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Charitable bequest decision- making: Practical lessons from research findings Russell James, J.D., Ph.D. Associate Professor Director of Graduate Certificate of Charitable Financial Planning Dept. of Personal Financial Planning Texas Tech University Presented to the Big 12 Gift Planning Group June 6, 2012

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A review of research findings related to planned giving and charitable bequest decision making by Dr. Russell James

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Page 1: Charitable Bequest Decision-Making

Charitable bequest decision-making: Practical lessons from research findings

Russell James, J.D., Ph.D.Associate ProfessorDirector of Graduate Certificate of Charitable

Financial PlanningDept. of Personal Financial PlanningTexas Tech University

Presented to the Big 12 Gift Planning GroupJune 6, 2012

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Neuroimaging

Psychology

Demographics

Charitable Giving Theory

Tax Tips

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The speaker’s first job is to establish credibility

Page 4: Charitable Bequest Decision-Making

Our next speaker really knows what he is talking

about

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Dr. James is the 2nd most frequently published author all time in ISI-ranked academic journal articles on the topic of “charitable giving” when weighting for co-authorship (3rd in total articles) as of 2012 James, R. N., III & O’Boyle, M. W. (under review). Charitable estate planning as visualized autobiography: An fMRI study of its neural correlates. Available at SSRN: http://ssrn.com/abstract=2000345 Wiepking, P. & James, R. N., III (in press). Why are the oldest old less generous? Explanations for the unexpected age-related drop in charitable giving. Ageing & Society. James, R. N., III, & Baker, C. (2012). Targeting wealthy donors: The dichotomous relationship of housing wealth with current and bequest giving. International Journal of Nonprofit and Voluntary Sector Marketing, 17(1), 25-32.James, R. N., III, & Jones, K. S. (2011). Tithing and religious charitable giving in America. Applied Economics, 43(19), 2441-2450. James, R. N., III. (2011). Cognitive skills in the charitable giving decisions of the elderly. Educational Gerontology, 37(7), 559-573. James, R. N., III. (2011). Charitable giving and cognitive ability. International Journal of Nonprofit and Voluntary Sector Marketing, 16(1), 70-83.James, R. N., III. (2010). Charitable estate planning and subsequent wealth accumulation: Why percentage gifts may be worth more than we thought. International Journal of Educational Advancement, 10(1), 24-32.James, R. N., III. (2009). Health, wealth, and charitable estate planning: A longitudinal examination of testamentary charitable giving plans. Nonprofit and Voluntary Sector Quarterly, 38(6), 1026-1043.

James, R. N., III. (2009). The myth of the coming charitable estate windfall. The American Review of Public Administration, 39(6), 661-674.James, R. N., III. (2009). Wills, trusts, and charitable estate planning: A panel study of document effectiveness. Financial Counseling & Planning, 20(1), 3-14.James, R. N., III. (2009). An econometric analysis of household political giving in the USA. Applied Economics Letters, 16(5), 539-543. James, R. N., III., Lauderdale, M. K., & Robb, C. A. (2009). The growth of charitable estate planning among Americans nearing retirement. Financial Services Review, 18(2), 141-156.James, R. N., III., & Wiepking, P. (2008). A comparative analysis of educational donors in the Netherlands. International Journal of Educational Advancement, 8(2), 71-79.James, R. N., III. (2008). Charitable giving and the financial planner: Theories, findings, and implications. Journal of Personal Finance, 6(4), 98-117.James, R. N., III. (2008). Distinctive characteristics of educational donors. International Journal of Educational Advancement, 8(1), 3-12.James, R. N., III., & Sharpe, D. L. (2007). The nature and causes of the U-shaped charitable giving profile. Nonprofit and Voluntary Sector Quarterly, 36(2), 218-238. James, R. N., III., & Sharpe, D. L. (2007). The “sect-effect” in charitable giving: Distinctive realities of exclusively-religious charitable givers. The American Journal of Economics and Sociology, 66(4), 697-726. James, R. N., III. (2006). Multi-family housing, social capital, and charitable behavior: Does spatial connectedness influence social connectedness? Housing and Society, 33(2), 91-104.

Findings published or under review in peer reviewed academic journals in economics, sociology, marketing, and neuroscience

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BackgroundPh.D., Consumer & Family Economics, U. of Missouri

Dissertation on religious charitable giving

J.D., U. of Missouri School of Law, cum laudeUMB award for most outstanding work in gift & estate taxation & planning

Director of Planned Giving, Central Christian College & practicing estate planning attorney, 1994-2000President, Central Christian College, 2000-2005Visiting Assistant Professor, University of Missouri, 2005-2006Assistant Professor, University of Georgia, 2006-2010Associate Professor & Director of the Graduate Certificate in Charitable Financial Planning, Texas Tech University, 2010-

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The ultimate endorsement from The Wall Street Journal’s SmartMoney magazine…

Quoted in media outlets including The New York Times, The Wall Street Journal, CNN, MSNBC, CNBC, ABC News, U.S. News & World Report, USA Today, The Associated Press, Bloomberg News and the Chronicle of Philanthropy.

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“On a recent day in the basement of a campus lab, Russell James is working with a brain-scanning machine that wouldn’t look out of place in a top-notch hospital. James isn’t a mad scientist…” -SmartMoney, February, 2012

=

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Charitable bequests financial significance

• US charitable estate gifts over $22 billion; exceeds corporate giving of $15 billion (Giving USA, 2011).

• In prior 20 years, charitable bequests more than doubled in real dollars (Giving USA, 2011)

• Future growth from population aging and increasing propensity due to greater education and childlessness (James, Lauderdale, & Robb, 2009).

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Potential for greater philanthropy

• 70% to 80% of Americans engage in charitable giving each year (Giving USA, 2011).

• About 5% of Americans have a charitable estate plan (James, 2009a).

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* Donors giving $500+ per year, weighted nationally representative 2006 sample

Over-50 Donors with Charitable Plans; 9.4%

Over-50 Donors With No Charitable Plans;

90.6%

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Challenges to encouraging bequest giving

• Unlike current giving, it is difficult to measure experimental success in bequest fundraising

• Ask-to-receipt may take 40+ years

• Identification of distinct cognitive characteristics could inform fundraising strategies sensitive to these differences

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Neuroimaging

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Why use fMRI to study bequest decision-making?

• Not all parts of decision-making are known to the decision maker

• Activation reflects the type of cognitive processes

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Previous fMRI studies in giving: reward/salience

• Moll, et al. (2006) found giving engaged mesolimbic reward systems in the same way as when subjects received monetary rewards.

• Harbaugh, Mayr, and Burghart (2007) found giving elicited neural activity in reward processing/salience areas, e.g., ventral striatum.

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Previous fMRI in charitable giving: social cognition

• Izuma, Saito, and Sadato (2009) found greater ventral striatum activation before a decision to donate when observers were present v. absent

• Hare, et al. (2010), found giving value calculation was driven by input from regions involved in social cognition

• Moll, et al. (2006) found decision to donate mediated by activation in areas which play key roles in social attachment and aversion

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Basics of fMRI experiments

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We place subjects in an MR scanner where they canobserve a video screenand make choices by pressing buttons

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We can then associate those choices with blood oxygenation levels in different brain regions

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Subjects spend time in the scanner working with the buttons and screen to acclimate to

the environment

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Task A Task BTask A- Task B

A single image contains much unrelated brain

activations

A contrast can subtract out

the noise

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Think of study results in terms of contrasts

Image of task

A

Image of task

B

Image of task A-

Image of task B

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The Experiment

A comparison of bequest decision

making with giving and volunteering decision making

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QuestionWhat brain regions

are differentially activated by

bequest decisions as compared with

giving and volunteering

decisions?

