17 
Retained Life Estate 
• Not just primary residence 
• Expiration, then transfer by deed to nonprofit 
• Wave bye-bye “remainder interest” 
• Yet retain “life interest” 
• Or, a/k/a Life Estate 
• Report upfront, immediate deduction 
• Keeps donor paying taxes, maintenance, insurance, 
repairs
18 
Charitable Lead Trust 
Model: Heirs 
nonprofit 
close of trust 
income for 
period of years 
cash, stock, 
real estate 
Lead 
Trust
19 
Charitable Lead Trusts 
Fixed or Variable Income To Nonprofit 
Charitable Lead Annuity Trust 
(CLAT) 
• Donor cannot add to it 
• Fixed rate (percentage) for 
income to nonprofit 
• Fixed dollar amount of income 
each year 
Charitable Lead Unitrust 
(CLUT) 
• Donor can add freely 
• Fixed rate (percentage) 
for income to nonprofit 
• Variable dollar amount of 
income each year due to 
annual revaluation
20 
Where We Are 
√ What is Planned Giving 
√ How is Planned Giving done 
√ Revocable gifts 
√ Irrevocable gifts 
√ pay life income 
√ don’t pay life income 
• Who are the best prospects
21 
Who Are The Best Prospects 
for Planned Giving 
• They love your work 
• Age and giving history are meaningful 
-- 55-60 & over 
-- consistent donors 
-- ignore gift size! 
• Women in philanthropy, especially Planned Giving 
• Look to your board for leadership
22 
Where We Are 
√ What is Planned Giving 
√ How is Planned Giving done 
√ Revocable gifts 
√ Irrevocable gifts 
√ pay life income 
√ don’t pay life income 
√ Who are the best prospects 
• Cases
23 
A Small Historical Society 
• $250,000 annual budget; 1 employee 
• Start with bequest campaign 
• Direct mail
24 
A Small Historical Society 
September 18, 2014 
Dear <formal greeting>: 
I’ve got important news! 
ALBA has kicked-off a bequest campaign to encourage gifts by will. Have you thought about 
ALBA in your long-term planning? 
What you leave to friends and loved ones and the causes you champion expresses your hopes and 
dreams for the future and perpetuates your part in the story of the Lincoln Brigade. As you know, 
ALBA is dedicated to teaching about the past so that future generations may know about the 
progressive history of the United States. Please help us do this important work. Help us continue 
to expand our horizons and support your beliefs. Help us carry our shared legacy to the next 
generation and beyond. 
As you plan for the future, I ask you to consider a gift in your will to ALBA. 
Return the enclosed reply card in its secure envelope to receive more information about a gift for 
ALBA in your will. You can also let us know that you have already included ALBA in your 
long-term plan. It will then be my pleasure to welcome you to “The Jarama Society,” our 
recently inaugurated recognition group devoted to those who include ALBA in their estate plan. 
If you would like to discuss a gift like this for ALBA, please call me at 212-674-5398 or email me 
at mgarde@alba-valb.org. I will be happy to answer your questions confidentially. 
I thank you for considering a gift to ALBA in your will. 
With warm regards, 
Marina Garde 
Executive Director 
P.S. Send back your reply card in its secure envelope to get more information about a long-term 
gift to ALBA or to tell us you have included us in your will already.
25 
A Small Historical Society 
• Meeting with the board 
• Recognition society 
• Keep up the direct mail 
• Keep feeding the recognition society
26 
A Mid-Size Social Justice Org 
• $45 million annual budget in 2007 
• Start with bequest campaign 
• Direct mail
27 
A Mid-Size Social Justice Org 
Dear <formal greeting>: 
I hope this finds you well. 
Like you, I am a loyal supporter of xxxx. I have been giving to the 
organization for many years. You and I know this critical voice in support of 
dignity, justice and freedom throughout the world must never be silenced. That 
is why my husband yyyyy and I have remembered xxxxxxxxx in our estate 
plans. 
I ask you to consider including xxxxxx in your estate plan. This critical voice 
in human affairs must never be quieted. 
A gift through your will helps to ensure that xxxxxx’s important work 
continues for decades and generations to come. 
If you would like more information about including xxxxxx in your will or 
other estate plan, please return your reply card using the secure envelope. 
Information will be mailed to you. 
If you have already included xxxxxx in your plan, please use your reply card to 
tell us. We would like to say “thank you.” 
I hope you will join yyyyy and me in securing the future of xxxxxxxxx’s work 
by remembering the organization in your estate plan. 
Sincerely, 
zzzzzzz 
Board member 
P.S. Return your reply card to receive more information about remembering 
xxxxxxxxx in your will or other estate plan—or to tell us if you already have.
28 
A Mid-Size Social Justice Org 
• Multiple meetings with the board 
• Individual board member face-to-faces 
• They had the recognition society 
• Kept up the direct mail for 6 years 
• Kept feeding the recognition society 
• Expanded to Charitable Gift Annuities
29 
A Large University 
• $150 million annual budget (est.) in 1998 
• Started with bequest campaign in direct mail 
• Quarterly newsletter to potential donors 
• Concurrent “solicitations” & cultivation 
• Expanded into Charitable Gift Annuities 
• Expanded into life insurance & charitable trusts 
• 12 to 350 donors in 5 years 
• $20 million raised in 5 years
30 
PLEASE 
Fill out your evaluations! 
