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

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US-0658BG
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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

Charitable bequests from your will combine philanthropy and tax benefits. Bequests are gifts that are made as part of a will or trust. A bequest can be to a person, or it can be a charitable bequest to a nonprofit organization, trust or foundation. Anyone can make a bequestin any amountto an individual or charity.

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.

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.

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.

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.

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.

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.

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

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