Page 25: Charitable Bequest Decision-Making

Exploratory expectations

• Increased activation in areas involved in death-related contemplation

• Unfortunately, very limited fMRI research on what these areas are

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Death-related words: precuneus• Gündel, et al (2003) worked

with subjects who had lost a first-degree relative in the previous year. The only region showing significant activation (at p<.05, FWE) in response to grief-related (v. neutral) words was the precuneus.

• Freed, et al. (2009) examined subjects who had lost a pet dog or cat within the previous 3. Four of twelve areas showing activity in response to the deceased reminder (v. neutral) words, were in the precuneus.

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Methods

• Sixteen adult male subjects • Prior to entering the scanner,

subjects reviewed terms along with the names and a one sentence description of each charitable organization.

• Subjects had two right and two left response buttons for each hand, for a total of four response options.

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Comparison Questions

1. “If asked in the next 3 months, what is the likelihood you might GIVE money to ______” 2. “If asked in the next 3 months, what is the likelihood you might VOLUNTEER time to ____” 3. “If you signed a will in the next 3 months, what is the likelihood you might leave a BEQUEST gift to _____”

96 questions: 28 x 3 large charitable organizations and 4 x 3 family member recipient categories. 16 second pairs (2B, 2G, 2V or 2G, 2B, 2V)

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The Results

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Category(1)

None(2)

Unlikely

(3) Somewhat Likely

(4) Highly Likely

Missing Avg.

Bequest 30.7% 38.9% 16.6% 11.3% 2.5% 2.09Give 30.5% 28.3% 26.8% 12.7% 1.8% 2.22Volunteer 24.4% 29.1% 25.8% 19.9% 0.8% 2.42

Behavioral Responses

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What areas are more engaged during bequest questions than during giving/ volunteering questions?

A flight through the brain: http

://youtu.be/NKKKE_7aFqM

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peak-level cluster-level

Contrast TitleMNI Co-ordinates

p (FWE-corr)

Z-scor

e

p (FWE-corr) ke

(1) Bequest>Give Lingual Gyrus -2, -78, -2 0.004 5.44 0.000 1399Precuneus 26, -66, 42 0.102 4.64 0.009 313

(2) Bequest>Volunteer Lingual Gyrus 2, -80, -4 0.007 5.32 0.000 2254Precuneus 30, -66, 40 0.180 4.47 0.004 356Precentral Gyrus -34, -3, 36 0.397 4.19 0.001 433

(3) Bequest> (Give+Volunteer)

Lingual Gyrus 0, -78, -4 0.001 5.82 0.000 2016

Precuneus 26, -66, 42 0.007 5.33 0.001 475

(4) Give>Bequest Cuneus 8, -88, 20 0.157 4.51 0.003 388(5) Volunteer>Bequest Cuneus 8, -88, 20 0.060 4.79 0.000 1008

Insula -38, -20, 8 0.323 4.27 0.001 462(6) (Give+Volunteer) >Bequest

Cuneus 6, -90, 22 0.011 5.22 0.000 1014

Relative Activations Comparing Charitable Bequest with Giving and/or Volunteering

(reporting only p<.05 FWE corrected cluster-level)

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peak-level cluster-level

Contrast TitleMNI Co-

ordinatesp

(FWE-corr)

Z-score

p (FWE-corr)

cluster size

(1) Increasing with agreement

Lingual Gyrus

10, -68, -4 0.004 5.46 0.000 671Postcentral Gyrus

-40, -22, 52 0.007 5.37 0.000 1200

(2) Increasing with disagreement

Precentral Gyrus

38, -20, 62 0.000 6.20 0.000 1387

Insula 42, -20, 18 0.171 4.61 0.013 196

Activating with Increasing and Decreasing Charitable Bequest Agreement

(Linear Parametric Modulation reporting only p<.05 FWE corrected)

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Core areas more engaged for bequest

contemplation• Precuneus • Lingual gyrus

– Also increased activation was significantly associated with increased projected likelihood of making a charitable bequest

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Precuneus and lingual gyrus activation occurred when subjects were able to vividly relive events in an photo, but not where scenes were only vaguely familiar.

(Gilboa, et al., 2004)

Visualized Autobiography

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Visualized Autobiography

“retrieving detailed vivid autobiographical experiences, as opposed to personal semantic information, is a crucial mediating feature that determines the involvement of hippocampus and two posterior neocortical regions, precuneus and lingual gyrus, in remote

autobiographical memory.” (Gilboa, et al., 2004, p. 1221)

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• In Viard, et al. (2007), four of six regions showing significant activation when reliving events by mentally “traveling back in time”, were in the precuneus and lingual gyrus.

• In Denkova (2006), three of the four most statistically significant regions associated with recalling autobiographical personal events were in the lingual gyrus and precuneus.

Visualized Autobiography

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Visualized autobiography = visualization +3rd person perspective on self

• The lingual gyrus is part of the visual system. Damage can result in losing the ability to dream (Bischof & Bassetti, 2004).

• The precuneus has been called “the mind’s eye” (Fletcher, et

al., 1995), is implicated in visual imagery of memories (Fletcher,

et al., 2005) and in taking a 3rd person perspective on one’s self.

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Precuneus: Taking a 3rd person perspective on one’s self

• Differentially involved in observing one’s self from an outside perspective (Vogeley & Fink, 2003)

• Greater activation when subjects described their own physical and personality traits as compared to describing another’s (Kjaer, et al.,2002)

• Activation greatest when referencing one’s self, lowest when referencing a neutral reference person (Lou, et al.; 2004)

• TMS disrupting normal neural circuitry in precuneus slowed ability to recall judgments about one’s self more than the ability to recall judgments about others (Lou, et al., 2004)

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Inter alia, the “precuneus may respond more strongly to familiar events involving the self and possibly when the self is projected across time.” (Rabin, et al., 2009)

Autobiography: The self across timeIn Meulenbroek, et al. (2010), the precuneus was the most statistically significant

region of activation for autobiographical memory tasks v. semantic true- false questions

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“activation of the visual cortex (in the lingual gyrus) might also be related to autobiographical memory retrieval and in particular to visual imagery components, which play a key role in autobiographical memory (Greenberg & Rubin, 2003)” (D’Argembau, et al. 2007, p. 941).

Lingual Gyrus: Autobiographical

Visualization

Page 44: Charitable Bequest Decision-Making

• Jackson, Meltzoff, and Decety (2006) found both lingual gyrus association with third person perspective and cuneus association with first person perspective.

• Similarly, Wurm, et al. (2011), found greater activation in the lingual gyrus for third-person perspective and simultaneously greater activation in the cuneus for first-person perspective.

• Others have also associated cuneus activity with first-person perspective-taking as contrasted with third-person perspective-taking (David, et al., 2006; Lorey, et al., 2009).

Simultaneous cuneus deactivation: 1st v. 3rd person perspective?

