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Charitable Giving in Your Estate Plan: A California Guide

By Dustin MacFarlane | Sacramento Estate Planning Attorney

Many families want to leave something behind for a cause they care about — a church, a university, a local nonprofit — without reducing what their own children or spouse receive. California law gives you several ways to do this, ranging from a simple bequest in a will to more sophisticated trusts that provide income to family during their lifetime before the remainder goes to charity.

The Simplest Option: A Direct Bequest

You can name a charity as a direct beneficiary in your will or living trust, just as you would a family member — a specific dollar amount, a percentage of your estate, or a specific asset such as your home. This is straightforward to set up but offers the least flexibility and no lifetime income benefit to your family.

Charitable Remainder Trusts (CRTs)

A charitable remainder trust lets you (or a chosen beneficiary, such as a spouse or child) receive income from the trust's assets for life or a set term of years, with whatever remains passing to your chosen charity afterward. This can also provide a current-year income tax deduction and help avoid capital gains tax if funded with appreciated property, such as stock or real estate, making it a popular choice for highly appreciated assets.

Charitable Lead Trusts (CLTs)

A charitable lead trust works in reverse: the charity receives income first for a set period, and the remaining assets pass to your family afterward. This can be a powerful estate tax planning tool for larger estates, since it can significantly reduce the taxable value of what eventually passes to heirs.

Donor-Advised Funds

A donor-advised fund lets you contribute assets now (potentially taking the tax deduction immediately) while retaining the ability to recommend which specific charities receive grants over time. Many families use these as a flexible middle ground between an outright gift and a more complex trust structure.

Naming a Charity as a Beneficiary of Retirement Accounts or Life Insurance

Retirement accounts (such as IRAs) can be especially tax-efficient to leave to charity rather than family, since charities don't pay income tax on the distribution the way an individual heir would. This can be one of the most tax-smart ways to give, while leaving other, less tax-burdened assets to your family instead.

Making Sure Charitable Giving Doesn't Shortchange Your Family

The right structure depends on your goals: Do you want your family to receive income first? Is minimizing estate or capital gains tax a priority? Is there a specific asset, like a home, you want to go to a cause you care about? These tools are not one-size-fits-all, and the wrong choice can unintentionally reduce what your family receives or create unnecessary tax complexity.

Frequently Asked Questions

Can I leave my house to a charity?

Yes. You can name a charity as a direct beneficiary of your home in your will or trust, or use a charitable remainder trust to provide income to family first with the remainder passing to charity later.

Do I need to be wealthy to include charitable giving in my plan?

No. A direct bequest of a specific item or percentage works for estates of any size. The more sophisticated trust structures tend to make the most sense for larger or highly appreciated estates.

Can I change my mind later?

If the gift is made through a revocable living trust or will, yes — you can update it at any time while you have capacity. Certain irrevocable charitable trusts, by contrast, generally cannot be undone once established, which is an important factor to weigh before choosing that route.

Want to Include a Cause You Care About in Your Plan?

California Probate and Trust has helped Northern California families build estate plans that reflect their values since 2009.

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