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Transferring Your Life Insurance Policy Could Save Taxes


 
Example

Marcie is the divorced mother of two children in their 20s, who will be her beneficiaries. Neither is sensible with money. Marcie has an estate of $700,000, plus universal life insurance that will pay $500,000 at her death. She wants to be sure her estate will not be liable for estate taxes, and so desires to transfer ownership of her policy. However, there's no one Marcie trusts enough to give her policy to outright.

She decides to create a life insurance trust with her sister as trustee. She transfers ownership of the life insurance policy to her sister as trustee. After Marcie's death, her sister will handle the money for the children under the terms of the trust document.

If you don't want the proceeds from your life insurance policy to be subject to estate taxes, you must comply with the following strict requirements:

  • The life insurance trust must be irrevocable. If you have the right to revoke it, you will be considered the owner of the policy, and the proceeds will be subject to estate taxes.
  • You cannot be the trustee.
  • You must establish the trust at least three years before your death. If the trust has not existed for at least three years when you die, the trust is disregarded for estate tax purposes, and the policy proceeds are included in your taxable estate.
 
Get Legal Help for a Life Insurance Trust
Life insurance trusts raise complex tax issues and other tricky matters. If you want to explore using a life insurance trust, you'll need to see a lawyer.
Copyright 2007 Nolo

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