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IRREVOCABLE LIFE INSURANCE TRUST
If
you are single and your net estate (including your life insurance) is
more than the federal estate tax exemption ($2 million in 2007),
or if you are married and your total net estate is more than two
exemptions ($4 million in 2007), an Irrevocable Life
Insurance Trust can reduce your estate taxes. Remember, life insurance proceeds for which you have any "incidents of ownership" (policies you can borrow against, assign, or cancel, or for which you can revoke an assignment, or name or change the Beneficiary) are included in your taxable estate when you die. And estate taxes start at 37% of every dollar over $2 million (in 2007) and quickly increase to close to 50%. Very
simply, a Life Insurance Trust owns your insurance policies for you. And
since you don't personally own the insurance, it will not be included in
your taxable estate. So your estate will pay less in estate taxes - and
more of your estate will go to your family. Of
course, you could have another person (like your spouse or an adult
child) own your insurance for you. That would also keep it out of your
estate - but you would not have as much control over the policy. This
person could change the Beneficiary, take the cash value or even cancel
the policy. With an Insurance Trust, the Trustee you select (it must be
someone other than you) must follow the instructions in your Trust. An
Insurance Trust also gives you more control over how the proceeds are
used. For example, you could direct the Trustee to make the funds
available to pay estate taxes and other final expenses. You could
provide your surviving spouse with a lifetime income and keep the
proceeds out of both your estates. You could also keep the proceeds in
Trust and provide periodic income to your children or other loved ones -
without giving them the full amount. Existing
policies can be transferred into an Insurance Trust - but if you die
within three years of making the transfer, the death benefits of the
policies will be taxed as part of your estate. There may also be a gift
tax. The
Trustee can also purchase a new policy. But it must be done in a special
way so you don't incur a gift tax. Each year, using annual tax-exempt
gifts, you can give up to $12,000 ($24,000 if married) to one or more
Beneficiaries of the Insurance Trust. (The actual amount given will
depend on the premium for the policy.) But instead of giving this money
directly to the Beneficiaries, you give it to the Trustee for them. The
Trustee then notifies each Beneficiary that a gift has been received on
his/her behalf and, unless the Beneficiary elects to receive the gift
now, the Trustee will invest the funds - by paying the premium on the
insurance policy. Of course, for this to work, the Beneficiaries must
understand not to take the gift now. (By the way, the written
notification to the Beneficiaries is known as a "Crummey
letter," named after the man who first tested it and had it
approved by the IRS.) |
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