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What is a Life Insurance Trust?

Key Takeaway

A life insurance trust, often known as an irrevocable life insurance trust (ILIT), allows you to manage and control your life insurance policy while protecting your beneficiaries from estate taxes and ensuring that the payout is distributed according to your wishes. ILITs are commonly used in estate planning to reduce the size of a taxable estate and to help ensure that life insurance proceeds are managed appropriately. In this guide, we’ll discuss the benefits, structure, and tax advantages of life insurance trusts.

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11/19/2024

What is a Life Insurance Trust?


A life insurance trust is a legal arrangement that owns your life insurance policy. Instead of the policyholder maintaining ownership, the trust becomes the owner of the life insurance policy, and a trustee—an individual or institution you designate—manages it on behalf of your beneficiaries.

The primary advantage of a life insurance trust is that it keeps the life insurance proceeds out of your taxable estate. When you pass away, the policy’s death benefit is paid to the trust, which then distributes the proceeds according to your instructions. The trust also ensures that the proceeds are handled responsibly, especially in cases where beneficiaries are minors.

Types of Life Insurance Trusts

  1. Revocable Trust: This allows you to retain control over the trust and its assets while you are alive. You can make changes to the trust, such as modifying beneficiaries or adjusting the policy.
  2. Irrevocable Life Insurance Trust (ILIT): Once established, an ILIT cannot be altered or revoked. It ensures that the life insurance policy is kept outside of your estate, shielding the proceeds from estate taxes and giving you peace of mind that the death benefit will be used according to your wishes.

Revocable vs. Irrevocable Life Insurance Trusts: A Comparison

Feature

Ownership

Revocable Life Insurance Trust

Policyholder retains ownership

Irrevocable Life Insurance Trust (ILIT)

Ownership is transferred to the trust

Feature

Control

Revocable Life Insurance Trust

Can be changed or revoked by the grantor

Irrevocable Life Insurance Trust (ILIT)

Cannot be changed once established

Feature

Tax Benefits

Revocable Life Insurance Trust

Does not remove the policy from the estate

Irrevocable Life Insurance Trust (ILIT)

Removes the policy from the taxable estate

Feature

Flexibility

Revocable Life Insurance Trust

Allows modification to beneficiaries, trustees, or terms

Irrevocable Life Insurance Trust (ILIT)

No modifications allowed after creation

Feature

Protection from Creditors

Revocable Life Insurance Trust

Limited protection

Irrevocable Life Insurance Trust (ILIT)

Provides strong protection for beneficiaries

Feature

Estate Tax Exposure

Revocable Life Insurance Trust

Policy proceeds are included in the taxable estate

Irrevocable Life Insurance Trust (ILIT)

Policy proceeds are excluded from the estate

Feature

Suitable For

Revocable Life Insurance Trust

Short-term control and flexibility

Irrevocable Life Insurance Trust (ILIT)

Long-term estate planning and tax benefits

This is normally a comparative table on desktop, but is in a custom view on mobile.

How Does a Life Insurance Trust Work?


Once a life insurance trust is created, ownership of the life insurance policy is transferred to the trust. As the grantor, you fund the trust with enough money to pay the premiums on the life insurance policy. The trust then pays the premiums and, upon your death, receives the death benefit payout.

The trustee is responsible for distributing the funds to the beneficiaries based on the instructions outlined in the trust. This arrangement ensures that the funds are managed properly and are not misused by beneficiaries who may be minors or financially inexperienced.

Why Choose an Irrevocable Life Insurance Trust?


An Irrevocable Life Insurance Trust (ILIT) offers several advantages, particularly in estate planning. The key benefits include:

  • Estate Tax Reduction: By transferring ownership of the life insurance policy to an ILIT, the proceeds are not included in your taxable estate. This helps high-net-worth individuals reduce potential estate taxes.
  • Control Over Distributions: An ILIT allows you to dictate how and when the death benefit is distributed to beneficiaries. For example, you can specify that funds be used for specific purposes, such as education or healthcare, or that they be disbursed over time to prevent irresponsible spending.
  • Asset Protection: The trust structure ensures that the life insurance proceeds are protected from creditors, divorce settlements, or other legal disputes involving your beneficiaries​

Estate Tax and Life Insurance Trusts


One of the most significant reasons to use a life insurance trust is to minimize estate taxes. In the U.S., estate taxes apply when an individual's assets exceed certain thresholds (for example, $13.61 million in 2024). Life insurance proceeds, when owned by the policyholder, are typically included in the total value of the estate, which could push the estate over the tax exemption limit.