Fill out your evaluations! 
Fill out your evaluations! 
Fill out your evaluations! 
Fill out your evaluations! 
Fill out your evaluations! 
Fill out your evaluations! 
Fill out your evaluations! 
Fill out your evaluations! 
Fill out your evaluations!
31 
Continuing Ed. 
• Tony Martignetti Nonprofit Radio 
-- give me your card 
• tonymartignetti.com 
• American Council on Gift Annuities (acga-web.org) 
• Simple book: Planned Giving Simplified, Robert Sharpe, Sr. (Wiley) 
• Advanced book: Planned Giving: A Guide to Fundraising and 
Philanthropy, Jordan & Quynn (Wiley)

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Demystifying Planned Giving

  • 1. Demystifying Planned Giving The Foundation Center 9th Annual Open House Tony Martignetti, Esq. Martignetti Planned Giving Advisors November 5, 2014
  • 2. 2 Where We’re Headed • What is Planned Giving • How is it done • Who are the best prospects • Cases • Continuing Ed.
  • 3. 3 What is Planned Giving? A method of charitable giving that involves the donor’s consideration of their retirement plan and family estate plan, and Usually (not always) means cash to a nonprofit at the donor’s death
  • 4. How is Planned Giving Done? 4 • Revocable gifts (your donor can take it back) -- very valuable to your program Charitable bequests Living trusts Beneficiary designations
  • 5. 5 Charitable Bequests • Far most popular • Oh yes, a lot of money in residual estates • Unlikely you’ll be told • Not hard to do • Deduction for estate? • A revocable gift • Typical at ordinary income levels • In property or cash
  • 6. 6 Living Trusts • OK to revoke • Not a difficult trust to set up • Cash or property • Easy transfer to you • Not an estate tax deduction • To avoid probate • Everyone won’t tell you • Received at death
  • 7. 7 Beneficiary Designations • Any asset with a death benefit • Life Insurance • Retirement plans IRA, 401(k), 403(b), Small Employer Pension (SEP), SIMPLE IRA • Commercial annuities • Bank and brokerage accounts w/POD or TOD
  • 8. 8 Where We Are √ What is Planned Giving • How is Planned Giving done √ Revocable gifts Irrevocable gifts pay life income
  • 9. 9 Irrevocable Gifts That Pay Life Income Donor donor’s death nonprofit lifetime income cash, stock, real estate planned gift
  • 10. 10 The Life Income Gifts (a/k/a love those acronyms) • Charitable Remainder Trust (CRT) Fixed income--Charitable Remainder Annuity Trust (CRAT) Variable income--Charitable Remainder Unitrust (CRUT) • Charitable Gift Annuity (CGA)
  • 11. 11 Charitable Remainder Annuity Trust • Fixed income for life to the “income beneficiaries” -- husband & wife most common • Based on a fixed percentage of trust assets valued once, at the beginning -- must pay at least 5% • Charitable income tax deduction for present value of estimated remainder to nonprofit • No additional contributions to trust • At the death of the income beneficiaries, remainder is a gift to nonprofit(s) & trust closes
  • 12. 12 Charitable Remainder Unitrust • Variable income for life to the “income beneficiaries” -- husband & wife most common • Based on a fixed percentage of trust assets revalued every year -- must pay at least 5% • Charitable income tax deduction for present value of estimated remainder to nonprofit • Additional contributions allowed • At the death of the income beneficiaries, remainder is a gift to nonprofit(s) & trust closes
  • 13. 13 Charitable Gift Annuity • Fixed income for life to the donor and another, or any 2 “annuitants” -- still husband & wife most common • Based on a fixed percentage of the initial gift • Charitable income tax deduction for present value of estimate of what remains for nonprofit • At the death of annuitants, remainder is a gift to one nonprofit • Substantial web of state regulation, especially in NY & NJ
  • 14. 14 Where We Are √ What is Planned Giving • How is Planned Giving done √Revocable gifts Irrevocable gifts √ pay life income don’t pay life income
  • 15. Irrevocable Gifts That Don’t Pay 15 Life Income • Life insurance ownership • Retained Life Estate • Charitable Lead Trust (CLT)
  • 16. 16 Life Insurance Ownership-- Nonprofit Owns Policy • New policy --donor deducts premium payments • Existing policy --donor deducts approx. cash surrender value & premiums • An increase in net assets for nonprofit
  • 17. 17 Retained Life Estate • Not just primary residence • Expiration, then transfer by deed to nonprofit • Wave bye-bye “remainder interest” • Yet retain “life interest” • Or, a/k/a Life Estate • Report upfront, immediate deduction • Keeps donor paying taxes, maintenance, insurance, repairs
  • 18. 18 Charitable Lead Trust Model: Heirs nonprofit close of trust income for period of years cash, stock, real estate Lead Trust
  • 19. 19 Charitable Lead Trusts Fixed or Variable Income To Nonprofit Charitable Lead Annuity Trust (CLAT) • Donor cannot add to it • Fixed rate (percentage) for income to nonprofit • Fixed dollar amount of income each year Charitable Lead Unitrust (CLUT) • Donor can add freely • Fixed rate (percentage) for income to nonprofit • Variable dollar amount of income each year due to annual revaluation
