Bequeathment to charity

[bunny7]

A man died and left 2/3 of his estate to a charity org. He did not specify what part of the charity the money is to go to. Lawyer and executor probated will and after judge signed probate disbursal, they made check payable to county unit instead of National or State unit. Unit deposited check..notified main off. sent $ amount to main off as required. County unit was led to believe that at least part of the donation would be given to the county once National Lawyers took it through 501-3-C process? Five months later we find they have disbursed the funds to several other places..excluding county unit. Also found out they contacted lawyer and made him re-write a check payable to national org. instead of local unit. By verbal contract we were promised at least part of the funds. Also, instead of placing appropriations to worthwhile parts of org. many percentages have been disbursed to retirement, burial, etc...for employees. Executor disagrees with decision, local unit is mad! Everyone feels that irregardless of the mans lack of specifics....some of the funds should go to the county he lived in his whole life. Neither the executor or the local unit was contacted to voice any opinion in the expenditures.
Do we have a legal basis to contest the action....and is there a reason that may have to do with a time limit that they waited three months to let us know the appropriations had been chosen and approved? The disbursal was dated Nov. and we found out in Feb.

 

[ALawyer]

While I can't answer as to what the law is, I can tell you that the national charity is engaging in disgraceful conduct. ANd most states have a charities bureau in the attorney general's office that may be able to help.

I think the national organization may respond more to ressure from the public, other local chaptyers and the prospect of media pressure than legal threats. If the local newspaper and TV and radio stations started stories on this, they would likely change their minds as the potential of national exposure could get them in serious trouble with prospective donors. If other local chapters wrote in to support that, ditto.

I'd sure do something.

 

[advisor10]

2-16-2002

DEAR BUNNY:

Please clarify by answering a few important questions:

(1) How much money was donated, and what is the name of the charity?

(2) Exactly who was it (their job title) that specifically "led the county unit to believe" that part of the donation would be given to the county?

(3) Did anyone at the local unit of the charity object to the check being reissued to the national office, or is the local unit merely agreeing because perhaps this is what the national office wants them to do?

(4) How many people or witnesses heard the promises/verbal contract being made?

(5) Did the man who died ever discuss his wishes/intentions personally with anyone at the local charity before he died, or was the charity unaware they would be receiving the gift until after he died?

I will try to find out if there is some type of state or national organization that complaints about charities could be sent to. I do know there are a few online complaint companies that this could be done with, which might provide some type of informal resolution to this.


SINCERELY,

advisor

 

[I AM ALWAYS LIABLE]

My response:

Just a side note - -

There's no such word as "Bequeathment." The proper word is "Bequest."

IAAL

 

[bunny7]

Bunny7

1. $80,000 and Salvation Army
2. Our area director...but I might add that we believe he had been ordered to do so...he remained constant even after the disbursal letter arrived and we questioned the wording. Then, when we requested a meeting to discuss our questions and disapproval, the meeting was set, then cancelled and we received an e-mail stating he would be out of his office from Jan 24 to Feb. 18. Problem is, we talked to him and scheduled the meeting well after the Jan 24 date, so we believe the e-mail is some sort of deception, or part of a plan.
3. We did not know it had been done until last week...the executor of the estate told us as he objected to the disbursement. We did not formally object to that specific, but we have formally requested an appeal, or contest of action. However, we do not even know if there is such within the organization. The disbursement took place without our knowledge or input and we didn't find out until three months later!***We had received the check in our county units name, deposited the check, and then issued a bank draft to send the money into our main headquarters as was required...we also keep copies of everything...including the original check.
4. It occurred repeatedly over a five month period, even after the disbursal was known last week, and there were three of us that witnessed this in various conversations.....sometimes only one, sometimes two at a time.
5. We were unaware until after his death and until a lawyer contacted us. The executor (his nephew) said he never discussed it with anyone. Wording simply said to the "Salvation Army." Executor did say he BELIEVED his uncle would have wanted the money used locally because he was a lifetime resident. Apparently that is why the initial check was written to the County unit.

