143: Anonymized Juicy Gossip | What Happens If You Don’t Do the Nonprofit Filings?

What would you do if you inherited a nonprofit… with 20 years of missing paperwork?

It's Jess Birken here, and I'm back with my co-host Meghan to dig into one of the messiest listener questions yet. A nonprofit has been operating off the radar for decades, and it's time to figure out what happens next.

Real Listener Question: "I just took on the treasurer role for a family nonprofit, but nothing's been filed since 2005. The bank account is still under the name of a deceased board member. I'm wondering if I should just start over with a new nonprofit. Is that even possible?"

This kind of thing happens more often than you'd expect. A well-meaning person takes on a board role and discovers the organization hasn't filed anything in decades. In this episode, Meghan and I unpack what to do when you find yourself in a nonprofit compliance nightmare. We cover how to figure out what kind of legal entity you're actually dealing with, how to protect yourself, and how to decide whether to clean up the mess or start fresh. If you're the one caught holding the bag for a nonprofit with a messy past, this one's for you.

What You'll Learn:

• Why nonprofit compliance is more complicated than for-profit businesses
• How to tell if your organization is really a 501(c)(3)
• What happens when a nonprofit operates without filing for years
• When it makes more sense to start a new organization than try to fix the old one
• Why board training is essential, even for small nonprofits
• What every board member should ask before agreeing to join
• How to stop stressing about the past and start moving forward

Bottom line: If you inherit a messy nonprofit past, you are not alone. You can't fix everything that came before you, but you can take charge today and make sure the future is solid.

Resources from this Episode

• Nonprofit Health Check Up Tool: https://form.jotform.com/jessicabirken/nonprofit-health-check-up
• What Does It Mean To Be A Nonprofit Board Member? Article: https://birkenlaw.com/charity-therapy-podcast/what-does-it-mean-to-be-nonprofit-board-member/
• Previous Episode: What Happens When Your Nonprofit IRS Status Is Revoked: https://birkenlaw.com/charity-therapy-podcast/ct142/
• Episode Transcript: https://birkenlaw.com/wp-content/uploads/2025/07/CT143_Transcript.pdf

Connect with Us

• Jess Birken: https://www.linkedin.com/in/jessbirken/
• Meghan Heitkamp: https://www.linkedin.com/in/meghan-heitkamp-829254115/

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• Rate & Review on Apple Podcasts: Click "Ratings and Reviews" then "Write a Review"
• Send us your nonprofit questions: https://birkenlaw.com/podcast/#podcast-story  

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