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Abstract: 

Poor or inadequate planning can prevent good deeds from coming to fruition. These good intentions can be affected by ambiguous terms or inadequate tax planning. This article looks at three recent matters highlighting the impact that documents can have on the fulfillment of charitable wishes—the estates of Maurice Sendak, the emiment art dealer and connoisseur Robert Elsworth, and the Emerson Foundation's management of the William H. Seward estate. Each case exemplifies a different—and costly—problem arising from failure to fully plan for the proper disposition of a charitable legacy—and contains valuable lessons for high worth individuals seeking to create a permanent legacy of good under current law.

Keywords: Estate tax benefits of charitable remainder trusts; contingent beneficiaries under a residuary charitable trust; charitable foundation oversight by state

Affiliations:  1: Horwood Marcus & Berk.