Erik Dryburgh is a principal in the law firm of Adler & Colvin, a law firm specializing in representing nonprofit organizations and their donors. He has an undergraduate business degree from the University of Wisconsin at Madison, and earned his J.D. at the University of California at Berkeley, Boalt Hall. He is also a Certified Public Accountant (inactive). Erik's areas of expertise include charitable gift planning, not-for-profit organizations, donor-advised funds and endowments.
Erik has authored the chapter "Charitable Remainder Trusts," in California Estate Planning, Continuing Education of the Bar (2002) and published numerous articles on charitable gift planning.
Erik is the Chair of the Charitable Planning and Exempt Organizations Committee of the American College of Trust and Estate Counsel (ACTEC), and a member of the American Bar Association's Real Property, Trust and Estate Section. He is a past Board member of the Partnership for Philanthropic Planning (formerly NCPG), the San Francisco Estate Planning Council, and the Northern California Planned Giving Council. Erik received the 2005 Phil Hoffmire Service Award from the Northern California Planned Giving Council.
Diving into Endowments: UPMIFA and More
The law of endowments has changed dramatically, just in time for our new "down" market. This article focuses on the law of endowments, the new accounting rules, and the challenges facing charities in determining their endowment spending rates. This also reviews a few "new" ideas for donors reluctant to give to the traditional endowment.
Donor Restrictions: What Will They Think of Next?
Donors constantly attempt to restrict their gifts. This article addresses the issues created when donors place such restrictions. It begins with a review of the various types of restrictions donors desire, including purpose, spending, and investment; analyzing the tax issues caused by donor restrictions; and shows why some restrictions can render a gift non-deductible. Restrictive purpose clauses and the review of a charity's options with an unworkable gift are discussed. Finally, the article focuses on spending restrictions or endowments: how to create an endowment, what spending limitations apply, and how a charity can build a "better" endowment.
Exit Strategies: If You Can't Get Out, Should You Get In?
This article discusses an often‐neglected aspect of charitable giving: how charitable organizations can dispose of charitable gifts. All gifts need an exit strategy. Sometimes the strategy is simple: sell the marketable security. Sometimes, there is no exit strategy—consider a charity that accepts toxic land. Most gifts fall somewhere in between, with multiple potential exit strategies that should be considered before the gift is accepted.