[WSBAPT] charitable bequest

[Philip N. Jones]

What if the PR is allowed to select the amount passing to charity?
No deduction
Reg.  §20.2055-2(b)(1).

What if the PR has a fixed amount, but can select the charities?
The deduction will be allowed.


Philip N. Jones
Duffy Kekel LLP
900 S.W. Fifth Ave. Suite 2500
Portland, OR 97204
pjones at duffykekel.com<mailto:pjones at duffykekel.com>
(503) 226-1371 – office
(503) 853-1482 – cell
(503) 226-3574 - fax

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of JOHN J SULLIVAN
Sent: Monday, November 16, 2020 3:00 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>; Diane J. Kiepe <DJKiepe at depdslaw.com>
Subject: Re: [WSBAPT] charitable bequest

Tread carefully if the tax deduction is important to the client.

Make sure the bequests are enforceable under state law.

Also, make sure the PR has no discretion whether to make them or not, and that they are limited to bequests to qualified tax-exempt entities.

My default provision to avoid escheat, usually goes something like "If no heirs are then living, the PR shall distribute the remaining estate to one or more organizations of his or her choosing that are qualified under Section 2055(a) of the Internal Revenue Code of 1986 as amended (the "Code")."

Here's some info from Thomson-Reuters:

https://static.store.tax.thomsonreuters.com/static/samplePages/Sample_Checkpoint_TPH.pdf
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On 11/16/2020 1:54 PM Diane J. Kiepe <djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>> wrote:


Can a Testator request that his or her PR simply pay a portion of his or her estate to tax-exempt charities that “help animals” or “helps the environment” as chosen by the PR?



Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
717 W. Sprague Ave.
Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

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