 

[advisor10]

2-20-2002

DEAR BUNNY7:

If I were the executor, I would send the Salvation Army a certified letter requesting that the donation be returned, since it appears they have misappropriated it, and include in your letter a vague "threat" to file a lawsuit if the money has not been returned within 1 week. That would at least get their attention to realize that your concerns must be taken seriously. When they contact you to discuss the situation, use that opportunity to tell them where you want the money applied (you should also visit the facility to find out exactly what specific programs they have set up to help homeless people or families), and in order to avoid a lawsuit, they might negotiate not returning the money in return for your suggestion on putting the money towards whatever specific programs you want to see supported.

Since this was an unrestricted gift, with no conditions attached in advance, they have the right to use the money any way they wish. This is nothing to be angry about--please face up to the reality that a charity of that size would not be able to continue operating without personnel/administrative costs. So, in effect, your relative's gift is helping to keep the facility open and operating so it can continue serving others who need help.

SINCERELY,

advisor

 

[bunny7]

Reply and thank you, from Bunny7

Thank you all for all help. The board has decided to make sure the public knows...because we feel that responsibility. Last resort, will be legal...according to boards wishes. It has been a good lesson!
****IMPORTANT: Facing something, knowing it, and accepting that it is right are different issues. I am sure this charity is not the only one that stoops to whatever means necessary to get a few dollars for their administration. I am not sure advisor understood that we are part of this organization...a local board unit...for five years! EVEN WE HAVE NO KNOWLEDGE AND INFORMATION GIVEN TO US! I had to find out on the net that they have as much income in retail sales as they do in donations. In our opinion, they can use that fund to pay retirement, burial and sick benefits...leaving the donations to go where they were intended...to help the needy. We receive no newsletters, or income sheets....NOTHING! We found out by accident two years ago a house in our area had been left via estate to the Army. Even though we asked, we never found out where that money went. AND even though there was these sizable donations from our county (and probably more we didn't find out about) We have one local paper and there was never a thank you or article about it. It doesn't take a genius to figure out that publicity would make it much harder to take the money and spend it how they want to. YES, IT IS LEGAL FOR THEM TO DO THAT IF THE DONATION IS UNSPECIFIED. We have been told our legal case would surround the area directors assurances our county would receive the money...assurances he continued to give for FOUR MONTHS.
Fact is, if they had been open to us from the beginning, I doubt, although we would still disagree with their decision, that it would ever have gotten so far as to cause the entire board to want to resign. But the underhanded way this was handled has caused the most serious problems.
We do agree that this charity does a lot of good. But the money they are absorbing, would do SO MUCH MORE! Our county is #1 in the state in poverty, unemployment and high level of population growth. We have people who we call our modern day pioneers that continue to populate our county by buying small pieces of land and pitching tents....MANY FAMILIES and they have children! We have no public transportation, yet some people have to drive 20 miles just to reach the end of the gravel road they live on! If this charity is above board and wanting to help the needy, we would certainly think that would be the #1 county in state! I am sure this sort of thing happens in every state in the USA, in SECRET so there is no publicity. We certainly know what kind of help that money could be in our county, because people here live on $5.50 to $6 per hour wages. I am sure it is true in many other counties, as well. The worst thing that one can do is to say, "Oh, well, they need a lot of money for overhead." IF THEY REALLY DO, THEN LET THEM PROVIDE FINANCIAL REPORTS AND DETAILED REPORTS...AT LEAST TO THEIR OWN WORKERS, TO PROVE WHERE THOSE FUNDS ARE GOING....ASIDE FROM A PIECE OF PAPER...WE DON'T EVEN KNOW IF THE DISBURSALS ARE REAL, NOW DO WE? IF YOU DON'T KNOW WHERE TO LOOK, BECAUSE THEY DON'T BELIEVE IT IS NECESSARY TO TELL YOU, AND YOU CAN'T SEE THE FUNDS BEING USED, THEN JUST HOW DO WE KNOW?
After this is over, we will be donating our efforts to local charities, where we can actually SEE the correct and above board results...and THAT IS WHAT WE WILL BE ADVISING OTHERS TO DO. If people want accountability and change...it has to start at home. And, one more comment:
If our president wants to allow charities to have control over public tax dollars to provide social programs, We certainly hope he makes them acessible and accountable to the public!!!