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Estate Planning & Giving Terms

Estate planning terms cover what happens to what you own — the documents (wills, trusts, powers of attorney), the processes (probate, beneficiary designations), and the taxes that can apply when wealth transfers during life or at death. Charitable giving vocabulary lives here too, since giving is often part of the same plan.

This is vocabulary most people encounter at stressful moments, often for the first time. Knowing the words in advance (what an executor actually does, why beneficiary forms override wills) is one of the cheapest ways to prevent expensive, irreversible mistakes.

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Essential estate planning & giving terms

All estate planning & giving terms, A–Z

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  • Carryover Basis Coming soon

    Carryover basis means the recipient of a gift takes over the giver's original tax basis, so the built-in gain follows the asset — unlike inherited assets, which generally get a stepped-up basis at death.

  • Charitable Bequest Coming soon

    A charitable bequest is a gift to a charity made through your will or estate plan.

  • Charitable Contribution Deduction Coming soon

    The charitable contribution deduction lets taxpayers deduct donations of money or property to qualified charities, subject to income-based limits and recordkeeping rules.

  • Charitable Deduction Limits Coming soon

    Charitable deduction limits are the IRS caps on how much of your income you can deduct for donations in a single year, which depend on the type of gift and the type of charity.

  • Charitable Gift Annuity Coming soon

    A charitable gift annuity is an arrangement in which you give assets to a charity in exchange for fixed payments for the rest of your life, with whatever remains going to the charity.

  • Charitable Giving Coming soon

    Charitable giving strategies are planned ways to donate money or assets that increase the impact of a gift while managing its tax effects.

  • Charitable Lead Trust Coming soon

    A charitable lead trust pays income to a charity for a set period, then passes the remaining assets to your heirs, often reducing gift or estate taxes.

  • Charitable Pledge Coming soon

    A promise to give a set amount to a charity, sometimes over several years, which may be legally binding depending on how it is made.

  • Charitable Remainder Trust Coming soon

    A charitable remainder trust pays income to you or other beneficiaries for a period of time, then gives whatever remains to a designated charity.

  • Charitable Stacking Coming soon

    A tax strategy of concentrating several years of charitable giving into a single year, often to clear the standard deduction and itemize.

  • Charity Evaluation Coming soon

    Charity evaluation is the process of researching a nonprofit's finances, transparency, and results before deciding to donate.

  • Charity Navigator Coming soon

    Charity Navigator is an independent organization that rates nonprofits on their finances, accountability, and transparency to help donors give wisely.

  • Charity Scam Coming soon

    A charity scam is a fraud in which someone poses as a charitable cause to collect donations that never reach any genuine beneficiary, often spiking after disasters or during the holidays.

  • Codicil Coming soon

    A codicil is a legal document that amends an existing will without replacing it entirely.

  • Cohabitation Agreement Coming soon

    A cohabitation agreement is a written contract between unmarried partners living together setting out how property, income and expenses are handled, and what happens to them if the relationship ends.

  • Community Property

    Community property is a marital property system, in force in nine states, under which most income and assets acquired during a marriage belong equally to both spouses by operation of law rather than according to whose name is on the account. Its most valuable federal consequence is that both halves of community property receive a new basis when the first spouse dies.

  • Community Property Trust Coming soon

    A trust some states let married couples use so assets count as community property, which can deliver a favorable tax basis step-up at the first spouse's death.

  • Conservatorship Coming soon

    A conservatorship is a court-appointed arrangement giving one person authority to manage the finances of an adult who is unable to do so themselves.

  • Contingent Beneficiary Coming soon

    A contingent beneficiary is the backup recipient who inherits an account or insurance payout if the primary beneficiary has died or cannot accept it.

  • Corporate Trustee Coming soon

    A bank or trust company that serves as trustee, administering a trust professionally rather than relying on an individual.

  • Crowdfunding Donations Coming soon

    Crowdfunding donations are contributions raised from many people online, often through platforms like GoFundMe, to support a person or cause.

  • Crummey Letter Coming soon

    A written notice to a trust beneficiary granting a temporary right to withdraw a gift, which lets that gift qualify for the annual gift-tax exclusion.

