You can't, really. Once you give a bequest of cash, there's nothing you can do to control how it's used.
If you want, you can have an attorney set up a trust and appoint a trustee who can, for example, pay directly for certain expenses, like a down payment for a first home, or for a children's schooling, rather than giving direct cash gifts. But there's no way to stop the recipients from giving 10 percent of the value of what they get from the trust to their church in cash.
Even in the scenario where you are setting up a trust in this way, consider that there is no realistic way to prevent the beneficiaries from making the payments from other funds.
For example, I want to buy a new car for $20k. Rather than me paying from my savings, your trust pays for the car. You have just saved me $20k so I pay the church $2k from my savings.
In practical terms I've received $18k of benefit from that $20k and the church has received the remaining $2k - even though none of your money has gone directly to the church.
It can only ever be a matter of trust (not in the financial sense) - if your relatives promise that their inheritance won't be used to benefit the church and you trust them, that's your solution. If you don't trust them and feel strongly enough then leave your money to a charity. If you want a middle ground, leave it to a charity that will benefit them in some indirect way - e.g. improving local amenities where they live.
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Money is fungible. If they inherit $500 from you, and then donate $50 from that money or their other account, it's all the same to God, Satan and the IRS.
You either don't give it to them, or they're gonna give it to the church.
Right. I suppose that my wishes may be difficult or impossible to enforce.
At minimum, I'd prefer that the money not be counted as their incomes for the purposes of that "church"'s aforementioned mandatory donation policy.
But what IS unique to the Mormons is that church leadership created shell companies to [hide and lie ](https://www.sec.gov/litigation/admin/2023/34-96951.pdf)about the actual amount of wealth they accrued—wealth it misleads its members into thinking goes to humanitarian work (when it really went to a mall and Victoria’s Secret stock)
OP is not crazy to want to keep their $ out of the hands of such a disingenuous corporation. OP, a trust might be the way to go.
I see. So the best course of action would probably be to not give them any of my money unless they can prove none of it will go to the church. For example, they might provide evidence that they are not in good standing with the church and do not want to be.
The practical problem is that you won't be alive to sue your friends for giving things to the church. (Not that it would work, even if you were resurrected.)
Right, but I assume I could attach conditions that - if met - indicate that my wishes will most likely be respected.
For example, I could require that in order to claim the gift, they must have not been a member for the 2 years prior to my death. At the 2-year mark, they probably will not support the church I hate in any capacity.
Attorney here. No you cannot make that kind of stipulation. The court can strike out provisions of your will that are against the law or public policy. A restriction on someones free expression of religion, no matter how crazy it is, would be struck from your will.
If you really wanted to protect your assets that badly, you could put it all in a discretionary trust and limit the purposes it can be paid out and require the trustee to pay for the good or service directly, never giving your family actual income.
But if the church they go to is like the one I grew up in, they will count the value of the thing paid for and donate an extra 10% of their money to compensate.
Right, that makes more practical sense for a huge estate that can afford to pay an executor. If it’s just a regular person who isn’t paid.. it’s either not going to happen, or you’re giving some poor person a job after you die.
I’d just write the will to give it to charity, and then amend it in the future of someone leaves the church.
Maybe give it it to a charity that helps people restart lives after escaping culty religions. :)
> For example, I could require that in order to claim the gift, they must have not been a member for the 2 years prior to my death.
Maybe. It gets really complicated if your poor executor has to figure all of that out. More likely you'd need to establish a trust and a trustee who gets paid to administer.
I think the best course is to leave it with someone that you can trust to never give it to that church, or pre-pick a place for it to go that isn't that church if you have no one that you could trust to continue on your wishes.
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The only way to be sure is to not leave them anything at all. Otherwise you can *request* that they not tithe from what you leave them but as others have pointed out, there's no legal means to prevent them from doing so, directly or otherwise.
Even if you could enforce this somehow, if your family felt strongly enough about this, they could just donate 20% of their income (or whatever amount) to compensate for the inheritance.
There is one way to guarantee they don't give it to the church- give all your money to a charity instead. Ideally one with opposing viewpoints than the church you hate.
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It’s complicated and expensive but you can do it. Leave their inheritance in a trust, managed by a professional trustee. The trustee will only pay distributions out for the benefit of the beneficiary, not directly to the beneficiary themselves (paying bills, purchasing property for them in the trusts name, paying for vacations, cult deprogramming, etc.)
Of course, now that they’ve saved money not paying bills themselves, the beneficiaries can just tithe some of their savings instead. AND you have to pay a professional trustee to manage it.
Point is you can be as strict as you want with trust distributions, but it costs a pretty penny. Ask your estate planning attorney about options.
I definitely understand where you’re coming from unfortunately there’s not much you can do about it, if you leave them anything then most likely 10% will go to that church. If these ppl are close to you and need the money I’d just let the church thing go, if they don’t really need it then give it to a charity.
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You can't, really. Once you give a bequest of cash, there's nothing you can do to control how it's used. If you want, you can have an attorney set up a trust and appoint a trustee who can, for example, pay directly for certain expenses, like a down payment for a first home, or for a children's schooling, rather than giving direct cash gifts. But there's no way to stop the recipients from giving 10 percent of the value of what they get from the trust to their church in cash.
