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An irrevocable life insurance trust, (ILIT,) has three aspects: First, the grantor is the person creating the trust, and they gift their life insurance irrevocably to the trust. Second, the trustee is selected by the grantor and manages the trust. Third, the trust beneficiaries named by the grantor will receive the trust assets after they die.

To do this, the trustee purchases an insurance policy, with themselves as the insured, and the trust as owner and, (usually,) beneficiary. When the insurance benefit is paid at the death of the grantor, the trustee will collect the funds, make them available to pay estate taxes and/or other expenses, (including debts, legal fees, probate costs, and income taxes that may be due on IRAs and other retirement benefits,) and then distribute them to the trust beneficiaries as the grantor instructed.
 

Reasons for creating a Life Insurance Trust:

  • It provides immediate cash to pay estate taxes and other expenses after death.

  • It reduces estate taxes by removing insurance from your estate.

  • It's proceeds avoid probate, and are free from income and estate taxes.

  • It allows the grantor maximum control over the insurance policy and how proceeds are used.

  • It can provide income to surviving spouse's without insurance proceeds being included in the grantor's estate.

  • It prevents the court from controlling insurance proceeds if the beneficiary is incapacitated.
     

It is a common misconception that life insurance automatically avoids probate and estate taxes. Only through proper estate planning is this possible. The most important thing is that the policy should never be owned or paid to the estate of the person who the policy is on. While it is possible for a person to name an owner other then themselves and to have the policy pay to a beneficiary other then their estate, this technique has its draw backs.

By doing this, a person loses control over the policy and it can be sold or the beneficiary can be changed. By creating an irrevocable life insurance trust, a person retains control while still receiving tax benefits.