Page 45: Charitable Bequest Decision-Making

Applications to practice in

bequest fundraising

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Routley (2011) identified the importance of autobiographical connection when interviewing donors with planned bequests, writing, “Indeed, when discussing which charities they had chosen to remember, there was a clear link with the life narratives of many respondents”

Visual autobiography in practice

Page 47: Charitable Bequest Decision-Making

“‘[In my will] there’s the Youth Hostel Association, first of all...it’s where my wife and I met....Then there’s the Ramblers’ Association. We’ve walked a lot with the local group...Then Help the Aged, I’ve got to help the aged, I am one...The there’s RNID because I’m hard of hearing...Then finally, the Cancer Research. My father died of cancer and so I have supported them ever since he died.’Male, 89, married‘The reason I selected Help the Aged...it was after my mother died...And I just thought – she’d been in a care home for probably three or four years. And I just wanted to help the elderly....I’d also support things like Cancer Research...because people I’ve known have died...An animal charity as well...I had a couple of cats.’Female, 63, widowed” (Routley, 2011, p. 220-221)

Visual autobiography in practice

Page 48: Charitable Bequest Decision-Making

Visual autobiography in practice

Fundraisers may consider emphasizing the autobiographical connections between the donor and the charity, rather than focusing on the charity’s need for funds

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Psychology

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Death salience

• Bequest decision making processes differentially activated areas similar to those involved in using death-oriented words to evoke memories of a recently deceased loved one (Gündel, et al., 2003; Freed, et al., 2009).

• This association is consistent with the rather obvious idea that bequest decisions involve reminders of mortality.

You

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Suggests two levels of “defenses” to mortality salience (Pyszczynski, et al., 1999).

Proximal defenses: avoid death reminders (Hirschberger, 2010), e.g., deny one’s vulnerability, distract oneself, avoiding self-reflective thoughts (Pyszczynski, et al., 1999).

Distal defenses: attempt to achieve literal (i.e., religious) or symbolic death transcendence through support of one’s worldview or self-esteem (Hirschberger, 2010, p. 205). Some part of one’s self – one’s family, achievements, community – will continue to exist after death.

Terror-management theory

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• the most common initial reaction will be to avoid or postpone the topic – Even among older adults, most have

no will or trust (James, Lauderdale, & Robb, 2009)

– For fundraisers, the enemy of the planned gift often isn’t “no”; the enemy is “later”

• create deadlines, make appointments, or promote time-limited campaigns– Rosen (2011) pointed to the

example of a challenge gift where a donor agreed to match 10% of bequests, up to $10,000 per donor, signed prior to a deadline

Proximal defenses in

practice

Page 53: Charitable Bequest Decision-Making

U.S. Over 50 Population

* Weighted nationally representative 2006 sample

Charitable Plans; 5.7%

Plans Without Charity; 38.2%No Planning Doc-

uments; 56.1%

Page 54: Charitable Bequest Decision-Making

Distal defenses in practice• Symbolic immortality requires

something, identified with the decedent, which will live beyond them, typically descendants. Hence, childlessness is most significant predictor of charitable bequest (James, 2009a).

• Large share of charitable bequest dollars go to permanent private foundations, typically bearing the deceased’s name (James, 2009b).

• Donors may be particularly interested in lasting gifts (endowments, named buildings, scholarship funds, etc.) to stable organizations.

Page 55: Charitable Bequest Decision-Making

Demographics

Page 56: Charitable Bequest Decision-Making

Previous studies

One time survey• Non-response bias if the whole survey

was about charitable giving

After death distributions• Only for taxable estates• Rare single county probate studies

Page 57: Charitable Bequest Decision-Making

Current study

LongitudinalSame people asked every two years

DistributionsAfter death nearest relatives are asked about final distributions

Page 58: Charitable Bequest Decision-Making

New Questions

ChangesNot just who has charitable plans but

when do they add and drop them

Intentions v. Outcomes

Did during life plans result in after death distributions

Page 59: Charitable Bequest Decision-Making

Details

• Nationally representative of over 50 population since 1998.

• Over 20,000 people per survey.• In person interviews, some

follow up by phone.

• Started in 1992• Questions within

larger Health & Retirement Study

• Respondents paid

Page 60: Charitable Bequest Decision-Making

What share of people over 50 in the U.S. have “made provisions for any charities in [their] will or trust?”

Page 61: Charitable Bequest Decision-Making

U.S. Over 50 Population

Charitable Plans; 5.7%

No Charitable Plans; 94.3%

* Weighted nationally representative 2006 sample

Page 62: Charitable Bequest Decision-Making

U.S. Over 50 Population

* Weighted nationally representative 2006 sample

Charitable Plans; 5.7%

Plans Without Charity; 38.2%No Planning Doc-

uments; 56.1%

Page 63: Charitable Bequest Decision-Making

What share of over-50 charitable donors giving over $500 per year indicate that they

have a charitable estate plan?

Page 64: Charitable Bequest Decision-Making

* Donors giving $500+ per year, weighted nationally representative 2006 sample

Over-50 Donors with Charitable Plans; 9.4%

Over-50 Donors With No Charitable Plans;

90.6%

Page 65: Charitable Bequest Decision-Making

Can that be right?

• Maybe a lot of donors will eventually get around to making a charitable plan?

Will donors ever get around to making a charitable plan?

Page 66: Charitable Bequest Decision-Making

88%-90% of donors ($500+/year) over age

50 will die with no charitable estate plan.

Projecting based on age, gender and

mortality or tracking actual post-death

distributions

Page 67: Charitable Bequest Decision-Making

You mean 90% of our donors will die without

leaving a gift?

You mean we could generate 9 times more estate gifts from

our current donors?

Page 68: Charitable Bequest Decision-Making

Among donors ($500+) over 50 with an estate plan, what is the single most significant factor associated with having a charitable estate plan?

Age? Education? Wealth? Income?

Page 69: Charitable Bequest Decision-Making

Among Donors ($500+) with an Estate Plan

Family Status

% indicating a charitable estate

planNo Offspring 50.0%Children Only 17.1%Grandchildren 9.8%

Page 70: Charitable Bequest Decision-Making

Regression: Compare only otherwise identical people

Example: The effect of differences in education among those making the same income, with the same wealth, same family structure, etc.

Page 71: Charitable Bequest Decision-Making

Likelihood of having a charitable plan(comparing otherwise identical individuals)

•Graduate degree (v. high school) +4.2 % points•Gives $500+ per year to charity +3.1 % points•Volunteers regularly +2.0 % points•College degree (v. high school) +1.7 % points•Has been diagnosed with a stroke +1.7 % points•Is ten years older +1.2 % points•Has been diagnosed with cancer +0.8 % points•Is married (v. unmarried) +0.7 % points•Diagnosed with a heart condition +0.4 % points•Attends church 1+ times per month +0.2 % points•Has $1,000,000 more in assets +0.1 % points•Has $100,000 per year more income not significant•Is male (v. female) not significant•Has only children (v. no offspring) -2.8 % points•Has grandchildren (v. no offspring) -10.5 % points

Page 72: Charitable Bequest Decision-Making

Find your estate donor…

Amakes substantial

charitable gifts, volunteers regularly,

and has grandchildren

Bdoesn’t give to charity,

doesn’t volunteer, and has no children

Page 73: Charitable Bequest Decision-Making

From an Australian study by Christopher Baker including 1729 wills:

“Australian will-makers without surviving children are ten times more likely to make a charitable gift from their estate”

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How did giving during life compare with post death transfers?

$ $$$

Page 75: Charitable Bequest Decision-Making

Estate giving and annual giving for 6,342 deceased panel members

OffspringLast Annual

Volunteer Hours

Average Annual Giving

Average Estate Giving

Estate Gift Multiple

No Children 32.6 (6.6) $3,576 $44,849 12.6Children Only 25.4 (7.1) $1,316 $6,147 4.7Grandchildren 23.2 (2.1) $1,497 $4,320 2.9Total 24.3 (1.8) $1,691 $8,582 5.1

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When did people drop charitable plans?

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Yes! Yes! No.

What happened

here?

