When making out a Will to a non-profit organization, can your money be designated to a specific program or department?

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When making out a Will to a non-profit organization, can your money be designated to a specific program or department?

Asked on May 22, 2014 under Estate Planning, Kansas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Well, it is your Will and you can do what you wish but here are the issues: are you worried that the Not for Profit will misuse the money?  That worry is misplaced. Any unrestricted gift must, by law, be put toward purposes that the organization believes to be appropriate within its mission. And you must make sure that the organization can actually meet the conditions of your bequest. Other than creating a trust and giving the trustee discretion on accessing the money for use by the organization it may be hard to guarantee the control you wish to have after you are gone.  But if the organization's head and board are reasonable people I am sure that it will be fine.  I would meet with them before you add the bequest.  Good luck.


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