If you’re buying life insurance as a part of your estate plan, you may want to consider a life insurance trust. For individuals with a high net worth, life insurance trusts shield the death benefit from estate taxes and probate. A life insurance trust also ensures that the death benefit isn’t added to the value of your estate after you die for estate tax purposes.
Trusts designed specifically for this purpose are called irrevocable life insurance trusts (ILIT). Because they are irrevocable, they cannot be modified or dissolved after they are put in place. Irrevocable life insurance trusts are very complex and should not be formed without consulting an estate attorney or certified public accountant (CPA).
Using a life insurance trust can lower your taxable estate
Life insurance trusts are best suited for individuals with a sizable estate of at least $11.7 million, though this can be less in some states
If you think you need a life insurance trust as a part of your estate plan, you should consult with an attorney throughout the entire process
The life insurance death benefit is generally paid out to your beneficiaries untaxed. But, it can still be counted toward the valuation of your estate when it is paid out to your estate or in incidents of ownership, which is when the insured individual is also the policyholder. More often than not, the insured and policyholder must be the same person.
Because life insurance payouts can be a lot of money, when they are added to the valuation of an already sizable estate, they can either:
Increase your taxable estate
Push your estate’s worth over the limit where it is no longer exempt from the estate tax
For most estates in 2021, the value needs to exceed $11.7 million for it to be subject to federal estate taxes. Married couples are able to double this number. Some states and Washington, D.C. have lower exemptions.
If your estate value is high enough, then a life insurance trust allows you to legally shelter some of this money so it is not subject to the estate tax.
Trusts are used in estate planning to protect assets from taxes and transfer wealth to your heirs. Irrevocable life insurance trusts are sometimes incorporated into an estate plan so that a life insurance policy doesn’t increase a taxable estate.
With an irrevocable life insurance trust, the trust owns the policy, removing any incidents of ownership. Only the policyholder can pay life insurance premiums. So you fund the trust, and the funded trust then pays the life insurance premiums.
With the trust as the policyholder, the money is no longer considered a part of your estate and therefore does not increase the value of your estate for estate taxes purposes. It also won’t be subject to probate and your heirs can receive the life insurance death benefit in its entirety.
The trust is also the beneficiary of the life insurance policy. When you die, the death benefit will pay into the trust, which will then disperse it according to your wishes.
You can either transfer an existing life insurance policy into the trust, or purchase a new policy entirely. The one stipulation to keep in mind is that there is a three-year look-back period imposed by the IRS. If you die within three years of transferring the policy into the trust, the benefit is still accounted for as a part of your estate and the death benefit doesn’t realize any tax benefits.
Because the federal government taxes gifts with a future interest, the money used to fund an irrevocable life insurance trust is subject to a gift tax by the IRS. But using something called crummey powers, up to $15,000 can qualify for the federal gift tax exclusion annually. To do so, you will need to give the trust beneficiaries the ability to withdraw a limited amount of contributions within a certain period of time. If they miss the deadline given to them, their rights to withdraw the money expire.
Crummey powers are often used when creating life insurance trusts and transferring wealth.
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You’ll need to make a few key designations when setting up your trust:
The grantor - The insured individual whose death prompts the death benefit payout.
The trustee - The administrator of the trust.
The trust beneficiaries - The recipients of the funds from the trust.
Once you decide who will be listed in your trust, work with an attorney to set up the life insurance trust. There are four steps you’ll need to take:
Open and finance the trust - You’ll need to fund the trust to maintain the life insurance policy’s premium payments.
Select a trustee - The trustee is the administrator of the trust and must be a different person than the grantor.
Purchase or transfer a life insurance policy - An existing or new policy can be put into a life insurance trust.
Choose how the trust will make distributions to your heirs - You will need to designate your distributions in the trust document, which cannot be changed at a later date because a life insurance trust is irrevocable.
When you, the grantor, dies, the life insurance policy will then pay into the trust. The funds will then be distributed according to the designations you spelled out in the trust document.
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The primary purpose of a life insurance trust is to protect your estate from being subject to a higher estate tax. An irrevocable life insurance trust does this by ensuring the death benefit doesn’t become a part of the valuation of your estate and increase its worth.
Most people don’t need to incorporate the complexity of a life insurance trust into their end-of-life planning unless their estate is a sizable amount — because the trust cannot be changed after it’s established, it’s best for people with highly specialized estate planning needs. Individuals with a high net-worth may find an irrevocable life insurance trust to be a useful tool in their estate plan and can safeguard their heirs against higher estate taxes.
Irrevocable life insurance trusts are complex and come with a lot of tax implications. It’s vital to consult with an attorney when you’re creating a life insurance trust to ensure it is properly implemented and works to your benefit.
A life insurance trust is the policyholder and the beneficiary of a life insurance policy. The trust funds the policy premiums, which are funded by the insured. Life insurance trusts are irrevocable and cannot be changed or modified after the initial trust document is drawn up.
If a life insurance policy will increase your taxable estate, a life insurance trust may be worthwhile. But if your estate isn’t large enough to be subject to estate taxes, an irrevocable life insurance trust is too complicated and expensive. Instead, you should opt for a traditional death benefit distribution.
A life insurance trust is a legal shelter for money that would otherwise be subject to taxes.
Life insurance terminology doesn't have to be confusing. Here are definitions of the most common terms and phrases you'll find in a policy.
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