Real Estate Gift Planning

Real estate holdings make up 30% to 40% of the assets of most families facing estate planning, retirement, and charitable decisions. This means that over the next 50 years decisions will be made regarding the transfer of from $12 trillion to $16 trillion of real estate assets in this country, with close to $1 trillion of that transfer occurring in the six New England states alone. This represents a tremendous opportunity for non-profit organizations and private property owners to work together to develop tax-wise solutions creating billions of dollars of charitable legacies. Yet, until recently, creative gifts of real estate have seldom been pursued by professional advisors or gift planners, who are often wary of the complexities of real estate.  

With real estate assets in most parts of the country continuing to increase in value, now is an especially opportune time for real estate owners, professional advisors and gift planners to turn their attention to real estate gift opportunities.

Conservation Real Estate

Real estate law and the Internal Revenue Code provide a range of tools to address the conservation objectives of owners of significant land and of historic properties. Owners of such properties can often work with conservation and preservation organizations to achieve their objectives while generating significant income tax savings and, in some cases, arranging income for life or arranging continued lifetime use of the protected property.

Services For Non-Profit Organizations

Real Estate Gift Planning

  • Help non-profits initiate or expand a real estate gifts program.
  • Integrate a real estate gifts component into capital campaigns.
  • Provide workshops and training on real estate gift options for development staff, senior management, boards of trustees, professional advisors and donor prospects.
  • Develop a marketing strategy for a real estate gifts initiative.
  • Work with prospects to develop the gift structure that works best for the property owner and the non-profit:
    • outright gift
    • bargain sale
    • charitable remainder trust
    • charitable lead trust
    • charitable gift annuity
    • retained life estate/remainder interest
  • Coordinate due diligence investigations, e.g. environmental assessments, title searches, appraisals, marketability analyses, etc.
  • Manage the sale of gift properties.
  • Conduct after-tax financial analysis comparing various gift structures, from perspective of the donor and the donee.
  • Help attract and structure conservation-oriented real estate gifts.

Conservation real estate transactions

  • Help land trusts and other conservation organizations structure conservation easement donations and purchases, fee purchases, bargain purchases, and limited development projects.
  • Combine conservation easements with real estate gift structures
  • Conduct financial analysis of complex conservation real estate transactions.

Other real estate services for non-profit organizations

  • Coordinate disposition of surplus real estate, in a way that is consistent with the non-profit’s mission and image.
  • Evaluate buy versus lease decisions.
  • Analyze feasibility of property acquisition and operation.
  • Help identify properties for expansion or relocation.

Services For Families and Individuals

Analysis of holdings and options

  • Review a family’s property holdings, analyzing development potentials, conservation options, management and stewardship approaches, and possible charitable structures.
  • Work with large families to develop solutions for their real estate holdings that address a range of financial, retirement planning, tax planning, conservation and charitable objectives.

Real Estate Gift Planning

  • Develop for private property owners and their families a range of potential charitable approaches involving their real estate holdings..
  • Conduct a financial analysis of various property disposition alternatives, taking into account the tax benefits of charitable approaches.
  • Help families to evaluate the effectiveness of various potential non-profit recipients of real estate gifts.
  • Work with professional advisors and non-profit organizations to structure such real estate gift arrangements as:
    • outright gift
    • bargain sale
    • charitable remainder trust
    • charitable lead trust
    • charitable gift annuity
    • retained life estate/remainder interest
  • Manage the property disposition process.

Conservation Real Estate Transactions

  • Help private property owners to structure conservation easement donations and sales, outright sales, bargain sales, and limited development projects.
  • Combine conservation easements with real estate gift structures.
  • Conduct financial analysis of complex conservation real estate transactions.

Other real estate services for private property owners

  • Help developers of property to develop limited development, conservation-oriented, and “smart growth” solutions to development challenges.

Services for Professional Advisors

Real Estate Gift Planning

  • Provide workshops, speeches, and training for estate planning councils, planned giving groups, bar associations, etc. on topics pertaining to real estate gift options and conservation real estate transactions.
  • Assist attorneys, financial planners, CPAs in reviewing real estate options for their clients.
  • Help advisors analyze and recommend various real estate gift options for their clients.
  • Coordinate due diligence investigations, e.g. environmental assessments, title searches, appraisals, marketability analyses, etc.
  • Help advisors evaluate the merits of potential non-profit recipients of their clients’ real estate gifts.

Conservation Real Estate Transactions

  • Team with attorneys, financial advisors, and CPAs to help private property owners structure conservation easement donations and sales, outright sales, bargain sales and limited development projects.
  • Help advisors to structure conservation easements as part of real estate gift arrangements.
  • Conduct financial analysis of complex conservation real estate transactions.

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