02 For estate planning attorneys

Where a charitable remainder trust fits in an estate plan.

A CRT as a deliberate estate-planning move rather than a reaction to a pending sale - and how we handle the tax and charitable trust math alongside you.

For estate planning attorneys · 6 min read

Financial planners usually bring us a CRT from a "hot asset" angle - a concentrated position or a sale already on the horizon, where timing drives the whole conversation. Estate planning attorneys tend to come at it differently. You're usually building or revisiting the whole plan, and a CRT surfaces as one structural option among several. There's still a large, appreciated asset in the picture, but there isn't the same ticking clock. That changes the pace, and it changes what the client is really after.

The economic engine is the same no matter who spots it: a large built-in gain that would otherwise be taxed on sale. When the asset is contributed to the trust and sold inside it, there's no immediate tax on that gain, so the full pre-tax value stays invested and working. That's what makes the numbers move. But in an estate plan, the appeal is usually broader than avoiding one tax bill.

What tends to drive it in an estate plan

The motivations skew toward planning rather than a single transaction:

  • Moving an appreciated asset out of the taxable estate while keeping an income stream for the client, and often a spouse - and in some cases children or grandchildren - for life or a set term.
  • A remainder that funds the charity or donor-advised fund the client already cares about, folded into the larger giving plan.
  • Coordinating with the rest of the structure - the revocable trust, lifetime gifting, the overall wealth-transfer strategy - so the CRT is one deliberate piece rather than a bolt-on.

The slower pace is a feature - to a point

Because there's no imminent sale, you have room to do it deliberately: model the payout rate, choose between a CRUT and a CRAT, run the remainder test, and fit the whole thing to the larger plan. That's how good estate planning works anyway. One caution worth flagging early: if a sale ever does become concrete, the timing rules tighten quickly - the asset has to be in the trust before a sale is effectively pre-arranged. So even when a sale is years away, it's worth putting a CRT on the table early rather than discovering the window has closed.

CRUT or CRAT

A quick plain-English distinction, since it usually comes up: a CRUT is revalued each year, so payments float with the trust's value - it suits an asset expected to grow and a client who wants flexibility. A CRAT pays a fixed dollar amount, which suits a client who wants certainty. We can model both against the client's real numbers so the choice is made on the math, not a hunch.

The testamentary IRA-funded CRT

One estate-planning move worth knowing: naming a CRT as the beneficiary of a traditional IRA at death. Since the SECURE Act, most non-spouse heirs have to drain an inherited IRA within ten years, which can bunch a lot of taxable income into a few high-bracket years. Point that IRA at a CRT instead and the account pours in at death without an immediate tax hit, then pays the heirs an income stream over their lives or a set term - stretching what the ten-year rule would have compressed - with the remainder going to charity at the end. It fits a client with a large IRA, some charitable leaning, and heirs who don't need the money in a lump sum. Because it's set up in the plan and takes effect at death, it suits the deliberate pace estate planning runs on. We'll model it against simply leaving the IRA outright so you can see whether it actually pencils out for this client.

You draft the instrument and own the plan. We handle the tax and charitable trust math, coordinate with you and the client's other advisors, and stay in our lane.

Here's how we work: you draft the instrument and keep the client relationship and the broader plan. We handle the tax and charitable trust taxation piece - feasibility, payout modeling, the remainder calculation, and the ongoing filings if you'd like us to carry them - and coordinate with you and whoever else is at the table. We're small and focused on purpose. We often end up "quarterbacking" this one technical corner because it's what we do all day, but the plan stays yours and the client stays yours.

And we'll be straight about fit. Sometimes the better answer is a charitable lead trust, a donor-advised fund, or nothing charitable at all. We'd rather tell you that early than force a CRT where it doesn't belong.

We almost always bring visuals to these conversations - the money flow and the economics on a single page - so you and the client can see the tradeoffs in an easily and quickly understandable format instead of reading a memo.

Working through an estate plan where a CRT might fit? We're glad to talk it over.

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