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Can I set up a trust that gives me income now and donates the rest to charity when I die?

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Trusts

Updated April 14, 2026

Yes. A charitable remainder trust pays you income during your lifetime and donates the remaining assets to charity when you die. You also receive a current income tax deduction and avoid capital gains tax on contributed assets.

Detailed Answer

A charitable remainder trust does just that. It lets you turn assets that have grown in value into steady income during your life. Then, when you die, the rest goes to a charity you pick. Along the way, you get a tax break and skip capital gains tax on what you put in.

How a Charitable Remainder Trust Works

You move assets into an irrevocable trust. These are often stocks, real estate, or other holdings that have grown in value. The trust sells them without you owing capital gains tax. The money is then invested. The trust pays you income on a set schedule, usually every quarter or once a year.

You pick the payout rate (between 5% and 50% of the trust's starting value). You also choose how long payments last. That can be for your lifetime or a set term of up to 20 years. When the trust ends, what is left goes to the charity or charities you named.

Tax Benefits

The tax perks are big:

  • Charitable deduction: You get an income tax break the year you fund the trust. It is based on how much is expected to go to charity. The IRS uses its own tables to figure out the amount.
  • No capital gains tax up front: If you put in assets that grew in value, the trust can sell them tax-free. More money stays invested and earning income for you.
  • Estate tax savings: The assets in the trust are taken out of your taxable estate.

Types of Charitable Remainder Trusts

There are two main types:

  • Charitable Remainder Annuity Trust (CRAT): Pays a fixed dollar amount each year. The payment stays the same no matter how the trust's holdings perform.
  • Charitable Remainder Unitrust (CRUT): Pays a fixed percent of the trust's value each year. If the holdings grow, your payments go up. If they drop, payments go down.

Most people pick the unitrust. It gives some guard against rising costs over time.

Other Charitable Giving Tools

A charitable remainder trust is not the only way to give. A donor advised fund lets you make a gift, get a tax break right away, and then suggest grants to charities over time. It is simpler to set up but does not pay you income.

Charitable lead trusts work the other way. The charity gets income first. Then whatever is left goes to your heirs at a lower tax value. This can be a strong tool for families who want to pass on wealth and support causes they care about.

Is a Charitable Remainder Trust Right for You?

This trust works best when you have assets that have grown a lot in value, want steady income, and plan to support a cause you believe in. The trust must be drafted to meet IRS rules. The choice between a CRAT and CRUT depends on your money goals.

An estate planning team can map out the income, tax savings, and impact before you decide. That is how you make your money work for you and the causes you care about.

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