Insurance Trusts
02/16/2009
Insurance trusts may take various forms, such as business insurance trusts (which may be used to protect the "key men," proprietor or partners of a business), or personal insurance trusts (which involve no business interests). These types of trusts are usually intended to provide assistance in the management of insurance proceeds from estate taxation. Insurance trusts may be revocable or irrevocable, and various types of agreements are available to accommodate an individual's circumstances and desires, or the requirements of a business.
Another form of insurance trust is the life-insurance trust. This trust, similar to a living trust, is created to receive proceeds payable under a life-insurance policy. It is normally established to exclude those proceeds from taxation in the decedent's estate. A life-insurance trust can also be used to provide a vehicle for continued management and distribution of insurance proceeds for a beneficiary who may need assistance in those matters.
To obtain the tax benefits of having the proceeds excluded from the decedent's estate, it is imperative that the insured divest himself or herself of all interest in the policy, and place those rights in the hands of the trustee. For this reason, it is preferable to have an individual other than the insured act as trustee.
This type of trust cannot be revocable, and the insured cannot retain any right to trust income. To ensure the tax advantages are retained, it is important that the document be properly drafted. The tax rules in this area are quite complex, so professional legal assistance may be helpful in the preparation of such a document.
Another form of insurance trust is the life-insurance trust. This trust, similar to a living trust, is created to receive proceeds payable under a life-insurance policy. It is normally established to exclude those proceeds from taxation in the decedent's estate. A life-insurance trust can also be used to provide a vehicle for continued management and distribution of insurance proceeds for a beneficiary who may need assistance in those matters.
To obtain the tax benefits of having the proceeds excluded from the decedent's estate, it is imperative that the insured divest himself or herself of all interest in the policy, and place those rights in the hands of the trustee. For this reason, it is preferable to have an individual other than the insured act as trustee.
This type of trust cannot be revocable, and the insured cannot retain any right to trust income. To ensure the tax advantages are retained, it is important that the document be properly drafted. The tax rules in this area are quite complex, so professional legal assistance may be helpful in the preparation of such a document.
Source:http://www.wsba.org/media/publications/pamphlets/t
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