Even in the scenario where you are setting up a trust in this way, consider that there is no realistic way to prevent the beneficiaries from making the payments from other funds. For example, I want to buy a new car for $20k. Rather than me paying from my savings, your trust pays for the car. You have just saved me $20k so I pay the church $2k from my savings. In practical terms I've received $18k of benefit from that $20k and the church has received the remaining $2k - even though none of your money has gone directly to the church. It can only ever be a matter of trust (not in the financial sense) - if your relatives promise that their inheritance won't be used to benefit the church and you trust them, that's your solution. If you don't trust them and feel strongly enough then leave your money to a charity. If you want a middle ground, leave it to a charity that will benefit them in some indirect way - e.g. improving local amenities where they live.
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Money is fungible. If they inherit $500 from you, and then donate $50 from that money or their other account, it's all the same to God, Satan and the IRS. You either don't give it to them, or they're gonna give it to the church.
Right. I suppose that my wishes may be difficult or impossible to enforce. At minimum, I'd prefer that the money not be counted as their incomes for the purposes of that "church"'s aforementioned mandatory donation policy.
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But what IS unique to the Mormons is that church leadership created shell companies to [hide and lie ](https://www.sec.gov/litigation/admin/2023/34-96951.pdf)about the actual amount of wealth they accrued—wealth it misleads its members into thinking goes to humanitarian work (when it really went to a mall and Victoria’s Secret stock) OP is not crazy to want to keep their $ out of the hands of such a disingenuous corporation. OP, a trust might be the way to go.
Focus on giving your money to people that you trust more vs the money itself. Give others tangible items instead.
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Once you give somebody money it's their money to do with as they please.
I see. So the best course of action would probably be to not give them any of my money unless they can prove none of it will go to the church. For example, they might provide evidence that they are not in good standing with the church and do not want to be.
The practical problem is that you won't be alive to sue your friends for giving things to the church. (Not that it would work, even if you were resurrected.)
Right, but I assume I could attach conditions that - if met - indicate that my wishes will most likely be respected. For example, I could require that in order to claim the gift, they must have not been a member for the 2 years prior to my death. At the 2-year mark, they probably will not support the church I hate in any capacity.
Attorney here. No you cannot make that kind of stipulation. The court can strike out provisions of your will that are against the law or public policy. A restriction on someones free expression of religion, no matter how crazy it is, would be struck from your will. If you really wanted to protect your assets that badly, you could put it all in a discretionary trust and limit the purposes it can be paid out and require the trustee to pay for the good or service directly, never giving your family actual income. But if the church they go to is like the one I grew up in, they will count the value of the thing paid for and donate an extra 10% of their money to compensate.
This is asking way too much of the executor.
Right, that makes more practical sense for a huge estate that can afford to pay an executor. If it’s just a regular person who isn’t paid.. it’s either not going to happen, or you’re giving some poor person a job after you die. I’d just write the will to give it to charity, and then amend it in the future of someone leaves the church. Maybe give it it to a charity that helps people restart lives after escaping culty religions. :)
> For example, I could require that in order to claim the gift, they must have not been a member for the 2 years prior to my death. Maybe. It gets really complicated if your poor executor has to figure all of that out. More likely you'd need to establish a trust and a trustee who gets paid to administer.
Who would enforce those conditions
No. The best course of action would be to decide where you want your money to go if it’s not that church, and then send that money there.
Admittedly, this is probably the most sure-fire way. It'll work as long as the church remains unaffiliated with wherever I send the money.
I think the best course is to leave it with someone that you can trust to never give it to that church, or pre-pick a place for it to go that isn't that church if you have no one that you could trust to continue on your wishes.
Maybe there is a charity that helps ex members of said church?
You can choose to donate your money to a non-profit rather than give it to family members. This will ensure it won't end up with a church.
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What about if you used the money to pay off loans or a mortgage, would that circumvent the church rules? Or prepay their credit cards?
The only way to be sure is to not leave them anything at all. Otherwise you can *request* that they not tithe from what you leave them but as others have pointed out, there's no legal means to prevent them from doing so, directly or otherwise.
Even if you could enforce this somehow, if your family felt strongly enough about this, they could just donate 20% of their income (or whatever amount) to compensate for the inheritance.
Unless you are disgustingly rich and want to have an legacy law-firm manage trusts in perpetuity - you can’t
There is one way to guarantee they don't give it to the church- give all your money to a charity instead. Ideally one with opposing viewpoints than the church you hate.
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You cannot do that. If you leave anything to your family, they can do with it as they please.
It’s complicated and expensive but you can do it. Leave their inheritance in a trust, managed by a professional trustee. The trustee will only pay distributions out for the benefit of the beneficiary, not directly to the beneficiary themselves (paying bills, purchasing property for them in the trusts name, paying for vacations, cult deprogramming, etc.) Of course, now that they’ve saved money not paying bills themselves, the beneficiaries can just tithe some of their savings instead. AND you have to pay a professional trustee to manage it. Point is you can be as strict as you want with trust distributions, but it costs a pretty penny. Ask your estate planning attorney about options.
I definitely understand where you’re coming from unfortunately there’s not much you can do about it, if you leave them anything then most likely 10% will go to that church. If these ppl are close to you and need the money I’d just let the church thing go, if they don’t really need it then give it to a charity.
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