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Sample Bequest Language

Please always include the following identifying information in your bequest: 

Pathways Home Health and Hospice
585 North Mary Avenue, Sunnyvale, CA 94085
IRS Tax Identification: #94-2823240

To make your legacy gift to Pathways Home Health and Hospice, you can direct your attorney to prepare a codicil for your existing will or an amendment for your existing trust. It is usually not necessary to revise the entire document. 

Your attorney may find the following language helpful in facilitating your legacy gift. 

Unrestricted Gift
"I hereby give, devise, and bequeath to Pathways Home Health and Hospice, a charitable corporation organized and existing under the laws of the State of California, the sum of $_____ (or "a stated percentage" or "a fraction of my residuary estate" or "the following described property" or "the residue of my estate") to be used for the general purpose of Pathways Home Health and Hospice." 

Pathways Home Health and Hospice strongly encourages donors to make unrestricted bequests. Such gifts will enable Pathways to maintain flexibility in responding to changing healthcare needs and priorities. 

Restricted Gift
"I hereby give, devise, and bequeath to Pathways Home Health and Hospice, a charitable corporation organized and existing under the laws of the State of California, the sum of $_____ (or "a stated percentage" or "a fraction of my residuary estate" or "the following described property" or "the residue of my Estate") to be used for the following purpose: ___________________. 

"If at any future time, in the judgment of the Board of Directors of Pathways Home Health and Hospice, it is impractical or impossible to carry out this purpose, they may expend the principal and income for whatever purpose they deem appropriate, provided that any commemorative aspect of this gift remains intact." 

"For investment purposes, the principal and income may be commingled with other assets of Pathways. The gift may bear its proportionate share of expenses allocated by the directors against invested assets of Pathways." 

A restricted bequest should ordinarily be framed in the broadest possible terms, consistent with donor interests, to ensure that the gift will be applicable to future situations. Some examples of restricted designations that would allow for such flexibility are the following: "for patient care" or "for care of indigent patients" or "for equipment as needed." 

Contingent Bequest
"If the above named beneficiaries should predecease me, then I here give, devise, and bequeath the same to Pathways Home Health and Hospice, a charitable corporation organized and existing under the laws of the State of California, to be used for the general purposes of Pathways Home Health and Hospice."

For more information on making a planned gift to Pathways, call 408.730.1200 or email foundation@CommonSpiritHealthathome.org.

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Information contained herein was accurate at the time of posting. The information on this website is not intended as legal or tax advice. For such advice, please consult an attorney or tax advisor. Figures cited in any examples are for illustrative purposes only. References to tax rates include federal taxes only and are subject to change. State law may further impact your individual results. California residents: Annuities are subject to regulation by the State of California. Payments under such agreements, however, are not protected or otherwise guaranteed by any government agency or the California Life and Health Insurance Guarantee Association. Oklahoma residents: A charitable gift annuity is not regulated by the Oklahoma Insurance Department and is not protected by a guaranty association affiliated with the Oklahoma Insurance Department. South Dakota residents: Charitable gift annuities are not regulated by and are not under the jurisdiction of the South Dakota Division of Insurance.

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A charitable bequest is one or two sentences in your will or living trust that leave to Pathways Home Health and Hospice a specific item, an amount of money, a gift contingent upon certain events or a percentage of your estate.

an individual or organization designated to receive benefits or funds under a will or other contract, such as an insurance policy, trust or retirement plan

"I give to Pathways Home Health and Hospice, a nonprofit corporation currently located at 585 North Mary Avenue, Sunnyvale, CA 94085, or its successor thereto, ______________ [written amount or percentage of the estate or description of property] for its unrestricted use and purpose."

able to be changed or cancelled

A revocable living trust is set up during your lifetime and can be revoked at any time before death. They allow assets held in the trust to pass directly to beneficiaries without probate court proceedings and can also reduce federal estate taxes.

cannot be changed or cancelled

tax on gifts generally paid by the person making the gift rather than the recipient

the original value of an asset, such as stock, before its appreciation or depreciation

the growth in value of an asset like stock or real estate since the original purchase

the price a willing buyer and willing seller can agree on

The person receiving the gift annuity payments.

the part of an estate left after debts, taxes and specific bequests have been paid

a written and properly witnessed legal change to a will

the person named in a will to manage the estate, collect the property, pay any debt, and distribute property according to the will

A donor advised fund is an account that you set up but which is managed by a nonprofit organization. You contribute to the account, which grows tax-free. You can recommend how much (and how often) you want to distribute money from that fund to Pathways or other charities. You cannot direct the gifts.

An endowed gift can create a new endowment or add to an existing endowment. The principal of the endowment is invested and a portion of the principal’s earnings are used each year to support our mission.

Tax on the growth in value of an asset—such as real estate or stock—since its original purchase.

Securities, real estate or any other property having a fair market value greater than its original purchase price.

Real estate can be a personal residence, vacation home, timeshare property, farm, commercial property or undeveloped land.

A charitable remainder trust provides you or other named individuals income each year for life or a period not exceeding 20 years from assets you give to the trust you create.

You give assets to a trust that pays our organization set payments for a number of years, which you choose. The longer the length of time, the better the potential tax savings to you. When the term is up, the remaining trust assets go to you, your family or other beneficiaries you select. This is an excellent way to transfer property to family members at a minimal cost.

You fund this type of trust with cash or appreciated assets—and may qualify for a federal income tax charitable deduction when you itemize. You can also make additional gifts; each one also qualifies for a tax deduction. The trust pays you, each year, a variable amount based on a fixed percentage of the fair market value of the trust assets. When the trust terminates, the remaining principal goes to Pathways as a lump sum.

You fund this trust with cash or appreciated assets—and may qualify for a federal income tax charitable deduction when you itemize. Each year the trust pays you or another named individual the same dollar amount you choose at the start. When the trust terminates, the remaining principal goes to Pathways as a lump sum.

A beneficiary designation clearly identifies how specific assets will be distributed after your death.

A charitable gift annuity involves a simple contract between you and Pathways where you agree to make a gift to Pathways and we, in return, agree to pay you (and someone else, if you choose) a fixed amount each year for the rest of your life.
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