Sorry I'm a little slow with this response but I just got back from
vacation.
Although many of the statements are quite true about being able to show
ownership without a signed deed of gift, I would always advise you get it if
possible. Without it, the family can legally claim that although they may
have intended to consider a gift they never actually gave it. (and yes,
they have argued this to us over the years)
Here at the Texas Ranger Hall of Fame and Museum, we follow a two method
track for intent. First, when they come into deposit their item either for
consideration or for gift, they are required to sign a Receipt that notes
who they are, what their intentions are, and whether or not we are currently
accepting or are considering the item(s). At the time the donor is with us,
I explain that the receipt records only the transfer of physical possession
of the object, but not its ownership. I also let them know that I will be
sending out typed forms that will transfer the objects ownership if we
decide to accept their item(s). If we do not accept them, I will be
contacting them about the return of the item(s). (We have very specific
conditions regarding items not picked up them all potential donors are
advised of and agree to as a part of our receipt form.)
I always prepare 2 original copies of the Gift Agreement form, a letter and
a SASE to send to the donor. To ensure that I get the majority of these
items back. We send the forms without any signature on it, let the donor
know that it is a legal contract, and that their donation will not be formal
until signed and returned to us for our signatures. After we receive them
back, then our Director signs them and I return a copy for the donors
records. This is very successful for us with probably a 80-90% immediate
return rate.
For those that we do not get the forms returned even after multiple attempts
by mail and personal contact. Then we still have their intent for donation
from the receipt and correspondence and the conditions regarding abandoned
items from the receipt. I don't know how much these laws differ from state
to state, but intent will only go so far (at least in Texas) and so a Gift
form (Deed of Gift or Gift Agreement) is the only way to truly protect your
museum here.
Hope this helps.
Tracie Evans
Collections Manager
Texas Ranger Hall of Fame and Museum
PO Box 2570, Waco TX 76702
254/750-8631
[log in to unmask]
-----Original Message-----
From: Amanda Thompson [mailto:[log in to unmask]]
Sent: Thursday, July 07, 2005 10:14 AM
To: [log in to unmask]
Subject: Re: Returning Deed of Gifts
Joshua:
We often have this problem too, even though we also include a SASE. I just
send another copy of the letter, deed of gift and another envelope for the
unreturned deeds of gift when it's time to send out the new deeds of gift
from our most recent quarterly Collections Committee meeting. This system
works for us, since it ensures that a letter is sent at least every three
months. If I haven't received back the deed of gift after the first two
letter, then I get on the horn and talk to the donor. Sometimes they just
need a little push to but the signed form back in the mail.
Amanda Dyer
Curator
Bell County Museum
-----Original Message-----
From: Museum discussion list [mailto:[log in to unmask]]On
Behalf Of [log in to unmask]
Sent: Thursday, July 07, 2005 9:06 AM
To: [log in to unmask]
Subject: Returning Deed of Gifts
I sometimes have a hard time of donors returning Deed of Gifts. I
include a self addressed, stamped envelope, but that doesn't seem to be
enough.
Would appreciate any advice on the matter, or a link to previous
discussions.
Regards,
Joshua K. Blay
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