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Factors that triggered dropping the charitable plan1. Becoming a grandparent 0.7226*

(0.2997)

2. Becoming a parent 0.6111† (0.3200)

3. Stopping current charitable giving 0.1198* (0.0934)

4. A drop in self-rated health 0.0768† (0.0461)

Some factors that didn’t seem to matter: Change in income Change in assets Change in marital status

*Fixed effects analysis including 1,306 people who reported a charitable plan and later reported no charitable plan. Coefficients show relative magnitude of factors.

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When did people add charitable plans?

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Factors that triggered adding a new charitable plan• Starting to make charitable gifts .1531† (.0882)• An improvement in self-reported health .0927* (0.0446)• A $100k increase in assets .0061** (.0023)

One factor dramatically reduced the likelihood that a new charitable plan would be added:• The addition of the first grandchild -.4641† (.2732)

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Do the estates of people who make charitable estate plans grow differently than the general population?

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After making their plan, charitable estate donors grew their estates 50%-100% faster than did others with

same initial wealth

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Future demographic trends in estate giving

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The Fall and Rise in Live Births - US

1912 (Age

100)

1915 (Age

97)

1918 (Age

94)

1921 (Age

91)

1924 (Age

88)

1927 (Age

85)

1930 (Age

82)

1933 (Age

79)

1936 (Age

76)

1939 (Age

73)

1942 (Age

70)

1945 (Age

67)

1948 (Age

64)

1951 (Age

61)

1954 (Age

58)

1957 (Age

55)

1960 (Age

52)

1963 (Age

49)

1966 (Age

46)

1969 (Age

43)

1972 (Age

40)

1975 (Age

37)

1978 (Age

34)

1981 (Age

31)2000000

2500000

3000000

3500000

4000000

4500000

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50 to 54

55 to 59

60 to 64

65 to 69

70 to 74

75 to 79

80 to 84

85 to 89

90 to 94

95 to 99

100+0

5,000,000

10,000,000

15,000,000

20,000,000

25,000,000

200120022003200420052006200720082009201020112012

Dramatic increases on the horizon

Temporary drop in key demographic population

Total Resident Population by 5-Year Age Groups [(NP-T3-B) U.S. Census]

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19701972

19741976

19781980

19821984

19861988

19901992

19941996

19982000

20022004

20062008

1750000

1850000

1950000

2050000

2150000

2250000

2350000

2450000

2550000

Deaths in the U.S. (Red is Actual; Black is Trendline)

Drop in this key demographic combined with health care improvements

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Projecting future bequest giving

Frequency of future bequest gifts • Change in population• Change in tendency to

make bequest gifts

Page 88: Charitable Bequest Decision-Making

Charitable Estate Planning among US Adults Aged 55-65

3.0%

3.5%

4.0%

4.5%

5.0%

5.5%

6.0%

1996 1998 2000 2002 2004 2006

Page 89: Charitable Bequest Decision-Making

Increases in charitable planning are driven by increases in childlessness and education

VariableEstimate

(s.e.) p-valueEstimate

(s.e.) p-valueEstimate

(s.e.) p-valueYear 0.0138

(0.0032)<.0001 0.0033

(0.0034)0.3298 0.0015

(0.0036)0.664

Any children -0.6251 (0.0345)

<.0001 -0.6224 (0.0479)

<.0001

Years of Education

0.1412 (0.0048)

<.0001 ….full set of

….

control variables

Probit analysis of all respondents age 55-65 in 1996-2006 HRS. Outcome variable is the presence of charitable estate planning.

Time trend exists

Time trend disappears

when including childlessness

and education

Page 90: Charitable Bequest Decision-Making

Charitable estate planning among adults aged 55-65

0%

5%

10%

15%

20%

25%

30%

35%

40%

1996 1998 2000 2002 2004 2006

No Children - NoCollege Degree

No Children -College Degree

Children - NoCollege Degree

Children - CollegeDegree

Page 91: Charitable Bequest Decision-Making

Basic relationship

• The trend of increased charitable estate planning is driven by changes in childlessness and education.

• This allows us to predict charitable estate planning levels in the future.

Page 92: Charitable Bequest Decision-Making

Upcoming cohorts and childlessness

• Childlessness among women who will be entering the 55-65 age group over the next decade will be substantially higher than those in the 55-65 age group during 2006 (the year of the HRS data).

• Women in the 56-61 age group during 2006 reported a childlessness rate of 16.0% in 1990 when they were aged 40-44 (Dye, 2005). In comparison, women in the 40-44 age range in 2004 (i.e., those who will begin entering the 55-65 near retirement age group in 2015) reported a childlessness rate of 19.3% (Dye, 2005).

Page 93: Charitable Bequest Decision-Making

Upcoming cohorts and education

• Similarly, a college education is much more common among the upcoming cohorts of individuals nearing retirement age than among the current 55-65 group (Stoops, 2004).

• In 1996, less than 27% of those in the 35-54 age group had at least a bachelor’s degree.

• By 2007, over 31% of those in the 35-54 age group had at least a bachelor’s degree (Current Population Survey, 2007).

• Thus, one can expect the upcoming cohorts of individuals nearing retirement to be more educated than individuals currently in the 55-65 age group.

Page 94: Charitable Bequest Decision-Making

Big take-aways

• Don’t just recruit estate givers by giving level, also know your donors without children

• After making their intention, charitable estate donors grew their estates 50%-100% faster than did others.

• Future demographics are generally positive based on population, childlessness, and education

Page 95: Charitable Bequest Decision-Making

Charitable Giving Theory

Page 96: Charitable Bequest Decision-Making

New Ideas for legacy promotion from a theoretical framework

Applying “The Generosity Code”

Page 97: Charitable Bequest Decision-Making

Why theory instead of just a list of techniques?

• Limitations of “war stories” research– So called best practices may just be practices

• Theory based strategies are more flexible– New techniques can emerge as circumstances

change• Guides practice even where, as in bequest

giving, interim measurement is difficult.

Page 98: Charitable Bequest Decision-Making

What does a fundraiser do?

• Bring in money?• This description is “true”, but not very informative.

Applies to essentially all private sector jobs.• What does a Lawyer do? Makes money. What does

a grocer do? Makes money. What does an artist do? Makes money.

• You could bring money to your organization from government contracts, operation of a charitable business, or other means, but it wouldn’t be as a fundraiser.

Page 99: Charitable Bequest Decision-Making

What does a fundraiser do?

A fundraiser …

Page 100: Charitable Bequest Decision-Making

What does a fundraiser do?

A fundraiser …

Encourages Generosity

Page 101: Charitable Bequest Decision-Making

Encouraging generosity

• An issue of fundamental human significance• An independently valuable mission separate

from (although complementary to) your organization’s mission

Page 102: Charitable Bequest Decision-Making

Understanding generosity

Giving occurs when the “potential energy” of a gift’s potential value is unlocked by the “catalyst” of a request

Page 103: Charitable Bequest Decision-Making

Reciprocity(Response of Recipient

to Donor)

Interdependent Utility

(Recipient’s experience)

Self-Identity(Donor as giver)

Social Exchange (Response of Others to

Donor)

Cultural Norms (Response of Others to

Others)

Self-Efficacy(Donor as change

agent)

Potential Value of Gift

(Potential Energy)

Quality of Request

(Catalyst)

Gift(Energy

Released)

1. Definitiveness2. Observers

=x

Page 104: Charitable Bequest Decision-Making

Reciprocity(Response of Recipient

to Donor)

Interdependent Utility

(Recipient’s experience)

Self-Identity(Donor as giver)

Social Exchange (Response of Others to

Donor)

Cultural Norms (Response of Others to

Others)

Self-Efficacy(Donor as change

agent)

Interdependent Utility(Recipient’s experience)

• I am happy because you were benefitted

• Empathyi X Change in well-beingi

Act of Receiving

Act of Giving

Others’ Responses

Page 105: Charitable Bequest Decision-Making

Reciprocity(Response of Recipient

to Donor)

Interdependent Utility

(Recipient’s experience)

Self-Identity(Donor as giver)

Social Exchange (Response of Others to

Donor)

Cultural Norms (Response of Others to

Others)

Self-Efficacy(Donor as change

agent)

Act of Receiving

Act of Giving

Others’ Responses

Self-Identity(Donor as giver)

• I am happy because I am generous, faithful, concerned, etc.

