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Glossary: Estate Planning Terms and Phrases Defined

The Brighton National Addiction Foundation, a charitable hospital foundation, is a 501(c)(3) organization as classified by the Internal Revenue Service. Contributions are tax-deductible to the limits allowed by law for non-profit donations.  Organizations exempt under section 501(c)(3) are further classified as either public charities or private foundations.  The Foundation is treated as a public charity and is qualified to receive tax-deductible bequests, devises, transfers, donations and gifts.  Brighton Hospital is located in Metro Detroit, Michigan (MI).

APPRECIATED ASSETS are assets that have a higher market value than their basis or tax purpose value. Such assets would, if sold by an individual or non-charitable organization at a price higher than their basis, potentially generate a taxable capital gain (either long-term or short-term depending on the holding period).

The ATTORNEY is the person licensed by the state to practice law and assist the executor, trustee, and guardian. It is conceivable that each could hire a separate attorney, but usually one attorney represents all three.

The BASIS is the tax purpose value of the property or asset used in establishing the potential capital gain amount.

A BENEFICIARY is the person and/or organization that receive the benefits (usually assets or income) of the trust.

A BEQUEST are donations of property or assets to a beneficiary as defined in a will.

A BYPASS TRUST is set up to avoid or bypass the surviving spouse's estate, which enables each spouse to use the federal estate tax exemption.

A CHARITABLE LEAD TRUST is almost the opposite of a charitable remainder trust. During the term or life of the charitable lead trust, an annuity or unitrust income interest is distributed each year to the designated charitable beneficiary and the assets are eventually transferred to the trustor's or grantor's designated non-charitable beneficiary(ies).

A CHARITABLE REMAINDER ANNUITY TRUST is a trust which is set up to pay a return or fixed annual percentage of 5 percent (or more) of the net fair market value of the assets placed in the trust. The trust assets are valued initially, at the time the property is placed in the trust. The trust assets are never revalued.

A CHARITABLE REMAINDER UNITRUST is a trust which is set up to pay a return or fixed annual percentage of 5 percent (or more) of the net fair market value of the assets placed in the trust. The trust assets are revalued annually.

A CODICIL is a written change or amendment made to a will.

The EXECUTOR is the person or institution named in a person's will who carries out the terms of the will.

The GUARDIAN is the person who is appointed by the Court to care for the person and/or estate of a minor child or incompetent person. One can nominate a guardian in a will, and though normally the court will honor that nomination, the Court has the right to agree or disagree.

JOINT TENANCY is a type of ownership where any two or more persons, related or not, may hold (own) property and the property passes to the survivor or survivors on the death of one. This passing is not automatic, as some think, and the procedure for passing will depend on local law. But, this form of ownership does have the advantage of allowing property to pass to the survivor without delays of probate and court administration costs.

A LIFE INSURANCE TRUST is usually set up for the purpose of excluding the proceeds of life insurance from the insured's and the spouse of the insured's estate for death tax purposes. It is an irrevocable trust.

A LIVING TRUST is a trust set up to operate during the life (and can operate after the death) of the one setting up the trust. It can be revocable, or, in other words, you can change your mind and have some or all of the trust property returned to you during your life. An irrevocable trust cannot be changed except in certain legal circumstances (fraud, unlawful agreements, merger of interests, decision of the Court). See Living Trust - Advantages/Disadvantages.

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POOLED INCOME FUND - also called a Charitable Remainder Pooled Income Fund- is an investment fund much like a mutual fund. It is made up of transfers by many persons to the fund who receive life income interest in exchange for their transfers, based on the value of the transfer into the fund and based on the income earned by the fund.

PROBATE is the legal process of proving a will, appointing an executor, and settling an estate; but by custom, it has come to be understood as the legal process whereby a dead person's estate is administered and distributed.

A QUALIFIED TERMINABLE INTEREST PROPERTY TRUST (QTIP) is a trust often set up to avoid transfer tax on the first spouse's death. The deceased spouse establishes the ultimate disposition of the property, rather than the surviving spouse including the property in their estate. During their lifetime, the surviving spouse receives all income from the principal and, in some cases, has access to the principal.

A RETAINED LIFE ESTATE is a gift plan defined by federal tax law allowing for donations of a personal residence (to include a vacation home) or farm with the donor retaining the right to life enjoyment. A life estate may be retained for one or more lives or it may be retained for a term of years. All routine expenses - maintenance fees, property taxes, repairs, etc. - are the responsibility of the donor. The donor receives an income tax deduction for a significant portion of the value of the contributed property (the property is irrevocably deeded to the charity) and estate tax benefits.

TENANTS IN COMMON is a property ownership arrangement in which two or more persons own property jointly. It is not necessary that the ownership consist of equal shares or percentages of the property. Generally there is no right of survivorship when a co-owner dies. The share of the property belonging to the deceased co-owner passes to his or her heirs and the shares of the remaining original co-owners do not change.

TESTAMENTARY TRUST - A will can have a trust written into it, called a Testamentary Trust, which is set into motion by the Court after the will reaches a certain point of execution, and is used only after the death of the person whose estate it represents.

A TRUST is defined as any arrangement where property is to be held and administered by a trustee for the benefit of those for whom the trust was created. Depending on the type and how it is established, a trust may be revocable (changeable) or irrevocable (not changeable).

