Welcome to the EPAC Corner! We are pleased to bring you this content from the Estate Planning Advisory Committee (EPAC) of the DeKalb County Community Foundation. If you have any questions about the information below or the EPAC group, please contact Community Foundation Executive Director Dan Templin at 815-748-5383 or dan@dekalbccf.org. 

The EPAC Corner content aims to provide general information about estate planning and charitable giving. We hope it’s helpful and informative. Suggestions for monthly content topics are welcome. We’d love to hear from you.

Not even the kitchen sink: Giving your house to charity is worth exploring

August is national Make-A-Will month and a great time to check in on key components of your estate plan. The reality, as we know, is that all property remaining at death has to go somewhere. And as heartbreaking as it may be for parents of grown children, it’s usually a mistake to assume that you should automatically leave the family home to children in your will or trust. Indeed, your children may not be nearly as attached to your things as you are, and the reality is that they may not want any of them–including the house.

But don’t let this get you down. When one door closes, another door opens. It may be time to explore giving your personal residence to charity. One suggestion to consider is the DeKalb County Community Foundation! They are a team of professionals who connect people who care with causes they care about.

As we begin the conversation, let’s evaluate which type of gift format might be a good fit for your situation. 

Types of gift format to consider:

1. You can certainly deed your house to the Community Foundation outright. This might be a solid option if you are planning to sell the house in the near future to downsize or move to a retirement community. This is an especially good option if you do not need to rely on the sale proceeds to fund either your next move or your ongoing living expenses. And, if the total value of all your assets is in a range where you could be subject to estate tax, transferring your house to the Community Foundation takes the home’s value out of your estate, tax free, because of the charitable deduction. The Community Foundation will likely list the property shortly after you make the gift. Then, the proceeds from the sale will flow into your Donor Advised or other type of Fund to help you fulfill your charitable goals.
2. If you’re hoping to get a little money from the sale of your residence, but you don’t need the full amount of its value, you can explore what’s known as a “bargain sale.” This transaction allows you to sell the property to the Community Foundation at a price below market value, allowing you to receive some income while still making a charitable contribution or starting a Fund.
3. A third option is to transfer your residence using a “charitable remainder trust.” You’d transfer title to the property to the trust, and the trust would provide you with income for the rest of your life (or a term of years). Any remaining value would flow to your Fund at the Community Foundation to support the causes you care about. You’d also be eligible for an up front income tax deduction based on the present value of the amount projected to pass to your charitable Fund in the future.

Suppose you’re interested in giving your residence to your Fund at the Community Foundation. In that case, their team will work closely with you and your advisors to conduct a thorough evaluation of the opportunities and walk through all of the steps. For example, it’s important to look at factors such as valuation (which must be documented with a qualified appraisal), whether there’s a mortgage on the property that would make a gift more challenging, how long you’ve held the property and your cost basis, and ensuring that a sale is not already formally or informally in the works.

You’ve spent years making your house a home. Explore the possibilities for extending the joy your residence brings to you and your family by transforming the property into a source of community benefit. Reach out anytime to discuss the possibilities with the Community Foundation.

– Matthew L. Brown, local attorney and member of the DeKalb County Estate Planning Advisory Committee

Established in 2020, the DeKalb County Estate Planning Advisory Committee (EPAC) comprises of local professionals providing estate planning services, including attorneys, trust officers, CPAs, wealth advisors, and insurance agents. The purpose of the EPAC is to raise awareness and understanding of the Community Foundation as a resource for professional advisors and their clients, assist with efforts to deliver effective estate planning education to the general public and notify estate planning professionals on topics relevant to the intersection of estate planning and philanthropy.

Matthew L. Brown