How to Take Control of Your Legacy

You've heard (probably more times than you can count!) about how important it is to have a last will and testament--and maybe you already have one. But think for a moment about why. Perhaps what's most important to you is the fact that having a will ensures your property will pass to those you care about. If you don't leave a will, state law determines how your assets will be divided. It's highly doubtful you would agree to this arbitrary method of choosing your heirs and determining their shares.

An old will can be almost as bad as none at all. Your wishes today for the division of your estate may be quite different from those you had when you made your will. Life events, tax law changes, a move to another state or changes in the nature and value of your assets can also affect your will. To make sure your wishes are followed, you need an up-to-date will.

But there's another reason that a will is important: What you put in your will is what people will remember you by. Your will gives you the opportunity to transfer the values that are important to you. And one of the best ways to leave a legacy like this is to make charitable bequests in your will.

The Form of Your Bequest

Remembering Smithwright Services in your will is a fitting testimony of your belief in our mission. When you name us as a beneficiary, you have many choices.

One possibility is a bequest of a fixed dollar amount. Another is to give us a percentage of the estate, which allows you to keep the division of the estate residue in desired proportions, regardless of its size.

Your gift can be contingent. That is, the funds would go to some individual if that person survives you. If not, they would be paid to Smithwright Services. Often a better alternative is to create a trust, which would pay an income to the individual for life, with the remaining principal to be given to us after.

A gift without restrictions is usually the most useful, because it allows us to apply the funds to our most pressing needs. But you also have the right to restrict your gift by specifying in your will how the funds are to be used. If you wish to do so, we urge you to consult us before you execute your will to make certain the conditions are ones we are able to meet.

One example of a restricted gift, especially if the amount is substantial, is the requirement that we hold the principal as an endowment and use only the income, as you indicate or as our governing board decides.

Have you made a written pledge that is payable to Smithwright Services in installments over a term of years or in a single sum in the event of a specific occurrence? If so, it's wise to confirm this in your will, directing your executor (personal representative) to satisfy the unpaid balance.

One of the nicest things you can do is to make your gift in memory of someone -- either yourself or a person you've loved or admired. We're pleased to honor this kind of request, and we have many ways of granting appropriate recognition.

Consider a Charitable Trust

Perhaps you want to provide an income for your spouse or another survivor for life, then have the principal go to Smithwright Services. This is called a charitable remainder trust.

There are two types. One is an annuity trust, which will pay your beneficiary a fixed dollar income for life. You negotiate the amount when you make your will. An important feature of the annuity trust is that your beneficiary will receive a predictable income each year regardless of any fluctuation in the trust investments or their earnings.

The other type of charitable remainder trust is called a unitrust. Your beneficiary will be paid a life income determined by a percentage of the net fair market value of the trust assets as revalued annually. You negotiate the percentage when you make your will. Assuming the value of the trust investments increases over time, the beneficiary's income will increase, too. Of course, if the value of the trust decreases, the beneficiary's income would decrease.

There are valuable federal estate tax benefits for qualified charitable remainder trusts. That part of the market value of the trust deemed to be our ultimate share will avoid any tax in your estate.

Get Sound Legal Advice

When the time comes for your will to be probated, you won't be here to correct any misunderstandings. To avoid trouble for your heirs, be sure to seek the counsel of an attorney who specializes in probate and estate planning.

If you're planning to create a deferred gift to Smithwright Services, we would be happy to work with your attorney and financial advisors to find the method that works best for you.

Please e-mail us for more information.