Feb 1, 2012 12:00 PM

Family Foundations Forever or Not

When establishing a new private foundation, one of the toughest questions the founders should answer is, “Who will run the foundation after we're gone?” Perhaps because it's a difficult question, some founders decide to defer the answer — sometimes indefinitely. As a result, their foundations include generic successor provisions that satisfy state law and Internal Revenue Service requirements, but may not serve the foundation well in the long run.

The alternative to forethought is waiting until a crisis occurs and then responding to it. Unfortunately, that approach may lead to potential penalties when the surviving board member or members become ill, elderly or inattentive to their family foundation's many operating requirements. The neglect may only come to light as the children start to take over their parents' financial affairs, adding additional stress to what's often an awkward transition. Like so many difficult questions in life, the problem of a successor's control and management of a foundation is better addressed before it becomes a crisis.

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2010 Tax Act News Industry Trends Surveys

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