Hi Valerie,

This is called a promised gift or a promised bequest. You will want to do paperwork laying out the terms of the future gift. You will also want to work with the lender and donor to make sure that the gift is included in the donors will. You can also do a binding pledge. I suggest you look up promised gifts in Marie Malaro’s “A Legal Primer on Managing Museum Collections”.

 Lastly, until the promised gift or bequest happens it is a loan so do your loan paperwork. 

Danielle

On Dec 11, 2017, at 12:17 PM, Diane Hall <[log in to unmask]> wrote:

Hi Valerie,

 

None of the museums I have worked at have entered into loan-to-gift agreements. As you say, it’s not best practices and I would be extremely weary of entering into that kind of agreement.

 

From: Museum discussion list [mailto:[log in to unmask]] On Behalf Of Valarie J. Kinkade
Sent: Monday, December 11, 2017 11:59 AM
To: [log in to unmask]
Subject: Re: [MUSEUM-L] Loan-to-Gift Question

 

Thank you Brownwen for replying to my question. I am replying here in case others need clarification to my question.  I am looking for loans that the museum and donor knowingly wanted to convert loan-to- gift at the loan's inception, as opposed to those that got converted later.

 

Valarie

-----Original Message-----
From: Bronwen Sanders <[log in to unmask]>
To: MUSEUM-L <[log in to unmask]>
Sent: Mon, Dec 11, 2017 11:49 am
Subject: Re: [MUSEUM-L] Loan-to-Gift Question

Valerie,

When the Buggy Museum opened we had quite a few things that were on loan, everything from carriages to doilies.  We have worked to convert a lot of those long term loans to gifts. But we still have long term loans, mostly vehicles.  A few of those we have talked to the donor about them becoming gifts (eventually).  If you want to talk specifics, contact me off list.

Bronwen Anderson-Sanders

Mifflinburg Buggy Museum

 

On Mon, Dec 11, 2017 at 9:47 AM, Valarie J. Kinkade <[log in to unmask]> wrote:

Has your museum ever entered into a loan-to-gift agreement? A loan-to-gift in this case is a loan where the agreement indicates that the loan will become a gift to the museum at some date in the future or upon the passing of the donor?  Second Part of my question: Has your museum ever taken a loan-to-gift in which the loaned collection is housed and used at the museum, but the donor retains the right to remove items during their lifetime, with the loan becoming a gift at the time of the donor’s passing?  I am aware that this scenario is not a best practice, but would like to know if others have done it.  I am only looking to compile statistics.  Replies will be treated anonymously.  Thanks for your help.

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--

Bronwen Anderson-Sanders, Executive Director

Mifflinburg Buggy Museum

598 Green Street, Mifflinburg, PA 17844

570-966-1355

Get on the PATH - Preserve American Transportation History

 


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