Life Insurance Trust: What It Is and How It Works


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Updated: July 3, 2024

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A life insurance trust manages how proceeds from a life insurance policy are distributed upon the policyholder's death. Structuring life insurance in a trust can offer numerous benefits, particularly in controlling the ownership of a life insurance policy and ensuring that benefits are used as intended.

A trust-owned life insurance setup allows policyholders to designate a life insurance trust beneficiary, often through a revocable or irrevocable life insurance trust. By naming a trust as a beneficiary for life insurance, the policyholder can avoid probate and manage taxes more effectively, ensuring a smoother transition and financial security for their loved ones.

Key Takeaways

A life insurance trust manages and distributes a life insurance policy's proceeds post-death, avoiding probate and minimizing estate taxes.

You can alter revocable life insurance trusts, but you can't change irrevocable life insurance trusts. Irrevocable insurance trusts offer more tax benefits and asset protection but less flexibility.

Life insurance trusts suit those who prioritize asset control and tax savings. They may be less beneficial for those who need more flexibility or have minimal estate tax concerns.

What Is a Life Insurance Trust?

A life insurance trust is a legal arrangement where a third party, or designated life insurance trustee, manages the distribution of your life insurance policy proceeds after your death. It is an effective way to ensure your life insurance payout reaches your intended life insurance trust beneficiaries.

When you pass away, the trust-owned life insurance receives the policy payout, which the trustee then allocates to your chosen beneficiaries based on the terms you've set.

Life Insurance Trust Types

There are two main types of life insurance trusts — irrevocable and revocable. These two differ in flexibility and control. Understanding the differences can help you make an informed decision about which one aligns best with your financial goals.

Irrevocable Life Insurance Trust

An irrevocable life insurance trust (ILIT) is a trust that is tough to change or end once it is set up. Irrevocable life insurance trust benefits include the potential for your family to sidestep estate taxes because the ILIT is not part of your estate. This makes ILITs an excellent tool for protecting your wealth for future generations.

Revocable Life Insurance Trust

A revocable life insurance trust gives you more control — you can modify or cancel it at any time. However, its payouts may be subject to estate taxes. It's a solid choice if you want flexibility with your policy and aren't overly concerned about estate taxes.

How Life Insurance Trusts Work

Understanding how life insurance trusts operate will help you effectively manage the ownership of a life insurance policy. When setting up a trust, you, as the life insurance policy owner, appoint a life insurance trustee responsible for overseeing the trust's operations. This trustee for life insurance plays a vital role in managing and distributing the policy's proceeds according to the trust's terms.

Initially, you'll go through the process of setting up a trust for life insurance, which involves naming a trust as a beneficiary for life insurance instead of individuals. This arrangement ensures that the policy's benefits are paid directly into the trust upon your death. Based on your specified instructions, the trustee then allocates these funds to your designated life insurance trust beneficiaries, such as family members.

The payout bypasses the probate process and can also avoid hefty estate taxes. By making a trust the beneficiary of life insurance, you provide your beneficiaries immediate financial support and significant tax advantages, making it an essential consideration for anyone with life insurance ownership.

Probate is the process of validating a deceased person's will, identifying their assets, paying off debts or taxes and distributing any remaining estate to rightful heirs. This process can take months or even years, during which beneficiaries might not have access to the assets. By placing life insurance into a trust, the payout avoids the probate process. Additionally, since life insurance in a trust is not part of your estate, it will not be subjected to estate taxes.

Benefits and Drawbacks of Life Insurance Trusts

If you're considering putting your life insurance into a trust, it's wise to familiarize yourself with the advantages and disadvantages of this financial strategy. The benefits may be tempting, but the potential drawbacks may impact the value of a life insurance trust for your unique circumstances.

Advantages of Life Insurance Trusts

Putting your life insurance in a trust can provide additional protection and help maximize your policy's benefits.

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    Avoiding Probate

    By placing your life insurance policy in a trust, you can sidestep probate — the legal process that sorts out a deceased person's assets, pays their debts and distributes what's left to their rightful heirs. This expedites access to funds, ensuring that your life insurance trust beneficiaries receive support without delay.

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    Tax Efficiency

    Putting life insurance in a trust could help minimize or avoid estate taxes.

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    Control

    A trust allows you to set the rules on how the policy payout is distributed after your death.

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    Protection From Creditors

    With a trust-owned life insurance, assets held in the trust are protected from creditors since a trust is a distinct entity. Once assets are transferred into the trust, you are no longer the owner, ensuring they remain off-limits to creditors.

Disadvantages of Life Insurance Trusts

There's no one-size-fits-all option when it comes to life insurance. Considering the disadvantages of making a trust the beneficiary of life insurance is essential to ensure it's the right move for you.

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    Complexity

    Setting up and managing a trust may be complicated and require legal assistance.

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    Loss of Control

    Once you place a policy in an irrevocable life insurance trust, you can't change or cancel it.

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    Costs

    Setting up a trust for life insurance can entail various initial costs, like legal fees for drafting the trust document and notary fees. You may also need to pay for ongoing expenses associated with setting up and maintaining a trust, such as trustee fees if you hire a professional trustee and administrative fees to handle any updates or changes.

