An irrevocable life insurance trust (ILIT), sometimes referred to as a wealth replacement trust, is a trust that is funded, at least in part, by life insurance policies or proceeds. If properly implemented, an ILIT can help minimize estate taxes and provide a source of liquid funds to your estate for the payment of taxes, debts and expenses.
Generally, assets you own at death are subject to federal estate tax. This includes life insurance policies and proceeds. Estates in excess of the applicable exclusion amount (in 2022, $12,060,000 plus any deceased spousal unused exclusion amount) may have to pay estate tax at rates as high as 40%.
An ILIT can also help minimize state death taxes. There are many reasons to use a trust rather than have an individual own your life insurance policy. For example, having your spouse own the policy may defeat the purpose of the ILIT, as the proceeds will be subject to estate taxes in their estate. Having an adult child or any other individual own the policy may expose the policy or proceeds to that individual’s creditors or may create disharmony among family members. An ILIT can accomplish some or all of the following:
- Avoid inclusion of the proceeds in your (and your spouse’s) estate
- Make the cash liquidity provided by the total proceeds available to the estate of the insured
- Insulate the proceeds from estate taxes over multiple generations
- Provide professional management of the proceeds
- Protect the policy and proceeds from future creditors and potential ex-spouses
- Provide incentives to beneficiaries