The TRUSTEE is the person or institution named by a person making the trust, or appointed by the court, to carry out the terms of the trust. Assuming a trust has been set up through a will, when the executor's job is finished, the trustee's job begins.

A TRUSTOR is the individual who establishes the trust. Also referred to as the GRANTOR and/or SETTLOR.

UNIFIED CREDIT - A federal tax credit that offsets gift tax and estate tax liability. For gift tax purposes, the unified credit remains at $345,800 through 2009, which is equivalent to an applicable exclusion amount of $1 million. For estate tax purposes, the unified credit is being gradually increased from $345,800 in 2003 to $1,455,800 in 2009, which is equivalent to an applicable exclusion amount of $1 million in 2003 to $3.5 million in 2009.

A WILL is the legal expression or declaration of a person's mind or wishes as to the disposition of the person's property, to be performed or take effect after the person's death.

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How can including our charitable organization in your estate planning activities help in the fight against addiction?

The Brighton National Addiction Foundation seeks your philanthropic donations and support in its fight against all forms of substance abuse.  Dedicated to the mission of Brighton Hospital, a charitable hospital for the treatment of substance abuse and other forms of addiction, the Foundation offers ways for individuals, corporations and grant makers to invest in our national leadership through a charitable fund, property donations, or other gifts and philanthropic support.  Donations to the Foundation provides us with the income needed to continue as leading source of hope through prevention, patient care, aftercare, education and research. By planning and establishing a charitable fund for the Brighton National Addiction Foundation, you can play a pivotal role in the fight against chemical dependency.  There are many philanthropic opportunities available for you to be part of the solution.

It is with great pleasure that Brighton Hospital welcomes the philanthropic leadership of the Brighton National Addiction Foundation.

 

Board of Trustees

Mr. Joseph Nuyen, Chairman                        Mr. Richard L. Kramer, President
Nuyen, Tomtishen and Aoun, P.C.                 Brighton National Addiction Foundation

Ms. Susan M. Karr                                          Mr. William Kuhn, Treasurer
Transitions West                                             Oppenheimer Funds

Mr. Earl LaFave                                              Ms. Mary Lyneis
Beck Companies                                            LoPrete and Lyneis

Mr. Jeffrey Mark                                            Ms. Anita Penta
Weight Watchers                                            Perri Family Foundation

"Brighton Hospital has had strong relationships with families throughout the United States and Canada for many years", comments Richard Kramer, President of the Brighton National Addiction Foundation.  "These relationships, built on the importance of effective 12 step recovery programs and innovative treatments of these chronic diseases, are vital to the continual success of the hospital."

 

Supporting the Brighton National Addiction Foundation with a charitable fund, property donations, or other gifts will help us:
  • Build and expand health care facilities.  Our campus exceeds 90 acres including Lake Serenity, wooded areas, and historic structures.  Treatment facilities and property all need updating and restoration to keep pace with hospital innovations and expansion.

 

  • Help patients who need added days of rehabilitation.  In the world of alcohol and substance abuse, detoxification, and rehabilitation, research has shown a clear correlation between the length of stay in a rehabilitation center and the long-term success of the patient’s recovery.  Insurance carriers, however, do not reimburse behavioral health and rehabilitation from substance abuse as generously as they cover a patient’s medical and surgical needs.  The Patient Extended Care fund provides for this gap.

 

  • Provide continuing education opportunities for our drug and alcohol treatment staff.  Inaugurated in 2006, the Brighton Hospital Addiction Fellowship is America’s first clinically based addiction fellowship program.  It increases the quality and quantity of medical staff and supports the vision of the hospital as a national center of excellence and an innovator in alcohol and drug treatment and education.

 

  • Help collaborative research programs with leading medical and nursing schools.  Funds are needed to sponsor research programs while they develop the resources needed to apply for extramural grants from government agencies and foundations.

 

  • Provide scholarships for our youth drug and alcohol treatment services.  Through regional partnership, the Teen Drug Rehab Program enables more teens, ages 13-17, and their families to get the help they desperately need.  Scholarships provide assessment, intensive outpatient treatment for three months and aftercare.

 

  • Fund and continue a variety of other programs, such as our clergy recovery series, our 30-day residential treatment series, our halfway house expansions, the restoration of our 1939 chapel, and the relocation and expansion of the gift shop and bookstore, all which keep our hospital a leader in drug and alcohol treatment, and the rehabilitation center of choice over other highly regarded chemical dependency hospitals.

 

 

Our Philanthropic partners are people like you who have enriched their own lives while supporting others being helped by our charitable hospital.  There are a variety of ways that you can both provide for your own financial security and offer us valuable support by including the Brighton National Addiction Foundation in your estate planning activities. In addition, the emotional rewards, which can only be described by those who have felt them, make supporting us a life-changing experience.

Thank you so much for your interest in the Brighton National Addiction Foundation and considering our philanthropic mission in your donation planning.  For more information on our charitable foundation or planning donations through wills and bequests, real estate, retirement assets, charitable lead trusts, appreciated stock, charitable remainder trusts and life insurance, contact foundation@brightonhospital.org.  With your gifts, donations and charitable fund income, we will build upon this lead for the sake of all who look to us for caring, compassion and clinical excellence in the face of addiction, a life-threatening, chronic disease.

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BRIGHTON HOSPITAL 12851 Grand River Rd.
Brighton, MI 48116
Located in Metro Detroit, Michigan

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