  • Crummey Power Coming soon

    A Crummey power gives a trust beneficiary a short window to withdraw a gift, which qualifies the gift for the annual gift-tax exclusion.

  • Crypto Estate Planning Coming soon

    Crypto estate planning is arranging for your cryptocurrency to be found and transferred to your heirs after death, since assets with lost private keys can become permanently inaccessible.

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  • Family Limited Partnership Coming soon

    A partnership family members use to hold assets together, which can aid succession and may support valuation discounts for gift and estate tax.

  • Fiduciary Income Tax Return Coming soon

    Form 1041 is the federal income tax return that an estate or trust files to report income it earns while being settled or managed.

  • Final Expense Insurance Coming soon

    Final expense insurance is a small whole life policy meant to cover funeral and burial costs and other end-of-life bills.

  • Financial First Aid Kit Coming soon

    A financial emergency binder, or financial first aid kit, is an organized collection of your key financial and legal documents and account details so you or your family can find everything quickly in a crisis.

  • Financial Power of Attorney Coming soon

    A financial power of attorney is a legal document that names someone to manage your money and financial affairs if you become unable to do so yourself.

  • Fiscal Sponsorship Coming soon

    An arrangement where an established nonprofit lets a project operate under its tax-exempt status, so donations to it qualify as tax-deductible.

  • Form 709 Coming soon

    Form 709 is the federal gift tax return a donor files to report gifts above the annual exclusion, elect gift splitting with a spouse, or allocate generation-skipping transfer tax exemption.

  • Form 8283 Coming soon

    Form 8283 is the IRS form used to report noncash charitable donations once their value passes a set threshold.

  • Funeral Costs Coming soon

    Funeral costs are the expenses of a burial or cremation, including the service, casket or urn, and cemetery or crematory fees.

  • Funeral Trust Coming soon

    An arrangement that sets money aside in advance to cover a person's funeral and burial costs.

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  • Healthcare Power of Attorney Coming soon

    A healthcare power of attorney names someone to make medical decisions on your behalf if you cannot make them yourself.

  • Healthcare Proxy Coming soon

    A healthcare proxy is the person you appoint to make medical decisions for you when you are unable to, another name for a healthcare agent.

  • Heir Coming soon

    An heir is a person legally entitled to inherit from someone who dies, typically a close relative when there is no will.

  • HIPAA Authorization Coming soon

    A HIPAA authorization is a signed form that lets named individuals access your protected medical information, important for anyone helping manage your care.

  • Holographic Will Coming soon

    A holographic will is a will written entirely by hand and signed by the person, which some states accept even without witnesses.

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  • Joint Tenancy Coming soon

    Joint tenancy is a way for two or more people to own property together with equal shares and a right of survivorship, meaning a deceased owner's share passes automatically to the survivors.

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  • Lady Bird Deed Coming soon

    A lady bird deed lets you keep control of your home during your life, including the right to sell it, while naming who inherits it automatically at death without probate.

  • Legacy Gift Coming soon

    A legacy gift is a charitable donation arranged as part of your estate plan to support a cause after your lifetime.

  • Legacy Planning Coming soon

    Legacy planning is the broader effort to pass on not just wealth but also values, wishes, and support to future generations and causes you care about.

  • Letter of Intent Coming soon

    A letter of intent is an informal document that guides your executor or a caregiver, sharing wishes and details that a will or trust does not cover.

  • Life Estate Coming soon

    A life estate gives someone the right to use a property for the rest of their life, after which it passes automatically to another named person.

  • Life Insurance Beneficiary Coming soon

    A life insurance beneficiary is the person or entity you name to receive the policy's death benefit when you die.

  • Lifetime Gift and Estate Tax Exemption Coming soon

    The lifetime gift and estate tax exemption is the total amount a person can transfer during life and at death before federal gift or estate tax applies — gifts above the annual exclusion gradually use it up.

  • Living Will Coming soon

    A living will is a document that states your wishes for medical treatment and life support if you become terminally ill or unable to communicate.

  • Lump-Sum Death Benefit Coming soon

    The lump-sum death benefit is a small one-time payment Social Security makes to a surviving spouse or dependent child after a worker who paid into the system dies.

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  • Marital Property Coming soon

    Marital property is the assets and debts a couple acquires during their marriage, which are generally divided between them if they divorce.