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    Losing Access to the Policy’s Potential Cash Value

    Once your life insurance policy is in a trust, especially an irrevocable one, you can't access its cash value. This can be a drawback if your financial circumstances change and you need the cash.

Who Should Put Life Insurance in a Trust

Establishing a life insurance trust involves evaluating your financial goals and family needs. This setup can provide significant advantages, but it also has its complexities.

Life Insurance Trusts May Be for You If:

  • You seek to ensure that your life insurance trust beneficiaries are financially protected without probate delays.
  • You aim to minimize or eliminate estate taxes for your heirs, maximizing the financial benefits they receive.
  • You desire a structured way to manage and distribute your life insurance policy assets with specific conditions.
  • You have a sizable estate and want to maintain privacy and protect assets from creditors.

Life Insurance Trusts May Not Be for You If:

  • You prefer flexibility with your life insurance policy and might want to change beneficiaries or coverage in the future.
  • You are concerned about the initial and ongoing costs of creating and managing a trust.
  • Your estate is not large enough to be concerned with estate taxes, making the benefits less impactful.
  • You may need to access the cash value of your life insurance policy in the future for personal financial needs.

How to Put Life Insurance in a Trust

Putting life insurance into a trust can be overwhelming, but knowing the steps you should take can help you complete the process easily.

1
Understand What a Trust Is

Start by learning the basics, including how trusts work and the difference between the two main types of life insurance trusts: revocable and irrevocable.

2
Consult a Professional

A lawyer or financial advisor with experience in estate planning can be invaluable. Discuss your goals with them. They can help you understand the nuances, make an informed decision and guide you through the process.

3
Choose the Type of Trust

Based on your objectives and the advice of your professional, decide whether a revocable or irrevocable life insurance trust is best for you.

4
Set up the Trust

This involves creating a trust document that details how the trust should operate, who the trustees and beneficiaries are and what the trust assets are. It should be signed in front of a notary.

5
Transfer the Life Insurance Policy to the Trust

Complete the necessary paperwork to move your life insurance policy into the trust. This may need to be done in the presence of a notary or lawyer. Most life insurance policies, including term life policies and permanent life insurance policies such as whole life, universal life and variable life plans, can be moved into a trust.

6
Choose a Trustee

Your life insurance trustee will manage the trust, so choose someone reliable and capable. You can also select a professional trustee for life insurance, like a lawyer or accountant.

7
Inform Your Beneficiaries

Lastly, let your loved ones know about the life insurance trust. This can help avoid surprises and ensure they understand what to do when the time comes.

Alternatives to Life Insurance Trusts

Considering alternatives to life insurance trusts is vital for those seeking simpler or less restrictive options for managing their life insurance policies.

  • Beneficiary Designations: Directly naming beneficiaries on the policy ensures they receive the payout without going through probate, though this method offers less control compared to trusts.
  • Joint Ownership of Policies: Sharing policy ownership with someone, typically a spouse, can simplify the transfer of benefits without needing a trust.
  • Testamentary Trusts: These are trusts established within a will and take effect after death, providing some posthumous control over the insurance payout.
  • Gifting Policies: Transferring ownership of a life insurance policy to someone else during your lifetime removes it from your estate, potentially avoiding estate taxes, but it might have gift tax implications.
  • Entity Ownership: Having a business entity own the policy can be a strategic part of business succession planning.

These alternatives provide various levels of control, tax benefits and complexity, allowing for a tailored approach to managing life insurance benefits according to individual circumstances and preferences.

FAQ About Life Insurance Trusts

Knowing your options can help you protect your life insurance beneficiaries. We answered some of the most frequently asked questions about putting life insurance into a trust to give you a better understanding of how they work and whether they could be a good fit for you.

What is a life insurance trust?
What happens if a life insurance beneficiary is a trust?
Why use a life insurance trust instead of a beneficiary?
How do you put your life insurance policy into a trust?
Can you change my mind after putting your life insurance in trust?
What are the disadvantages of putting life insurance in trust?
How to set up an irrevocable life insurance trust?
Should a life insurance beneficiary be a trust?
What would be a valid reason for naming a trust as the beneficiary of a life insurance policy?
Are life insurance proceeds taxable to a trust?
Can a trust be a beneficiary of a life insurance policy?
Who should be the owner of a life insurance policy?
Can you put a joint life policy in trust?
Does a trust override a life insurance beneficiary?
What is the role of the life insurance trustee?
Can you use a life insurance trust for a child?
Can you have family trust life insurance?

About Melissa Wylie


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Melissa Wylie is the Content and SEO Manager at MoneyGeek, with nearly a decade of editorial experience and six years of work in financial content focused on small businesses. She previously held SEO positions at Bankrate and LendingTree, with bylines on ValuePenguin and MagnifyMoney.

Wylie has a journalism degree from the University of North Texas. Her strong foundation in journalism helps her craft content that simplifies complex financial topics to help everyone feel confident when making decisions with their money.