• Importance of value and felt adherence to it

Page 106: Charitable Bequest Decision-Making

Reciprocity(Response of Recipient

to Donor)

Interdependent Utility

(Recipient’s experience)

Self-Identity(Donor as giver)

Social Exchange (Response of Others to

Donor)

Cultural Norms (Response of Others to

Others)

Self-Efficacy(Donor as change

agent)

Act of Receiving

Act of Giving

Others’ Responses

Self-Efficacy(Donor as change agent)

• I am happy because I was the one who benefitted you

• My actions were the cause of the change that I selected

Page 107: Charitable Bequest Decision-Making

Reciprocity(Response of Recipient

to Donor)

Interdependent Utility

(Recipient’s experience)

Self-Identity(Donor as giver)

Social Exchange (Response of Others to

Donor)

Cultural Norms (Response of Others to

Others)

Self-Efficacy(Donor as change

agent)

Act of Receiving

Act of Giving

Others’ Responses

Reciprocity(Response of Recipient to Donor)

I receive benefits from the recipient or representative charity

Page 108: Charitable Bequest Decision-Making

Reciprocity(Response of Recipient

to Donor)

Interdependent Utility

(Recipient’s experience)

Self-Identity(Donor as giver)

Social Exchange (Response of Others to

Donor)

Cultural Norms (Response of Others to

Others)

Self-Efficacy(Donor as change

agent)

Act of Receiving

Act of Giving

Others’ Responses

Social Exchange(Response of Others to Donor)

I receive benefits from others because of my giving

Page 109: Charitable Bequest Decision-Making

Reciprocity(Response of Recipient

to Donor)

Interdependent Utility

(Recipient’s experience)

Self-Identity(Donor as giver)

Social Exchange (Response of Others to

Donor)

Cultural Norms (Response of Others to

Others)

Self-Efficacy(Donor as change

agent)

Act of Receiving

Act of Giving

Others’ Responses

Cultural Norms(Response of Others to Others)

I influence others in the way they behave towards others

Page 110: Charitable Bequest Decision-Making

Reciprocity(Response of Recipient

to Donor)

Interdependent Utility

(Recipient’s experience)

Self-Identity(Donor as giver)

Social Exchange (Response of Others to

Donor)

Cultural Norms (Response of Others to

Others)

Self-Efficacy(Donor as change

agent)

Act of Receiving

Act of Giving

Others’ Responses

Theoretical backgroundThese value channels exists for reasons rooted in social psychology (proximate causes) and natural selection (ultimate causes)

Page 111: Charitable Bequest Decision-Making

Reciprocity(Response of Recipient

to Donor)

Interdependent Utility

(Recipient’s experience)

Self-Identity(Donor as giver)

Social Exchange (Response of Others to

Donor)

Cultural Norms (Response of Others to

Others)

Self-Efficacy(Donor as change

agent)

Psychological benefits to donor

Material benefits to similar others

Material benefits to donor

Theoretical backgroundWe can rearrange by their value type including both material and psychological value sources

Page 112: Charitable Bequest Decision-Making

Understanding generosity

Giving occurs when the “potential energy” of a gift’s potential value is unlocked by the “catalyst” of a request

Page 113: Charitable Bequest Decision-Making

Reciprocity(Response of Recipient

to Donor)

Interdependent Utility

(Recipient’s experience)

Self-Identity(Donor as giver)

Social Exchange (Response of Others to

Donor)

Cultural Norms (Response of Others to

Others)

Self-Efficacy(Donor as change

agent)

Potential Value of Gift

(Potential Energy)

Quality of Request

(Catalyst)

Gift(Energy

Released)

1. Definitiveness2. Observers

=x

Page 114: Charitable Bequest Decision-Making

Definitiveness• How clearly is a decision required?

Observers• Who observes the decision?

Quality of request

Page 115: Charitable Bequest Decision-Making

Quality of a request: Definitiveness

Requires a definite

“no”

Indefinitely deferrableresponse

General support concept

General issue

awareness

Specific request

• Definitiveness: The degree to which a request demands a definitive “yes” or “no”

• The enemy isn’t “no”, it is “no response”

General requestNo request

Page 116: Charitable Bequest Decision-Making

Quality of a request: Definitiveness

Requires a definite

“no”

Indefinitely deferrableresponse

General support concept

General issue

awareness

Specific requestGeneral requestNo request

“100,000 children have died in West Africa’s current food crisis.”

Page 117: Charitable Bequest Decision-Making

Quality of a request: Definitiveness

Requires a definite

“no”

Indefinitely deferrableresponse

General support concept

General issue

awareness

Specific requestGeneral requestNo request

“100,000 children have died in West Africa’s current food crisis. Please help one of the relief agencies if you can.”

Page 118: Charitable Bequest Decision-Making

Quality of a request: Definitiveness

Requires a definite

“no”

Indefinitely deferrableresponse

General support concept

General issue

awareness

Specific requestGeneral requestNo request

“Please give $50 to Oxfam to support relief efforts for children caught in West Africa’s current food crisis.”

Page 119: Charitable Bequest Decision-Making

Quality of a request: Definitiveness

Requires a definite

“no”

Indefinitely deferrableresponse

General support concept

General issue

awareness

Specific requestGeneral requestNo request

“We are sending an office gift to Oxfam on Friday. Put in whatever you like and I will stop by to pick up your envelope in

the morning.”

Page 120: Charitable Bequest Decision-Making

Quality of a request: Observers

1. Perceived likelihood of observance

2. Observer’s social significance and level of commitment to beneficiaries

Observation of a decision point adds a social cost to saying “no” and a social benefit to saying “yes” based upon:

Page 121: Charitable Bequest Decision-Making

Office beverages available with payment on an “honor” system.Picture above payment instructions rotated weekly.Payments were higher when picture of eyes was posted.

M. Bateson, D. Nettle & G. Roberts (2006). Cues of being watched enhance cooperation in a real-world setting. Biology Letters 2, 412–414.

Page 122: Charitable Bequest Decision-Making

A B

Two groups with two computer backgrounds. Each person receives $10. Computer question: Do you want to share any of it with another (anonymous) participant?

K. J. Haley (UCLA), D.M.T. Fessler (UCLA). 2005. Nobody’s watching? Subtle cues affect generosity in an anonymous economic game. Evolution and Human Behavior, 26, 245–256

Page 123: Charitable Bequest Decision-Making

Shar-ing55%

Not Sharing45%

Normal Screen

Sharing88%

Not Sharing12%

Eyes Screen

K. J. Haley (UCLA), D.M.T. Fessler (UCLA). 2005. Nobody’s watching? Subtle cues affect generosity in an anonymous economic game. Evolution and Human Behavior, 26, 245–256

Page 124: Charitable Bequest Decision-Making

Reciprocity(Response of Recipient

to Donor)

Interdependent Utility

(Recipient’s experience)

Self-Identity(Donor as giver)

Social Exchange (Response of Others to

Donor)

Cultural Norms (Response of Others to

Others)

Self-Efficacy(Donor as change

agent)

Potential Value of Gift(Potential Energy)

Quality of Request (Catalyst)

Gift (Energy Released)

1. Definitiveness2. Observers

=x

Applications to legacy giving

Page 125: Charitable Bequest Decision-Making

Unfortunate reality of legacy giving

“74% of the UK population support charities and when asked, 35% of people say they'd happily leave a gift in their will once family and friends had been provided for. The problem is only 7% actually do.”