  • Marital Trust Coming soon

    A marital trust holds assets for a surviving spouse, deferring estate tax until the second spouse dies.

  • Medicaid Look-Back Period Coming soon

    The Medicaid look-back period is the stretch of time before applying for long-term care Medicaid during which asset transfers are reviewed and can delay eligibility.

  • Medicaid Spend-Down Coming soon

    A Medicaid spend-down is the process of reducing income or assets, often by paying medical bills, to become eligible for Medicaid.

  • Microfinance Coming soon

    The practice of providing small loans and other financial services to low-income people or small businesses that lack access to traditional banking.

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  • No-Contest Clause Coming soon

    A no-contest clause is a provision in a will or trust that discourages beneficiaries from challenging it by threatening to reduce or eliminate their share if they do.

  • Noncash Charitable Contributions Coming soon

    Noncash charitable contributions are donations of property rather than money, such as clothing, a car, or shares of stock.

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  • Tax-Deductible Donation Coming soon

    A tax-deductible donation is a gift to a qualified charity that you can subtract from your taxable income if you itemize your deductions.

  • Tenancy by the Entirety Coming soon

    Tenancy by the entirety is a form of joint property ownership available only to married couples in some states, treating them as a single owner and offering protection from one spouse's individual creditors.

  • Tenancy in Common Coming soon

    Tenancy in common is shared property ownership where each owner holds a distinct share that can be unequal, and each share can be sold or passed to heirs independently.

  • Testamentary Capacity Coming soon

    Testamentary capacity is the mental ability the law requires a person to have to make a valid will, including understanding their property and heirs.

  • Testamentary Trust Coming soon

    A testamentary trust is a trust created through instructions in a will, taking effect only after the person dies.

  • Tithing Coming soon

    Tithing is the practice of giving a set share of your income, traditionally one-tenth, to a religious organization.

  • Transfer on Death Coming soon

    Transfer on death is a designation that lets an account pass directly to a named beneficiary when you die, avoiding probate.

  • Transfer on Death Deed Coming soon

    A transfer on death deed lets you name who will inherit your real estate when you die, passing the property outside of probate.

  • Trust

    A trust is a legal relationship in which one party holds legal title to property and is bound to manage it for the benefit of another. It is not an entity you own but an arrangement you create, and it controls only the property actually transferred into it, which is the step most often left undone.

  • Trust Distribution Standards Coming soon

    A common trust distribution guideline limiting payouts to a beneficiary's health, education, maintenance, and support, which helps control spending and can carry tax benefits.

  • Trust Funding Coming soon

    Trust funding is the step of actually retitling your assets into the name of your trust, without which the trust controls nothing.

  • Trust Income Taxation Coming soon

    The rules governing how income earned inside a trust is taxed, either to the trust itself or to the beneficiaries who receive distributions.

  • Trust Protector Coming soon

    A trust protector is a third party given limited powers to oversee a trust and make certain changes, adding flexibility to an otherwise rigid arrangement.

  • Trust Situs Coming soon

    The legal home, or governing jurisdiction, of a trust, which drives the state laws and taxes that apply to it.

  • Trustee Coming soon

    A trustee is the person or institution that manages the assets in a trust and is legally obligated to act in the beneficiaries' best interest.

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  • Undue Influence Coming soon

    Undue influence is improper pressure that overrides a person's free will, sometimes used to invalidate a will or gift obtained through manipulation.

  • Unlimited Marital Deduction Coming soon

    The unlimited marital deduction lets one spouse transfer any amount of assets to the other, during life or at death, free of federal gift and estate tax, as long as the recipient is a U.S. citizen.

  • Unmarried Couples Finances Coming soon

    Unmarried couples finances covers the extra planning partners without marriage need — like titling property, naming beneficiaries, and legal documents — because they lack the automatic protections marriage provides.

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  • Valuation Discount Coming soon

    A reduction in an asset's appraised value for gift or estate tax purposes — often on a family-business stake — reflecting limits like lack of control or marketability.

  • Volunteer Expenses Coming soon

    A volunteer expense deduction lets you write off certain out-of-pocket costs of volunteering for a qualified charity, such as mileage or supplies, if you itemize.

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