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Gifts of Real Estate
Eileen and her husband, Paul, enjoyed their house. They
had raised their three children there and had many family
memories. But after Paul passed away suddenly, Eileen began
to find that the old house was a burden. Without Paul to
take care of things and with their children involved in their
own families miles away, it seemed that the house was too
big, too old and even a bit lonely.
Eileen: "Paul
always said that I was the solid one. If there was a decision
to be made I could get to the bottom line pretty quickly.
Well, the bottom line was that I needed to make a change
for a number of reasons. I decided to move into a smaller
place in town, easier to take care of and one that was part
of a neighborhood where I could make some new friends and
be a part of activities and things. And where my grandchildren
could still come and visit."
"Paul and I had talked about what to do when we got
to this stage in our lives. I just thought Paul would be
here with me, but that wasn't to be. We had planned and knew
I would have enough money to live comfortably. Initially
we thought I'd need the money from the sale of the house,
but I really don't."
"My advisor went over the numbers with me. If we sold
it, there would be a large capital gain and taxes to pay.
But by putting the house in a trust that then sells it, I
avoided a taxable capital gain because when I'm gone the
trust goes to charity. The trust takes the money from the
sale of the house and invests it, and I get the income from
the trust for life. Then, an organization that is doing great
things will receive the remainder of the trust and that will
even save some estate taxes."
Depending
on the circumstances that are involved, gifts of real estate
can be an effective means of planning a gift. Much of the individual
wealth in America is invested in real estate. While the first
thought often is a home or farm, real estate also can involve
a vacation or second home, an apartment or commercial building,
a shopping center, or undeveloped land.
Often our real estate holdings, be it our house, a second
home or investment property, is a significant part of our net
worth. Gifts of real estate, therefore, can enable us to make
significant contributions. Each piece of property and its unique
circumstances need to be reviewed to determine the suitability
of the property as a gift. Generally speaking, a rule of thumb
is that an acceptable piece of property is one that can be
readily sold.
Also, there are many ways to donate property. It can be an
outright gift, a retained
life estate, or placed
in a trust (such as what Eileen and her advisor set up).
In any case, while we discuss some generalities here about
donating real estate, if you are considering such a gift, please contact
us to discuss its suitability.
In addition to making a significant contribution, there can
be other benefits for you:
- There may be a charitable income tax deduction that
would lower your income tax.
- If your property has appreciated in value since you acquired
it, there might be a large capital gain tax that would result
if you sold it. By donating the property, you may be able
to avoid realizing the capital gains.
- Depending on your state regulations, you may be able to
turn the property into a gift that is structured to provide
income for you and a beneficiary.
- If the property is your home or farm, you may be able
to make a gift of it now and continue to live in it for the
rest of your life and receive tax benefits the year of the
gift.
- If the contribution from your property exceeds the allowable
charitable deduction limits, the deduction may be carried
forward for five years.
There can be significant advantages to using property as a
charitable gift. Please contact
us to discuss your unique circumstances. Click here to
return to the Planned Giving Home Page.
Please
note, individual financial circumstances will vary. The information
on this site does not constitute legal or tax advice. Donor
stories and photographs are for purposes of illustration
only. As with all tax and estate planning, please consult
your attorney or estate specialist. All material is copyrighted
and is for viewing purposes only. Use of this site signifies
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Revised:
April 9, 2008
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