[Caption. See § 3 of the Introduction in this manual.]
Application to Make Charitable Gifts
[Name of applicant], Applicant, guardian of the estate of [name of ward], Ward, an incapacitated person, files this Application to Make Charitable Gifts under section 1162.051 of the Texas Estates Code and shows in support:
1.Applicant’s annual account is presently on file with this Court. Ward’s estate presently consists of property with a total value of approximately $[amount]. Ward’s income for [year] was approximately $[amount], and [his/her] expenses totaled approximately $[amount]. [Include if value of personal property is significant: Ward’s personal property consists of [describe property] valued at $[amount].]
2.Applicant anticipates increased income and decreased expenses from Ward’s estate during the upcoming accounting period. As a result, Ward’s net income for the current year exceeds $25,000 and may cause the accrual of a substantial income tax liability. Applicant believes that it is in the best interests of Ward and Ward’s estate to make certain charitable gifts of [specify] from Ward’s estate. The full amount of the contribution should be deductible and should not exceed 20 percent of the net income of Ward’s estate for the current calendar year. The condition of Ward’s estate justifies the contribution.
3.Specifically, the assets that Applicant believes would be advantageous to give to charity include the items listed on Exhibit [exhibit number/letter] attached to this application.
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If property is to be given, include the following statement. |
Applicant estimates that the total fair market value of this property is between $[amount] and $[amount]. In connection with the making of the proposed gifts, Applicant would obtain a statement for use in tax reporting of the fair market value of the property from the [charity/charities] to which the gift was made.
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Continue with the following. |
4.Applicant believes that a tax benefit will be derived from the proposed charitable gifts, the proposed contribution is reasonable in amount, and the [charity is/charities are] worthy.
5.Applicant proposes to make the charitable gifts to [list proposed designee[s] and specify location of each], which [is a charity/are charities] previously benefitted by Ward.
Applicant requests the authority of this Court to make the charitable gifts described above and all further relief to which Applicant may be entitled.
Respectfully submitted,
[Name]
Attorney for Applicant
State Bar No.:
[Email address]
[Address]
[Telephone]
[Telecopier]
VERIFICATION
State of Texas)
COUNTY OF [county] )
BEFORE ME, the undersigned notary public, on this day personally appeared [name], who being by me duly sworn on [his/her] oath deposed and said that [he/she] has read the above and foregoing [title of document] [and exhibits] and that the matters contained therein are within [his/her] personal knowledge and are true and correct.
SWORN TO AND SUBSCRIBED BEFORE ME on ______________________________.
Notary Public, State of Texas
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Attach exhibit(s). |