FindLaw | Find a Lawyer. Find Answers.
Are you a legal Professional?
Transferring Your Life Insurance Policy Could Save Taxes
All property that you leave to your spouse, including insurance proceeds, is not subject to estate taxes when you die. Your life insurance proceeds would be taxed as part of your estate only if the beneficiaries of the policy are your children, friends, or relatives other than your spouse.
Method One: Transferring Ownership to Other People
Transferring ownership of your policy to another person involves a trade-off: Once the policy is transferred, you've lost all your power over it, forever. You cannot cancel it or change the beneficiary. Suppose, for example, you transfer ownership of your policy to your spouse, and later get divorced. You cannot cancel the policy or recover it from your ex-spouse. In many situations, however, these gifts work well -- for example, when you transfer policy ownership to an adult child with whom you have a close and loving relationship.
IRS Rules Governing Life Insurance Transfers
The IRS has rules that determine who owns a life insurance policy when the insured person dies. Gifts of life insurance policies made within three years of death are disallowed for federal estate tax purposes -- and often for state estate tax purposes, too. This means that the full amount of the proceeds are included in your estate, as if you had remained owner of the policy.
|
FAQs
- How can I find a lawyer to help me plan my estate and write any necessary documents?
- Why should I go to the trouble of planning my estate and writing a will?
- Why can't I just use a book, or one of those computerized "will kits" I've seen in bookstores and do it myself?
- Isn't a will all I need?
- If I use a lawyer, how much should I expect to pay?
Estate Planning Resources
Helpful tools and forms available for purchase.A better way to find your attorney. LegalConnection.
Fast and friendly legal document service from LegalZoom, the #1 online legal document service
Download more than 50,000 state-specific legal forms. Real estate documents, power of attorney forms, wills, employment contracts, divorce and separation agreements and much more.