From www.rememberacharity.org

Page 126: Charitable Bequest Decision-Making

* Donors giving $500+ per year, weighted nationally representative 2006 sample

Over-50 Donors with Charitable Plans; 9.4%

Over-50 Donors With No Charitable Plans;

90.6%

Page 127: Charitable Bequest Decision-Making

Reciprocity(Response of Recipient

to Donor)

Interdependent Utility

(Recipient’s experience)

Self-Identity(Donor as giver)

Social Exchange (Response of Others to

Donor)

Cultural Norms (Response of Others to

Others)

Self-Efficacy(Donor as change

agent)

1. Definitiveness2. Observers

=x

So, why is legacy giving so low?What is missing?

Page 128: Charitable Bequest Decision-Making

Reciprocity(Response of Recipient

to Donor)

Interdependent Utility

(Recipient’s experience)

Self-Identity(Donor as giver)

Social Exchange (Response of Others to

Donor)

Cultural Norms (Response of Others to

Others)

Self-Efficacy(Donor as change

agent)

1. Definitiveness2. Observers

=x

People may not consider charity during document creation (practice of advisors and mistiming of communications from charity).

Page 129: Charitable Bequest Decision-Making

Reciprocity(Response of Recipient

to Donor)

Interdependent Utility

(Recipient’s experience)

Self-Identity(Donor as giver)

Social Exchange (Response of Others to

Donor)

Cultural Norms (Response of Others to

Others)

Self-Efficacy(Donor as change

agent)

1. Definitiveness2. Observers

=x

Will drafting and legacy planning is easy to postpone (avoid facing mortality).

Page 130: Charitable Bequest Decision-Making

Reciprocity(Response of Recipient

to Donor)

Interdependent Utility

(Recipient’s experience)

Self-Identity(Donor as giver)

Social Exchange (Response of Others to

Donor)

Cultural Norms (Response of Others to

Others)

Self-Efficacy(Donor as change

agent)

1. Definitiveness2. Observers

=x

Will drafting is not public, and not an acceptable forum for peer observation.

Page 131: Charitable Bequest Decision-Making

Reciprocity(Response of Recipient

to Donor)

Interdependent Utility

(Recipient’s experience)

Self-Identity(Donor as giver)

Social Exchange (Response of Others to

Donor)

Cultural Norms (Response of Others to

Others)

Self-Efficacy(Donor as change

agent)

1. Definitiveness2. Observers

=x

Most legacy giving benefits can only be anticipated, not actually experienced.

Page 132: Charitable Bequest Decision-Making

Reciprocity(Response of Recipient

to Donor)

Interdependent Utility

(Recipient’s experience)

Self-Identity(Donor as giver)

Social Exchange (Response of Others to

Donor)

Cultural Norms (Response of Others to

Others)

Self-Efficacy(Donor as change

agent)

1. Definitiveness2. Observers

=x

Reciprocity or social exchange is limited. Prior to the gift, the intention is revocable.

After the gift, the donor is gone.

Page 133: Charitable Bequest Decision-Making

Reciprocity(Response of Recipient

to Donor)

Interdependent Utility

(Recipient’s experience)

Self-Identity(Donor as giver)

Social Exchange (Response of Others to

Donor)

Cultural Norms (Response of Others to

Others)

Self-Efficacy(Donor as change

agent)

1. Definitiveness2. Observers

=x

Charitable bequests may be viewed as competitive with transfers to offspring

Page 134: Charitable Bequest Decision-Making

What strategies within this framework might improve participation in charitable bequest making?

Page 135: Charitable Bequest Decision-Making

Reciprocity(Response of Recipient

to Donor)

Interdependent Utility

(Recipient’s experience)

Self-Identity(Donor as giver)

Social Exchange (Response of Others to

Donor)

Cultural Norms (Response of Others to

Others)

Self-Efficacy(Donor as change

agent)

1. Definitiveness2. Observers

=x

Spend more efforts with those donors who do not have offspring (and thus lower

competing interdependent utility).

Page 136: Charitable Bequest Decision-Making

Reciprocity(Response of Recipient

to Donor)

Interdependent Utility

(Recipient’s experience)

Self-Identity(Donor as giver)

Social Exchange (Response of Others to

Donor)

Cultural Norms (Response of Others to

Others)

Self-Efficacy(Donor as change

agent)

1. Definitiveness2. Observers

=x

Promote self-identify of the planned legacy donor as a current identity of social worth.

Page 137: Charitable Bequest Decision-Making

Identify an important value.

Associate current planned giving status with that value.

Create experienced gift value today, rather than only anticipated post-mortem value.

[Legacy club] members have a love for animals that lasts more than a lifetime.

Become a [legacy club] member today.

Page 138: Charitable Bequest Decision-Making

Reciprocity(Response of Recipient

to Donor)

Interdependent Utility

(Recipient’s experience)

Self-Identity(Donor as giver)

Social Exchange (Response of Others to

Donor)

Cultural Norms (Response of Others to

Others)

Self-Efficacy(Donor as change

agent)

1. Definitiveness2. Observers

=x

Death creates a natural self-efficacy void. Emphasize giving opportunities with

permanence.

Page 139: Charitable Bequest Decision-Making

Self-efficacy in legacy gifts

With death we “disappear”, a serious imposition on self-efficacy.

– The desire to overcome this is natural.– Humankind develops memorials emphasizing

permanence.

Page 140: Charitable Bequest Decision-Making

Self-efficacy in legacy gifts

It is easier for the wealthy to imagine charitable gifts with permanent impact.

Buildings, large charitable foundations, parks, art

Consider developing permanent giving opportunities for mid-level donors.

• Named giving opportunities limited to legacy donors (so as not to pull from current giving)

• Permanent memorial trusts for legacy donors only• Scholarships, lectureships, sponsor a child, sponsor a

rescued pet, annual performances, etc.

Page 141: Charitable Bequest Decision-Making

Reciprocity(Response of Recipient

to Donor)

Interdependent Utility

(Recipient’s experience)

Self-Identity(Donor as giver)

Social Exchange (Response of Others to

Donor)

Cultural Norms (Response of Others to

Others)

Self-Efficacy(Donor as change

agent)

1. Definitiveness2. Observers

=x

Develop small permanent giving opportunities exclusively for legacy gifts.

Page 142: Charitable Bequest Decision-Making

Reciprocity(Response of Recipient

to Donor)

Interdependent Utility

(Recipient’s experience)

Self-Identity(Donor as giver)

Social Exchange (Response of Others to

Donor)

Cultural Norms (Response of Others to

Others)

Self-Efficacy(Donor as change

agent)

1. Definitiveness2. Observers

=x

Emphasize data on how quickly inheritances are spent by family members as compared to

longevity of a “permanent gift”

Page 143: Charitable Bequest Decision-Making

Reciprocity(Response of Recipient

to Donor)

Interdependent Utility

(Recipient’s experience)

Self-Identity(Donor as giver)

Social Exchange (Response of Others to

Donor)

Cultural Norms (Response of Others to

Others)

Self-Efficacy(Donor as change

agent)

1. Definitiveness2. Observers

=x

Legacy societies to publicly recognize planned donors and create functioning donor communities through social events.