By placing the life insurance policy into an irrevocable trust, the death benefit is excluded from the estate’s value, thereby helping reduce or eliminate estate taxes. This makes ILITs an essential tool for individuals with large estates who want to maximize the benefits for their heirs​

Setting Up a Life Insurance Trust


Setting up a life insurance trust involves several key steps:

  1. Choose a Trustee: Select someone you trust to manage the trust and carry out your instructions. This could be a family member, a financial professional, or an institution like a bank.
  2. Draft the Trust Agreement: Work with an attorney to draft the legal documents that establish the trust and outline your instructions for managing the life insurance policy and disbursing the death benefit.
  3. Transfer the Policy: If you already own a life insurance policy, you’ll need to transfer ownership to the trust. In some cases, you may choose to buy a new policy directly in the name of the trust.
  4. Fund the Trust: Ensure the trust has enough money to pay the life insurance premiums. Typically, you’ll make annual gifts to the trust, which the trustee will use to cover the premiums.
  5. Manage the Trust: The trustee will manage the trust while you’re alive, paying premiums and ensuring the policy remains in good standing. Upon your death, the trustee will distribute the death benefit as outlined in the trust agreement​

Life Insurance Trusts for Special Needs and Minors


Life insurance trusts can also be beneficial when planning for beneficiaries with special needs or minors who may not be financially responsible. By using a trust, you can ensure that the life insurance proceeds are managed in a way that supports your loved ones without risking the loss of government benefits (in the case of special needs beneficiaries) or irresponsible spending (for younger beneficiaries).

Trustees can follow strict guidelines for how the funds are used, making sure they cover essential expenses such as healthcare, education, or daily living costs.

Conclusion:


A life insurance trust, especially an Irrevocable Life Insurance Trust (ILIT), is a valuable estate planning tool for individuals looking to maximize the benefits of their life insurance policy while minimizing estate taxes and ensuring responsible management of the death benefit. Whether you’re concerned about high estate taxes, protecting your heirs from creditors, or ensuring that your children or loved ones are supported, a life insurance trust offers significant advantages.

Consult with a financial advisor or estate planning attorney to determine if setting up a life insurance trust is right for your situation.

Frequently Asked Questions - What is a Life Insurance Trust?

What is an Irrevocable Life Insurance Trust (ILIT)?


An ILIT is a legal arrangement where a trust owns a life insurance policy, keeping the death benefit out of the taxable estate and providing specific instructions for how the payout should be managed.

Can I make changes to a life insurance trust?


If the trust is irrevocable (an ILIT), changes cannot be made once it is established. For revocable trusts, you can make modifications as needed while you are alive.

Are life insurance proceeds subject to estate taxes?


If a life insurance policy is owned by the policyholder, the proceeds are typically included in the taxable estate. However, using a life insurance trust can exclude the proceeds from estate taxes.



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This article was generated with the help of artificial intelligence (AI). AI-generated content may occasionally contain errors or misleading information. The information above is for educational use only and does not represent insurance, tax, or legal advice. It is not a recommendation or solicitation to buy insurance. Please talk to your licensed insurance agent for more information about life insurance and your needs. Please consult with the appropriate professional for tax or legal advice. Guarantees are backed by the claims-paying ability of the issuing insurance company.

Article Author: Meredith Bell
Author Bio: Meredith joined Everly in 2022 and has 20+ years of experience in the life insurance industry. She has held various roles in advertising, marketing, communications, sales and distribution support, and product development. Outside of the office, Meredith lives with her daughter Kennedy and their dog Mavis. Meredith enjoys cooking, camping, gardening, hiking, and bourbon (though not always at the same time). She is a live music enthusiast and an avid reader. Her favorite quote is by Thomas Jefferson: "I cannot live without books." Meredith agrees, but would add cheese, movies, and dogs to that list.