Charitable Planning
Charitable planning
Clients often find this the most rewarding part of the planning process — giving to the causes closest to them, structured so the gift goes further.
Charitable planning structures gifts to causes you care about in a tax-advantaged way. The common vehicles are charitable remainder trusts, charitable lead trusts, private foundations, donor-advised funds, charitable gift annuities, and gifts of real estate with a retained life estate.
Clients often find charitable planning one of the most rewarding and meaningful parts of the planning process. Each client has unique circumstances and philanthropic goals. With proper planning, clients can make tax-advantaged gifts designed to support organizations and causes closest to their hearts.
Depending on the type of assets you wish to contribute, your need for income during your lifetime, your desire to preserve assets for heirs, and your tax situation, there are a variety of strategies for charitable planning. These include:
- Charitable Lead Trusts
- Charitable Remainder Trusts
- Life Insurance and Retirement Benefits Planning
- Private Foundations
- Donor-Advised Funds or Trusts
- Life Income Gifts
- Charitable Gift Annuities
- Gifts of Real Estate with Retained Life Estate
Choosing a charitable vehicle
- If you need income now
- Charitable remainder trust or charitable gift annuity
- If heirs should receive the remainder
- Charitable lead trust
- If you want ongoing family involvement
- Private foundation
- If you want simplicity and low cost
- Donor-advised fund
- If the asset is appreciated real estate
- Gift with retained life estate, or a CRT
- Tax note
- Deduction limits and valuation rules vary by vehicle and asset — this requires case-specific advice
How do the main vehicles compare?
| Vehicle | Who receives income | Who receives the remainder | Typical fit |
|---|---|---|---|
| Charitable remainder trust | You or your beneficiaries | The charity | Appreciated assets, income needed for life |
| Charitable lead trust | The charity | Your heirs | Transferring growth to heirs at reduced transfer-tax cost |
| Private foundation | — | Governed by your family | Ongoing family philanthropy and control |
| Donor-advised fund | — | Charities you recommend | Simplicity, low administrative burden |
| Charitable gift annuity | You, fixed payments | The charity | A fixed income stream, simple structure |
Charitable structures interact with the rest of your plan — your trusts, your estate planning documents, and your income tax picture. We build them together rather than in isolation.
Speak with a charitable planning attorney
Tresp Law, APC is an excellent Charitable Planning law firm in San Diego County, with offices in Cardiff-by-the-Sea, Mission Brewery Plaza in San Diego, and Kemmerer, Wyoming. Not all lawyers are equal. If you need a proactive, knowledgeable, and effective charitable planning lawyer, call us today at (858) 248-2779 or contact us online to schedule a consultation.
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Common questions
Frequently asked
What is a charitable remainder trust?
An irrevocable trust that pays income to you or your beneficiaries for a term or for life, with whatever remains passing to charity. It is often used for highly appreciated assets, because the trust can sell them without the donor recognizing immediate capital gain.
How is a charitable lead trust different?
It reverses the order. The charity receives the income stream first, and the remainder passes to your heirs at the end of the term — frequently at a reduced transfer-tax cost.
Should I set up a private foundation or use a donor-advised fund?
A private foundation gives your family control, a permanent vehicle, and the ability to hire and grant broadly, at the price of administration, excise tax and public filings. A donor-advised fund is far simpler and cheaper but you only recommend grants. The right answer depends on the amount involved and how much involvement your family wants.
Can I give real estate to charity and keep living in it?
Yes — that is a gift of real estate with a retained life estate. You transfer the remainder interest to the charity, keep the right to occupy the property for life, and may take a current deduction for the value of the remainder interest.
Do I need a large estate for charitable planning to be worthwhile?
No. Donor-advised funds and gifts of appreciated securities work at modest amounts. The more complex vehicles — private foundations, CRTs, CLTs — generally justify their administrative cost at higher values.
This page is general legal information, not legal advice, and does not create an attorney-client relationship. California trust and probate law is fact-specific and deadlines are unforgiving — please speak with a qualified attorney about your own circumstances.
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