A donor offers land. Wonderful! Then comes a condition: your nonprofit must farm it for the next 50 years! Suddenly, “thank you” needs a little company . . .
Planned giving legal support for nonprofits can help turn complex donations into gifts your team is prepared to accept. Jamie Holzer White joined us to explore noncash gifts, donor confidence, and why bringing an attorney in early can keep generosity moving.
Jamie, J.D., LL.M., Vice President of Legal Services at Crescendo Interactive, explains how legal expertise can help fundraising teams identify obligations, shape realistic expectations, and protect relationships before a promising gift gets tangled in surprises. When should counsel join the conversation? “And my answer is always early.”
The opportunity extends well beyond cash. Jamie estimates that probably 90% of the gifts she encounters are noncash, with examples ranging from publicly traded securities and business interests to cryptocurrency and farming equipment. She also references Dr. Russell James’s research linking consistent securities giving with roughly six times the contribution growth of cash-only fundraising.
But opportunity needs an operating system. Gift acceptance policies should help staff understand which assets the organization accepts, who approves them, what due diligence is required, and how receipt and liquidation work. Jamie recommends reviewing policies at least annually, with more frequent reviews where changing assets warrant attention.
The conversation also explores independent donor counsel, concerns about paying donors’ legal fees, and ways local planned giving councils may connect nonprofits with legal expertise. Separate attorneys can support a shared goal: “They complement each other, but there are different interests that are being represented on both sides of the table.”
Watch to discover how stronger preparation can help your team welcome generosity with confidence, and give the “Department of No” a more productive assignment.
Key Takeaways:
– Involve qualified counsel before donor expectations harden.
– Define approvals, due diligence, and handling procedures for noncash gifts.
– Preserve separate representation for donor and nonprofit interests.
– Review gift acceptance policies annually; update sooner when needed.
– Train staff and board members to communicate the gift process confidently.
– Explore planned giving councils for legal connections and possible pro bono support.