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Wills: Creative gift planning for those who care

Ways to Remember

The highest compliment you can give your Church is to remember us in your Will. This means that you are equating St. Mary’s of the Lake with your family and close friends. You not only believe we should be doing what we are doing now, but that we should also continue to do so in the future and you are supporting this belief with a charitable bequest in your Will.

  1. Specific Amount. Many donors are partial to this way, but it should be used only when the needs of the family are adequately met.
  2. Percentage of the Estate. After all final expenses have been paid, St. Mary’s will receive a percentage of the adjusted gross estate.
  3. Residual Beneficiary. After all expenses and specific bequests have been satisfied, a residuary clause in the Will caused the remaining assets in the estate to pass to St. Mary’s.
  4. Combination of the Above. A small specific bequest is made plus a percentage of the residual estate after all other specific bequest have been satisfied.
  5. Contingent Beneficiary. This is the least definite because our right to receive anything depends upon the rights of others expiring.
  6. Testamentary Life Income Agreement. A donor can provide a life income for a loved one by establishing a charitable remainder trust or gift annuity in his /her Will.
Wills and Bequest
There are three kinds of Wills:
  1. The “eleventh-hour” or oral Will. Usually made under adverse circumstances. Very risky and easily challenged.
  2. The hand-written or holographic Will. Very expensive in the long run because it must meet so many court tests. Easily contested and recognized in less than half the states.
  3. The witnessed or attested Will. Drawn to conform to the laws of the state in which the testator lives, this is the best. In every instance the Will must conform to local and state laws. Competent legal counsel is strongly encouraged.
Below is language which a testator might use to remember, St. Mary’s of the Lake, with a bequest. “I give, devise and bequeath to (St. Mary’s of the Lake), a not-for-profit organization incorporated in the State of Minnesota, with the principal Office at 419 Lyon Ave, Lake City, MN 55041.

Specific – “the (description or sum of bequest) to be used for the purpose of …….”

Residuary – “all or a portion (list percentage) of the rest, residue and remainder of my estate, to be used for …..”

Contingent – “In the event that (primary beneficiaries) should not survive me, or should die during the administration of my estate within ninety days from the date of my death as a result of a common disaster, then I give, devise and bequeath …..”

Your Will
The Bargain of Your Lifetime

A Will is the cornerstone of a wise person’s plans for the future. Yet statistics gathered from US probate courts, reveal that seven out of eight people die without a Will and that 80% of those wills which are written do not carry out the intentions of the deceased. They did not adjust their estate plans through their Wills to reflect the changes in their lives.

Why do so many people fail to make a Will or take the time to update their current Will? The answer may lie in the pace we have set for ourselves. As we strive for success, we became preoccupied with staying young. As a result we resist writing a Will, as if this would force us to admit the existence of our own mortality.

  • A reluctance to face death
    People do not want to face the reality of death because they do not want it to happen. So they avoid planning for its possibility, as if that will prevent it from happening.
  • Procrastination
    An interesting by-product of today’s medicine To cure sickness and extend life expectancies is that people think they have more time than they Actually have. The price of putting things off “until tomorrow” is very high. Unfortunately, those who survive must bear the expense.
  • Too little property
    People who have modest estates at the present time need to give more thought and planning to their estates than people with larger estates. Their beneficiaries cannot afford to have their smaller inheritance wasted in unnecessary court cost and probate expenses.
  • Too expensive
    Anything that is worthwhile doing costs money. A properly drawn Will, directing the distribution of what one has accumulated while living may be the bargain of your lifetime.
  • Dislike of legal documents
    Otherwise intelligent and reasonable people will avoid taking the necessary step of contacting an attorney and working with him in drafting their Will because they feel incapable of understanding what is being done.
  • Inability to plan for the future
    Many people feel incompetent about planning for their future, especially in financial matters. Taking positive action is most important particularly when your estate is not large. Only the very rich can afford such indecisiveness.
  • Reluctance to trust others
    Deciding whom you should ask for counsel regarding such personal plans may cause some people to delay doing that which they know is necessary. Obviously, the key person is the attorney whom you choose, based on recommendations from satisfied clients.

Valid Reasons?
There really are none. To not plan is to forfeit your right to distribute your estate to loved ones and to perpetuate your lifetime values beyond your lifetime through your Will.