Page 144: Charitable Bequest Decision-Making

Reciprocity(Response of Recipient

to Donor)

Interdependent Utility

(Recipient’s experience)

Self-Identity(Donor as giver)

Social Exchange (Response of Others to

Donor)

Cultural Norms (Response of Others to

Others)

Self-Efficacy(Donor as change

agent)

1. Definitiveness2. Observers

=x

Always reminding so that the option is “top of the mind” whenever planning happens to occur.

Page 145: Charitable Bequest Decision-Making

Reciprocity(Response of Recipient

to Donor)

Interdependent Utility

(Recipient’s experience)

Self-Identity(Donor as giver)

Social Exchange (Response of Others to

Donor)

Cultural Norms (Response of Others to

Others)

Self-Efficacy(Donor as change

agent)

1. Definitiveness2. Observers

=x

Creating planned giving campaign deadlines to interfere with ease of postponement.

Page 146: Charitable Bequest Decision-Making

A small organization’s two-year campaign to reach 100 planned legacies

http://www.fcs.uga.edu/alumni/legacies.html

Page 147: Charitable Bequest Decision-Making

Reciprocity(Response of Recipient

to Donor)

Interdependent Utility

(Recipient’s experience)

Self-Identity(Donor as giver)

Social Exchange (Response of Others to

Donor)

Cultural Norms (Response of Others to

Others)

Self-Efficacy(Donor as change

agent)

1. Definitiveness2. Observers

=x

Encourage will making in donor population.

Page 148: Charitable Bequest Decision-Making

Reciprocity(Response of Recipient

to Donor)

Interdependent Utility

(Recipient’s experience)

Self-Identity(Donor as giver)

Social Exchange (Response of Others to

Donor)

Cultural Norms (Response of Others to

Others)

Self-Efficacy(Donor as change

agent)

1. Definitiveness2. Observers

=x

Provide free planning services to donors with high potential.

Page 149: Charitable Bequest Decision-Making

Reciprocity(Response of Recipient

to Donor)

Interdependent Utility

(Recipient’s experience)

Self-Identity(Donor as giver)

Social Exchange (Response of Others to

Donor)

Cultural Norms (Response of Others to

Others)

Self-Efficacy(Donor as change

agent)

1. Definitiveness2. Observers

=x

Create immediate commitment pledge devices with follow up verification.

Page 150: Charitable Bequest Decision-Making

Reciprocity(Response of Recipient

to Donor)

Interdependent Utility

(Recipient’s experience)

Self-Identity(Donor as giver)

Social Exchange (Response of Others to

Donor)

Cultural Norms (Response of Others to

Others)

Self-Efficacy(Donor as change

agent)

1. Definitiveness2. Observers

=x

Targeting advisors to include charitable questions in their document creation process through information and recognition.

Page 151: Charitable Bequest Decision-Making

Why not recognize the intermediaries?

• Intermediaries, such as a will drafting lawyer, are essential to the process.

• Often the simple act of specifically asking about a gift to charity by an advisor is key.

• A “new” idea?

Page 152: Charitable Bequest Decision-Making

Magdalen HospitalList of Contributors, 1760From: Sarah Lloyd, ‘A Person Unknown’? Female supporters of English subscription charities during the long 18th century, Voluntary Action History Society Research Conference, Canterbury, UK, July 14-16, 2010

Page 153: Charitable Bequest Decision-Making

Recognizing intermediaries

• Friends of charity solicitors society• Sponsoring free CPD (continuing professional

development) charitable planning related education opportunities– Advertising those who have completed the CPD

program.• Publishing recognition of active solicitors authoring

charitable wills probated in most recent 6 months in particular county, town.– Shows frequency of professional activity.

Page 154: Charitable Bequest Decision-Making

Reciprocity(Response of Recipient

to Donor)

Interdependent Utility

(Recipient’s experience)

Self-Identity(Donor as giver)

Social Exchange (Response of Others to

Donor)

Cultural Norms (Response of Others to

Others)

Self-Efficacy(Donor as change

agent)

1. Definitiveness2. Observers

=x

Consider legacy arrangements that involve children in charitable decisions.

Page 155: Charitable Bequest Decision-Making

Public notice of founding

of the Bible

Society (1804)

and listing of donors

The Morning Post (London, England), Monday, March

19, 1804; pg. [1]; Issue 11061. 19th Century British

Library Newspapers: Part II.

Page 156: Charitable Bequest Decision-Making

Executors become voting

Governors for life

Page 157: Charitable Bequest Decision-Making

Reciprocity(Response of Recipient

to Donor)

Interdependent Utility

(Recipient’s experience)

Self-Identity(Donor as giver)

Social Exchange (Response of Others to

Donor)

Cultural Norms (Response of Others to

Others)

Self-Efficacy(Donor as change

agent)

1. Definitiveness2. Observers

=x

The framework doesn’t provide automatic answers, but may help generate ideas about value creation and realization in your context.

Page 158: Charitable Bequest Decision-Making

Reciprocity(Response of Recipient

to Donor)

Interdependent Utility

(Recipient’s experience)

Self-Identity(Donor as giver)

Social Exchange (Response of Others to

Donor)

Cultural Norms (Response of Others to

Others)

Self-Efficacy(Donor as change

agent)

Potential Value of Gift

(Potential Energy)

Quality of Request

(Catalyst)

Gift(Energy

Released)

1. Definitiveness2. Observers

=x

Page 159: Charitable Bequest Decision-Making

Tax Tips

Page 160: Charitable Bequest Decision-Making

2012 special tax considerations

• IRA qualified charitable distributions (QCDs) – not available

• Roth IRA conversions• Low interest rates resulting

in high valuations of future gifts

Page 161: Charitable Bequest Decision-Making

$1MM in standard IRA (withdraws

are taxable)

In 2012 no income limits for Roth

conversions

Roth Conversion

$1MM in Roth IRA (withdraws

are tax free)

TaxableTax Free

Page 162: Charitable Bequest Decision-Making

$1MM in standard IRA (withdraws

are taxable)

Conversion creates $1MM in immediate

taxable income

Roth Conversion

$1MM in Roth IRA (withdraws

are tax free)

TaxableTax Free

Page 163: Charitable Bequest Decision-Making

Roth conversions and charitable planning can work together to match

Income Deductions

Page 164: Charitable Bequest Decision-Making

$1MM in standard IRA (withdraws

are taxable)

Conversion creates $1MM in immediate

taxable income

Roth Conversion

$1MM in Roth IRA (withdraws

are tax free)

TaxableTax Free

Page 165: Charitable Bequest Decision-Making

Where can I find offsetting deductions?

Page 166: Charitable Bequest Decision-Making

Where can I find offsetting deductions?

• Direct charitable gift• Charitable remainder trust• Charitable lead trust

(grantor)• Charitable gift annuity• Donor advised fund• Private foundationOr give a remainder interest in a residence or farmland to a charity

Page 167: Charitable Bequest Decision-Making

Charitable deductions may be limited (with five year carryover) to 20%, 30%, or 50% of income depending on gift and recipient

Page 168: Charitable Bequest Decision-Making

If I have unused deductions, how can I pull future income into current year?

Page 169: Charitable Bequest Decision-Making

If I have unused deductions, how can I pull future income into current year?

