What Is an Irrevocable Life Insurance
Trust?
An irrevocable life insurance trust (ILIT)
is a trust
that owns someone’s life insurance policy and pays
the premiums. The trustor creates the trust by transferring
his/her life insurance policy into the trust, thereby eliminating
his/her name from the insurance policy. The trustor then
makes gifts of money to the trust so that the trust can
pay the premiums. When the trustor dies, the proceeds of
his/her life insurance policy (the death benefit) will
go to the beneficiaries of the trust, generally the trustor’s
surviving spouse and children.
Why Do I Need An Irrevocable Life Insurance Trust?
If you have any incidence of ownership over your life
insurance policy (such as the right to change beneficiaries
or the right to borrow on the policy) when you die, its
proceeds will be included in your gross estate and therefore
subject to estate taxes. You can avoid the inclusion of
your life insurance policy by transferring the policy into
an irrevocable life insurance trust. A properly established
and administered irrevocable life insurance trust will
allow the policy’s proceeds to pass to the beneficiaries
without that amount being taxed in the insured’s
estate. Also, your heirs will be able to use the proceeds
of the policy to pay off estate taxes so that a family
business or other property does not have to be sold in
order to pay estate taxes.
Serving Fremont, Newark, Union City
and Hayward, California
Disclaimer: The content
of this website has been created by Kisner Law Firm for
general informational and advertising purposes only. No
attorney-client relationship is established between Kisner
Law Firm and any reader who views the contents of this
website. The information provided is only a general statement
of the laws and regulations of California and is not intended
to be, nor does it constitute, legal advice. No one should
rely on the information provided by this website without
first obtaining legal advice from an attorney in their
jurisdiction.
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