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Biography

Winton Smith is a planned giving consultant with comprehensive services to charitable organizations whose goal is either to initiate or in some cases to improve their planned giving program to provide the best possible service to people who believe in their organization and who want to help them accomplish their important charitable mission. Planned giving services include the design and also the implementation of a comprehensive planned giving program, comprehensive charitable gift planning training for major gift and planned giving professionals, charitable gift planning visits with capital campaign prospects and other donors who are interesting in planning their charitable gifts to provide the best possible plan both for the people they love and also for their charitable interests. Planned giving services also include charitable gift planning seminars for donors and also for professional advisors, and also estate planning seminars for donors and for professional advisors.

Commentary

Court Enforcement of Restricted Gifts

Friday, October 24, 2008

The courts have been flooded with litigation involving donors who are attempting to enforce charitable gift restrictions, leading them to impose new rules and new enforcement remedies on charitable organizations. The opinion issued March 6, 2008, in the case involving Fisk University and the Georgia O'Keeffe Foundation, illustrates the issues. This article teaches both for-profit and nonprofit gift planners the new rules that govern restricted gifts. The gift planner learns how to help people structure restricted gifts, strategies that avoid litigation, and the strategies that prevail in litigation if this is the unfortunate result.