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Mar 18, 2015

Should I Put My Life Insurance In My Living Trust?

That depends on the size of your estate. Federal estate taxes must be paid if the net value of your estate when you pass away is more than the amount exempt at that time. Some states have their own estate/inheritance tax, and it is possible your estate could be exempt from federal tax but have to pay state tax.
 
Your taxable estate includes benefits from life insurance policies you can borrow against, assign or cancel, or for which you can revoke an assignment, or name or change a beneficiary.
 
If your estate will not have to pay estate taxes, naming your living trust as owner and beneficiary of the policies will give your trustee maximum control over them and the proceeds.
 
If your estate will be subject to estate taxes, it would be better to set up an irrevocable life insurance trust and have it own the policies for you. This will remove the value of the insurance from your estate, reduce estate taxes and let you leave more to your loved ones.
 
There are some restrictions on transferring existing policies to an irrevocable life insurance trust. If you pass away within three years of the transfer date, the IRS will consider the transfer invalid and the insurance will be back in your estate. There may also be a gift tax. These restrictions, however, do not apply to new policies purchased by the trustee of this trust. If you have a sizeable estate, your attorney will be able to advise you on this and other ways to reduce estate taxes.
 

Categories: Estate Planning

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My name is Diana Hale, and I serve families and business owners in Denver, Colorado Springs, and the surrounding metro areas.

2000 S. Colorado Blvd.
Tower One, Suite 2000
Denver, CO 80222
Dir.: (720) 739-1799
Fax.: (888) 552-6580
Diana@HaleEstatePlanning.com

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This website includes general information about estate planning, probate, and business law. These materials are for informational purposes only. They are not intended to be legal advice regarding any particular set of facts or circumstances. You need to contact a lawyer licensed in your jurisdiction for advice regarding your specific legal issues.