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Estate Planning Tools

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Life insurance and trusts are estate planning tools that can help provide for your family's financial security and preserve more of your estate for your beneficiaries.

Life insurance

You should purchase life insurance to protect your family's financial security after you die. When it comes to estate planning, life insurance proceeds can provide your family with an immediate source of cash while other assets may be delayed in probate. Unlike other assets, life insurance proceeds bypass probate when you name a beneficiary other than your estate. Life insurance can also be used to pay anticipated estate taxes.

Life Insurance Coverage
Coverage Amount
  • You should purchase enough coverage to pay debts, cover your final expenses and provide some income for your dependent survivors.


  • Ideally, your beneficiaries should be able to pay your final expenses, invest the remaining death benefit and maintain their lifestyle by spending only the interest.


  • By preserving the principal, your loved ones will be assured some income.
Tax Advantages
  • The proceeds of an insurance policy paid to a named beneficiary are not subject to federal income taxes for the beneficiary.


  • Generally, they are also exempt from state income tax in most states.
Policy Ownership
  • The way you establish ownership of a life insurance policy can affect your federal estate taxes.


  • If you own your life insurance policy, the proceeds will be included in the value of your estate, making your death benefit subject to federal estate taxes if your estate value exceeds the current maximum exclusion amount.


  • If someone else owns the policy but you pay the premiums or retain "incidents of ownership" (the right to change the beneficiaries of the policy), the proceeds at death are included in your estate.


  • If another individual owns the policy and pays the premiums, the proceeds are generally not included in the estate.*


  • If a legal entity, such as an Irrevocable Life Insurance Trust (ILIT) owns the policy, the proceeds are generally not included in the estate.*
      *Unless the owner dies within 3 years of transferring the
       existing policy to the individual or ILIT.

Military Individuals
  • Your date of retirement determines whether payments from the Survivors Benefit Plan are included in your estate's value.

Trusts

Trusts may help you accomplish several important goals.

  • Ensure your property is transferred according to your wishes and in a confidential manner. (Because a will is probated, it becomes a matter of public record.)


  • Transfer property directly to your heirs without the expense and delay of probate.


  • Allow you some control of how your heirs use your assets after your death.


  • Manage your affairs if you become disabled.


  • Reduce or eliminate federal estate taxes.

What Is A Trust? A trust is a legal entity that holds property designated by you, the grantor, for your beneficiaries' benefit. Generally, any property of value can be placed in a trust, including cash, stocks, bonds, life insurance policies or proceeds, bank accounts, certificates of deposit, business or investment income, real estate, retirement fund benefits, jewelry or fine art.

Types Of Trusts
Testamentary Trust
  • Created by a will. Changing a testamentary trust requires a change to the will.


  • Takes affect only when the grantor dies and the estate is probated.


  • Often created for minor children who, upon their parents' death, might receive funds they cannot manage until a specified date, such as college graduation or the child's 25th birthday, at which the trust expires.


  • An appointed trustee manages the trust until it expires.


Living Trust (Inter Vivos)
  • Takes effect during the grantor's lifetime.


  • Can be more comprehensive than a power of attorney naming someone to act on your behalf should you become incapacitated.


  • May be more readily accepted by financial institutions than a power of attorney.


  • May be less subject to challenge than the actions of a court-appointed guardian or someone acting under your durable power of attorney.


  • Generally accompanied by a "pour-over" will, which directs any assets not held in trust to be added to it upon your death.
Revocable Living Trust
  • Can be changed or ended at any time.


  • Often used to manage assets if you become disabled or incompetent (as defined in the trust).


  • Can be created with yourself as trustee and other individuals and/or institutions named as successor trustees.


  • You have complete control over trust assets until you become disabled or incapacitated, at which point the trust becomes irrevocable and your successor trustee manages it according to your instructions.


  • Assets held in the trust at the time of your death are subject to estate taxes.
Irrevocable Living Trust
  • Cannot be changed or ended without the consent of the beneficiary.


  • Enables the grantor to give money or assets away before death.


  • Assets held in the trust at the time of your death are not subject to estate taxes.

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