  • 20. 20 Where We Are √ What is Planned Giving √ How is Planned Giving done √ Revocable gifts √ Irrevocable gifts √ pay life income √ don’t pay life income • Who are the best prospects
  • 21. 21 Who Are The Best Prospects for Planned Giving • They love your work • Age and giving history are meaningful -- 55-60 & over -- consistent donors -- ignore gift size! • Women in philanthropy, especially Planned Giving • Look to your board for leadership
  • 22. 22 Where We Are √ What is Planned Giving √ How is Planned Giving done √ Revocable gifts √ Irrevocable gifts √ pay life income √ don’t pay life income √ Who are the best prospects • Cases
  • 23. 23 A Small Historical Society • $250,000 annual budget; 1 employee • Start with bequest campaign • Direct mail
  • 24. 24 A Small Historical Society September 18, 2014 Dear <formal greeting>: I’ve got important news! ALBA has kicked-off a bequest campaign to encourage gifts by will. Have you thought about ALBA in your long-term planning? What you leave to friends and loved ones and the causes you champion expresses your hopes and dreams for the future and perpetuates your part in the story of the Lincoln Brigade. As you know, ALBA is dedicated to teaching about the past so that future generations may know about the progressive history of the United States. Please help us do this important work. Help us continue to expand our horizons and support your beliefs. Help us carry our shared legacy to the next generation and beyond. As you plan for the future, I ask you to consider a gift in your will to ALBA. Return the enclosed reply card in its secure envelope to receive more information about a gift for ALBA in your will. You can also let us know that you have already included ALBA in your long-term plan. It will then be my pleasure to welcome you to “The Jarama Society,” our recently inaugurated recognition group devoted to those who include ALBA in their estate plan. If you would like to discuss a gift like this for ALBA, please call me at 212-674-5398 or email me at mgarde@alba-valb.org. I will be happy to answer your questions confidentially. I thank you for considering a gift to ALBA in your will. With warm regards, Marina Garde Executive Director P.S. Send back your reply card in its secure envelope to get more information about a long-term gift to ALBA or to tell us you have included us in your will already.
  • 25. 25 A Small Historical Society • Meeting with the board • Recognition society • Keep up the direct mail • Keep feeding the recognition society
  • 26. 26 A Mid-Size Social Justice Org • $45 million annual budget in 2007 • Start with bequest campaign • Direct mail
  • 27. 27 A Mid-Size Social Justice Org Dear <formal greeting>: I hope this finds you well. Like you, I am a loyal supporter of xxxx. I have been giving to the organization for many years. You and I know this critical voice in support of dignity, justice and freedom throughout the world must never be silenced. That is why my husband yyyyy and I have remembered xxxxxxxxx in our estate plans. I ask you to consider including xxxxxx in your estate plan. This critical voice in human affairs must never be quieted. A gift through your will helps to ensure that xxxxxx’s important work continues for decades and generations to come. If you would like more information about including xxxxxx in your will or other estate plan, please return your reply card using the secure envelope. Information will be mailed to you. If you have already included xxxxxx in your plan, please use your reply card to tell us. We would like to say “thank you.” I hope you will join yyyyy and me in securing the future of xxxxxxxxx’s work by remembering the organization in your estate plan. Sincerely, zzzzzzz Board member P.S. Return your reply card to receive more information about remembering xxxxxxxxx in your will or other estate plan—or to tell us if you already have.
  • 28. 28 A Mid-Size Social Justice Org • Multiple meetings with the board • Individual board member face-to-faces • They had the recognition society • Kept up the direct mail for 6 years • Kept feeding the recognition society • Expanded to Charitable Gift Annuities
  • 29. 29 A Large University • $150 million annual budget (est.) in 1998 • Started with bequest campaign in direct mail • Quarterly newsletter to potential donors • Concurrent “solicitations” & cultivation • Expanded into Charitable Gift Annuities • Expanded into life insurance & charitable trusts • 12 to 350 donors in 5 years • $20 million raised in 5 years
  • 30. 30 PLEASE Fill out your evaluations! Fill out your evaluations! Fill out your evaluations! Fill out your evaluations! Fill out your evaluations! Fill out your evaluations! Fill out your evaluations! Fill out your evaluations! Fill out your evaluations! Fill out your evaluations!
  • 31. 31 Continuing Ed. • Tony Martignetti Nonprofit Radio -- give me your card • tonymartignetti.com • American Council on Gift Annuities (acga-web.org) • Simple book: Planned Giving Simplified, Robert Sharpe, Sr. (Wiley) • Advanced book: Planned Giving: A Guide to Fundraising and Philanthropy, Jordan & Quynn (Wiley)