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Irrevocable Life Insurance Trusts
A life insurance policy that is either owned by an individual or has
the individual’s estate listed as the beneficiary of the policy is
considered part of the taxable estate of the individual upon death.
It is a non-probate asset, but will still be subject to state and
federal estate taxes. The purpose of an Irrevocable Life Insurance
Trust (commonly referred to as an "ILIT") is to take the
life insurance out of the name of the insured in order to prevent
taxation on the amount of the policy. By doing this, you are
potentially able to keep your estate under the $1,500,000 federal
estate tax exemption, thus avoiding federal estate taxes, while at
the same time leaving to your loved ones an amount greater than $1,500,000. Alternatively, this type of trust at least allows you to
keep some of your estate over $1,500,000 tax-free, while maybe not
entirely eliminating federal taxes. The amount of the life insurance
policy is then available to your heirs to either purchase assets
from your estate (perhaps to transfer a family-owned business under
a pre-arranged buy-sell agreement) or just to provide liquid assets
to be available to pay any taxes that may be due.
An
ILIT operates by creating a trust which then owns the life insurance
policy. Often, the grantor of the trust makes an annual gift to the
trust of an amount equal to the premium of the policy, which amount
may be excluded from the $11,000 annual federal exclusion from gift
tax.
This is a simplified explanation of ILIT’s; keep in mind that
there are stringent guidelines regarding ILIT’s that must be
followed for this type of trust to work, and it is important to seek
competent legal counsel to assist you in determining whether an ILIT
is appropriate for you and to assist in creation of such a trust.
Typically, an ILIT is used in conjunction with a Complete Estate
Planning Package, discussed in the living
trust section of this site.
To
contact me in order to set up a no obligation appointment to discuss
your personal estate planning needs, click
here.
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