[WSBAPT] Charity percentage in a Will contingent on some duty?

[John Creahan]

Hi Lisa Kay,
From a planning perspective, I would ask the client to assume that the charity will decline to serve as PR (which might be a good thing since their employees are busy, have little or no experience in the role, and are unlikely to have E and O insurance if they make a mistake).
I would ask the client to think about why he or she wants that particular charity to serve as PR and would try to help the client understand that the personal representative (whoever it is) is entitled to a fee. A charitable gift, on the other hand, is just that – a gift.
I would likely encourage my client to appoint a professional fiduciary to serve as PR and give the charity an unrestricted gift.
Hope this helps,
John

John Creahan
www.cairn-law.com<http://www.cairn-law.com/>
Now located in the heart of Fremont
3417 Evanston Ave. N, Suite 312
Seattle, WA 98103
206-578-5877


From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Lisa Kay Mikkelson
Sent: Thursday, July 13, 2017 2:55 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Charity percentage in a Will contingent on some duty?

Good Afternoon Everyone,

I hope through all the vast experience on this list serve, someone will have some guidance for the below situation. I have not had a client with this situation before and I'm a little rusty on conditional gifts in Wills.



HC gives most of the estate to multiple charities. One of those charities is nominated to act as personal representative. So far, so good. HC asked if there a way to make the gift to the charity conditioned on actually acting as the PR. Basically, what is the incentive for the charity to act as the PR if they get the money anyway.



I value all comments and guidance.


Thank you in advance for your time!

Regards,
Lisa Kay


Lisa Kay Mikkelson
Mikkelson Law, PLLC
Mailing: PO Box 15147, Tumwater, WA 98511
Office: 5757 Capitol Blvd SW, Tumwater, WA 98501
Ph: (360) 786-8010
Fax: (360) 754-1921
mikkelsonlk at yahoo.com<mailto:mikkelsonlk at yahoo.com>

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