Robert, a retired teacher in St. Petersburg, wanted part of his estate to support the literacy program that had shaped his career. He assumed leaving money to charity required a complicated foundation and a lawyer on retainer. It did not. With a few well-placed choices, he directed a meaningful gift to the cause he loved while still providing for his family. The tools were simpler than he feared, and getting them right mattered more than he realized.
The Florida Tax Picture
Start with good news for Florida residents: Florida has no state estate tax and no inheritance tax. So unlike residents of some other states, your charitable planning here is not driven by a state death tax. Federal estate tax affects only very large estates, far above what most families hold. For the majority of Florida givers, the motivation is purpose, not tax avoidance, and that changes how you should think about the tools.
The Simplest Path: The Charitable Bequest
The most common way to give is a bequest in your will or revocable trust under Chapter 736. You can leave a specific dollar amount, a particular asset, or a percentage of your estate. A percentage gift, sometimes called a residuary bequest, is often wiser than a fixed figure, because it scales with your estate. If Robert had left a flat sum drafted decades ago, it might have consumed an outsized share of a shrunken estate, or felt trivial in a grown one. A percentage keeps your intent proportional to what you actually leave.
Whatever you choose, name the charity precisely. Many organizations have similar names, and a vague bequest can spark confusion or even a dispute in probate. Use the full legal name and, where possible, identifying details.
Beneficiary Designations: An Underused Gift
One of the cleanest ways to give in Florida is to name a charity as beneficiary of a retirement account or life insurance policy. These pass outside probate by designation, so the gift is private, fast, and avoids the probate process under Chapters 731 to 735 entirely. Retirement accounts are especially efficient to give to charity, since a qualified charity does not pay income tax on the withdrawal the way an individual heir would. It is a small form change that can carry a large impact.
When a Charitable Trust Makes Sense
For larger or more layered goals, charitable trusts come into play. A charitable remainder trust can pay income to you or a loved one for life, with the remainder going to charity afterward. A charitable lead trust does the reverse, supporting a charity for a term and then returning assets to your heirs. These are powerful but technical instruments, and they are not for everyone. They make sense when you want both an income stream and a legacy gift, or when you are giving a substantial, appreciated asset.
Keep the Family Conversation Open
Charitable gifts work best when they don’t surprise the family. When heirs understand that a parent intentionally chose to support a cause, disputes are far less likely. Robert told his children about the literacy gift while he was alive. They not only accepted it, they added a small gift of their own. A plan that is explained is a plan that holds up.
This is general information about Florida law, not legal advice. The right charitable structure depends on your assets, your family, and your goals. A licensed Florida estate planning attorney can help you choose between a bequest, a beneficiary designation, and a charitable trust so your generosity lands exactly where you intend.
For more on our Florida practice, see our overview of estate planning in Palm Beach. Morgan Legal Group's affiliated New York office also handles New York elder law.