Irrevocable Life Insurance Trust (ILIT)

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While death and taxes are two certainties in life, taking advantage of estate planning tools such as an Irrevocable Life Insurance Trust (ILIT) allows you to limit the amount of taxes your family pays upon your death. By investing in an ILIT now, you can protect your beneficiaries, and they can keep more of their inheritance without having to worry about hefty taxes or fines.

What Is an Irrevocable Life Insurance Trust?

An ILIT is a trust for life insurance, so the proceeds from your policy can avoid estate tax. It is a living trust no one can dissolve or revoke unless you fail to pay your life insurance premiums during your lifetime. 

With an ILIT, you will transfer ownership of your life insurance policy from you to the trust. You must name someone else to act as a trustee to handle your insurance premium payments and eventually distribute funds. If properly managed, your ILIT trustee will distribute the insurance proceeds to your beneficiaries without taxes.

For example, if you have $10 million in assets and purchase a life insurance policy with a $5 million death benefit, you would have a taxable estate of $15 million, and your heirs would have over a million dollars in federal taxes. If you placed the insurance policy in an ILIT, the taxable estate would only be $10 million, and you would reduce the amount of taxes your heirs would have to pay.

What Are the Pros and Cons of an Irrevocable Life Insurance Trust?

As with any estate planning tool, there are advantages and drawbacks to using an ILIT with some of the top being:

Pros:

  • Tax-free growth: A life insurance policy’s cash value is tax-deferred, leading to a more significant death benefit for beneficiaries.
  • Avoids probate: Assets in an ILIT are not subject to probate, which allows beneficiaries to receive their inheritance faster and with a lower risk of disputes.
  • Control over distribution: You will determine how the trustee should distribute funds. For example, you can stipulate that the beneficiaries will receive funds at certain ages, in specific installments, or for particular purposes.
  • Provides for beneficiaries with special needs: You can structure your ILIT to provide for beneficiaries with special needs without affecting their eligibility for government assistance.

Cons:

  • Limits access to cash value: If your ILIT has a cash value component, it can be difficult for the trustee to access that cash to distribute to beneficiaries.
  • Irrevocability: Once you establish an ILIT and transfer your life insurance policy to it, you cannot modify the trust or reclaim the policy.
  • Complexity to establish: Creating an ILIT requires the assistance of an attorney to draft the document and ensure it complies with all legal requirements. You may also have to pay for ongoing administrative costs like trust management or tax filings.
  • Funding requirements: After creating an ILIT, you need to continue paying life insurance policy premiums, which may impact your current cash flow and financial planning.

Is an Irrevocable Life Insurance Trust Right for You?

Generally, an ILIT will benefit you if you are in any of the following situations:

  • You have a high net worth: If your net worth is over $5 million and you have a permanent life insurance policy with a death benefit, you should consider an ILIT. However, if you are using your life insurance policy to supplement your retirement income, an ILIT will not be the most beneficial choice.
  • You own a business: If the majority of your wealth is in your business, your heirs may need to sell part of the business to cover estate taxes. With an ILIT, the trust will distribute the death benefit directly to the beneficiaries, who can use the proceeds to pay estate taxes.
  • You want to use it to replace a stretch IRA: Investing in an ILIT is an excellent option for lowering taxes on inherited individual retirement accounts.

Contact Crow Estate Planning & Probate for Your ILIT Needs

If you’re interested in setting up an ILIT, our estate planning attorneys at Crow Estate Planning & Probate are here to help. Our attorneys will ensure your trust protects your legacy while meeting all legal requirements. Contact us today to learn how we can aid in your life insurance and estate planning needs throughout Tennessee and Kentucky.

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This firm has done several things for me and real estate clients. Most recently setting up a TIST (Tennessee Investment Services Trust). And redoing my Will, Medical Power of Attorney, and Healthcare Directive. Appreciated their understanding of all of the intricacies of each document. Their timely communication and prompt service.
 
 
 

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Not only did he handle every aspect of our estate trust with great attention to detail, but he (and law firm colleagues) also took care of transferring over our home deeds so we didn’t have to deal with the hassle of going to the county office ourselves. That alone saved us so much time and stress!

I honestly thought the process was going to cost a small fortune, but I was pleasantly surprised by how reasonable the pricing was. Most importantly, though, Thomas gave us peace of mind knowing that our hard-earned assets are protected and will go exactly where we want them—without placing unnecessary burdens on our loved ones.

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