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Serving a Great Need With A Life Insurance Trust

Your estate planner should establish a trust providing estate taxation protection as well as creditor protection, continuity in the management of the assets, and flexibility to serve the needs of each beneficiary. However, if proper procedures are not followed, all benefits could be forfeited. Understanding that gifts given to an Irrevocable Life Insurance Trust (ILIT) must qualify as "present interest gifts" for the annual gift tax exclusion to apply will add clarity to the pattern that needs to be followed. In order to use the annual gift tax exclusion to remove gifts from your estate, there must be a qualifying beneficiary. In an ILIT, this beneficiary is called a Crummey beneficiary, aptly named after a famous court case.

Since your gift is being made payable to the Trustee of your ILIT, the beneficiaries must receive prompt notice of their right of withdrawal of the gift and a reasonable time to exercise it (usually 30 days). After designing the plan with your advisors, gifts (that represent the funds utilized for payment of insurance premiums) should be made directly into a trust account via the trustee. The trustee will then provide a "Crummey notice" of the beneficiaries' right to the gift.

The trust must be the applicant/owner of the life insurance policy; there is a process that occurs between the insured, the trustee, and the insurance company in order to complete underwriting and obtain the insurance coverage. A gifting schedule should be clearly established due to the complexities of the gift tax laws. The filing of a gift tax return may need to be coordinated with your attorney and accountant.

An annual meeting should be scheduled with your estate planner to review your policy and verify current and future funding requirements. Of course, the trustee should maintain copies of all records to confirm the plan, in the event auditors come calling at the time of your death.
In conclusion, an ILIT provides a great strategy for a client who needs liquidity at death, or wants to benefit his/her family with tax free wealth for future generations.
 

Dear Friends, Collegues
and Clients,

Estate planning is all about family; however, estate taxation may interfere with our ability to secure our family's future in the way we feel is most appropriate. A popular technique employed in estate planning solutions is the Irrevocable Live Insurance Trust.

Sincerely,

Steven Wayne Tarta

   
   



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Tarta Law
Steven Wayne Tarta
Attorney At Law

The Lincoln Building
Suite 304
45 North Broad Street
Ridgewood, NJ 07450

   
     
     
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