With a Roth conversion

Page 170: Charitable Bequest Decision-Making

$1MM in standard IRA (withdraws

are taxable)

Conversion creates $1MM in immediate

taxable income

Roth Conversion

$1MM in Roth IRA (withdraws

are tax free)

TaxableTax Free

Page 171: Charitable Bequest Decision-Making

Roth conversions and charitable planning can work together to match

Income Deductions

Page 172: Charitable Bequest Decision-Making

Charitable gift of remainder interests in homes

and farms

Page 173: Charitable Bequest Decision-Making

A remainder interest gives the right to own the property after a set time or after the death of a person

OK, you can have my

stuff now.

Charles A. Donor

Page 174: Charitable Bequest Decision-Making

Charitable Deduction

Interest Rates

Page 175: Charitable Bequest Decision-Making

Deduction for remainder interest in $100,000 of farm land by age 59 donor

1.4% (April 12)

$74,03311.6% (May 89)

$15,684

Page 176: Charitable Bequest Decision-Making

Unlike a will, a remainder interest is not revocable, and can even be sold

Remainder Interest

Page 177: Charitable Bequest Decision-Making

A deductible remainder interest in farmland or a home must be transferred by deed, not by trust or contract

Page 178: Charitable Bequest Decision-Making

A farm is any land and improvements used (even by a tenant)

to raise crops or livestock

Page 179: Charitable Bequest Decision-Making

A remainder interest in any part of a farm may be gifted

(Rev. Rul. 78-303)

Page 180: Charitable Bequest Decision-Making

Can I give a remainder interest of an undivided share in

farmland?

12.5%

25%

Page 181: Charitable Bequest Decision-Making

Yes, donor may deduct a remainder interest shared by

charity and others as tenants in common (Rev. Rule 87-37)

12.5%

25%

Page 182: Charitable Bequest Decision-Making

However, IRS may deduct cost of partitioning (of forcing a sale

or division)

12.5%

25%

Page 183: Charitable Bequest Decision-Making

• No deduction for remainder just in mineral rights because it is not a “farm” Reg. 1.170A-7(b)(4)

• Can gift remainder in entire “fee simple” farm (even if land and mineral rights go to separate charities) PLR 8316037

• Can gift remainder in farm without mineral rights if you don’t owned them

mineral rights

Page 184: Charitable Bequest Decision-Making

How do you calculate the deduction for a remainder interest in farmland?

1. Find the §7520 interest rate (http://www.irs.gov/businesses/small/article/0,,id=112482,00.html)

2. Multiply value of land by remainder percentage in IRS Pub. 1457 (one or two lives or specific term) (http://www.irs.gov/retirement/article/0,,id=206601,00.html)

Page 185: Charitable Bequest Decision-Making

1. Find the §7520 interest rate http://www.irs.gov/businesses/small/article/0,,id=112482,00.html

Ex: A remainder interest in $100,000 of farmland given by a 59 year old donor 5/12

1.4%

Page 186: Charitable Bequest Decision-Making

Table S - Based on Life Table 2000CMInterest at 1.4 Percent

Age Annuity Life Estate Remainder55 20.8206 0.29149 0.7085156 20.2495 0.28349 0.7165157 19.6800 0.27552 0.7244858 19.1129 0.26758 0.7324259 18.5479 0.25967 0.74033

1. Find the §7520 interest rate (http://www.irs.gov/businesses/small/article/0,,id=112482,00.html)

2. Multiply value of land by remainder percentage in IRS Pub. 1457 (one or two lives or specific term) (http://www.irs.gov/retirement/article/0,,id=206601,00.html)

1.4%

Ex: A remainder interest in $100,000 of farmland given by a 59 year old donor 5/12

X 0.74033 $100,000

= $74,033

Page 187: Charitable Bequest Decision-Making

Leaving land to charityby will

• Revocable• $0 income tax deduction

• Impacts charity after death

Leaving land to charityby remainder interest

• Irrevocable• $74,033 immediate income

tax deduction• Impacts charity after death

or immediately if charity sells remainder interest

Page 188: Charitable Bequest Decision-Making

Because farmland can be gifted in parts, a donor could annually give remainder interests up to income limits or desired marginal tax rate

• Allows for increasing valuation each year

• Avoids risk of losing carryover deduction at death

• Could use value of annual deductions to pay for ILIT life insurance passing tax free to heirs

Page 189: Charitable Bequest Decision-Making

Donor can use money from remainder tax deduction to buy tax free life insurance (ILIT) for children’s inheritance

Tax

Free

From

ILIT

IRS Cash Back

Page 190: Charitable Bequest Decision-Making

remainder interest in farmland given to charity

$74,033 tax deduction x 35% combined tax rate = $25,911

$25,911 buys est. $70,000 paid up ILIT life insurance

children receive

$70,000 (tax free from ILIT)

will divides farmland 10% to charity 90% to children

charity receives $12,500

(10% x $125,000)

children receive

$50,625 (90% x 125,000 =

112,500, less 55% for post ‘12 estate taxes)

charity receives

$125,000 farmland

farmland worth $125,000 at death

Age 59 wealthy donor with $100,000 farmland on 5/12

Page 191: Charitable Bequest Decision-Making

Gifts of remainder interests in personal residences can also be deducted

Remainder Interest

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Includes second homes, vacation homes, even a boat with bathroom, cooking, and

sleeping facilities, if used by the donor as a residence

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Deduction for a house is reduced because, unlike land, it is depreciable (it wears out)

Rules in IRS Pub. 1459 http://www.irs.gov/pub/irs-pdf/p1459.pdf

Page 194: Charitable Bequest Decision-Making

59 year old donor giving on 9/6/10

Remainder interest in $100,000 farm

.68233 x $100,000

$68,233 Deduction

*.68233 less .26821 depreciation reductioncalculatedon nextslide

Remainder interest in $100,000 home

.68233 x $20,000 (land)

.68233 x $10,000 (salvage)

.41412* x $70,000

$49,458 Deduction

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Table C(2.4)Factors for Reducing Assurances - Based on Table 2000CM

Interest at 2.4 Percent Age  

Remainder R-Factors  D-Factors  

Age   Remainder R-Factors   D-Factors

x  

Factors   Rx-0.5Mx  

Dx   x  

Factors   Rx-0.5Mx   Dx

0 .17830 1202916 100000.0 55 .56322 317860.0 24748.541 .17677 1185429 96977.54 56 .57383 304002.2 24008.452 .18060 1168311 94656.94 57 .58449 290311.8 23274.973 .18466 1151231 92407.69 58 .59517 276800.1 22547.024 .18888 1134179 90219.15 59 .60589 263478.6 21825.10… … …… … … … … … … …… … … …48 .49158 418809.2 30218.64 103 .95802 60.91156 35.6359549 .50143 404011.4 29397.77 104 .96077 33.72948 21.05020

Depreciation reduction factor

R factor age now – R factor age after useful life of house

D factor age now X Useful life of houseAppraiser can estimate. IRS examples use 45 years.

Table C at http://www.irs.gov/retirement/article/0,,id=206601,00.html263478.6-60.91156

21825.1-45 =.26821

Page 196: Charitable Bequest Decision-Making

What if the donor leaves?

Page 197: Charitable Bequest Decision-Making

What if the donor leaves?

Agree with the charity to

a joint sale and divide proceeds

Give life estate to charity in

exchange for a gift annuity

Give life estate to charity

Rent property

Sell life estate

Page 198: Charitable Bequest Decision-Making

What if I make improvements to the property after giving a remainder interest?

Page 199: Charitable Bequest Decision-Making

You can deduct the remainder value of major

improvements as additional gifts

PLR 9329017; PLR 8529014

$8,000 for

new HVAC

Page 200: Charitable Bequest Decision-Making

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