An Irrevocable Life Insurance Trust (ILIT) can be a powerful tool for managing life insurance policies and preserving wealth for beneficiaries while addressing estate tax concerns. At the Law Offices of Robert P. Bergman, our San Jose firm helps clients in Chinatown and across Alameda County evaluate whether an ILIT fits within their broader estate planning goals. This introduction explains what an ILIT is, how it operates, and common reasons people consider this trust vehicle when they want to protect life insurance proceeds from estate inclusion and provide clear, orderly distributions for heirs and designated beneficiaries.
Choosing whether to create an ILIT involves careful consideration of family dynamics, tax planning, and long-term financial aims. Our approach is to review each client’s current assets, life insurance ownership, and beneficiary designations, then outline how an ILIT could preserve policy proceeds, reduce estate tax exposure, and provide liquidity for final expenses or legacy gifts. We also discuss alternative trust arrangements and how an ILIT interacts with documents commonly used in California estate plans, such as revocable living trusts, pour-over wills, and powers of attorney.
An ILIT matters because it can remove life insurance proceeds from the insured’s taxable estate, create structured distributions for beneficiaries, and provide a clear mechanism for managing insurance proceeds outside of probate. In California, careful drafting and administration are essential to secure these benefits and avoid unintended estate inclusion. An ILIT also allows grantors to specify trustees who will manage proceeds on behalf of minors, dependents with special needs, or beneficiaries with creditor exposure. When paired with a comprehensive plan, an ILIT helps ensure that policy proceeds are used as intended to support heirs, pay obligations, and uphold the grantor’s legacy.
The Law Offices of Robert P. Bergman provides estate planning services to individuals and families in San Jose, Chinatown, and throughout Alameda County. Our firm focuses on practical solutions such as revocable living trusts, wills, powers of attorney, and specialized trust arrangements, including Irrevocable Life Insurance Trusts. We work closely with clients to design plans that reflect personal goals, financial circumstances, and family concerns. Our attorneys guide clients through the planning process, explain legal implications in plain language, and handle document drafting and trust funding tasks to help make the transition from plan to practice as smooth as possible.
An Irrevocable Life Insurance Trust is a trust designed to own one or more life insurance policies, so that policy proceeds are managed and distributed according to the grantor’s directions rather than passing directly through the estate. Creating an ILIT typically requires the grantor to transfer ownership of an existing policy into the trust or have the trust purchase a new policy. Once transferred, the trust becomes the policy owner and beneficiary. Because the trust is irrevocable, the grantor relinquishes direct control over the policy ownership, which is a key factor in keeping proceeds out of the grantor’s estate for tax purposes and ensuring orderly distribution to named beneficiaries.
Properly funding and administering an ILIT also involves consideration of gift tax rules, premiums payment arrangements, Crummey withdrawal notices when required, and trustee powers for investing and distributing proceeds. The trustee plays a central role, and the trust document should grant clear authority to manage the policy, receive benefits, and make distributions. Additionally, coordinating an ILIT with other estate planning documents such as powers of attorney, revocable living trusts, and advance health care directives reduces the risk of conflicts and ensures that the grantor’s overall plan functions predictably in both life and death.
An Irrevocable Life Insurance Trust is a legal arrangement where a grantor transfers ownership of a life insurance policy to a trust that cannot be altered or revoked by the grantor once properly executed. The trust holds the policy and collects death benefits when the insured passes away. Because ownership transfers and the terms of the trust remove direct control from the grantor, the insurance proceeds typically remain outside of the grantor’s taxable estate. The trust document specifies how proceeds will be used and distributed, which may include paying debts, providing for dependents, funding education, or creating long-term financial support for family members or charitable causes.
Key elements of an effective ILIT include a well-drafted trust agreement, clear trustee appointment and powers, properly transferred policy ownership, premium payment arrangements, and beneficiary designation aligned with the trust. Processes include determining whether to transfer an existing policy or have the trust purchase a new one, funding the trust to cover premium payments, issuing Crummey notices when transfers may qualify for the annual gift tax exclusion, and maintaining accurate records. Trustee responsibilities also include filing any required tax forms, managing trust investments, and administering distributions in accordance with the trust terms and the grantor’s intentions.
Understanding certain technical terms helps clients make informed decisions about ILITs. Common phrases encountered include irrevocable trust, grantor, trustee, beneficiary, Crummey power, estate inclusion, premium funding, and policy assignment. Each term relates to how ownership, control, and tax consequences are handled. For example, knowing how the three-year rule governs estate inclusion when the grantor transfers a policy shortly before death can change planning recommendations. This glossary provides clear definitions and context so clients can follow the planning steps and communicate preferences about trust provisions and distributions to trustees.
An irrevocable trust is a legal arrangement that cannot be modified or revoked by the grantor once properly established, except under limited circumstances specified in the trust document or by court order. In ILIT planning, making the trust irrevocable is essential to remove policy proceeds from the grantor’s taxable estate. This permanence means the grantor gives up the right to change ownership or directly control trust assets, which creates the primary tax and asset protection benefits. However, irrevocability also requires careful drafting to ensure the trust meets the grantor’s long-term objectives and accounts for potential changes in family circumstances or financial needs.
A Crummey power allows beneficiaries a temporary right to withdraw gifts made to an ILIT for a limited period, which can enable those gifts to qualify for the annual gift tax exclusion. Trustees usually send notice to beneficiaries informing them of their withdrawal right; if the beneficiary does not exercise that right within the notice period, the contributions remain in the trust and are used to pay policy premiums or hold for future distribution. Including Crummey powers in the trust document and following proper notice procedures helps ensure that premium funding is treated as excluded gifts rather than taxable transfers.
The grantor is the person who creates the trust by executing the trust document and transferring assets or ownership, such as a life insurance policy, into the trust. In ILIT arrangements, the grantor often funds the trust to cover premium payments and establishes the terms that determine how proceeds are distributed. Because the grantor gives up direct ownership under an irrevocable trust, decisions about trustees, distribution standards, and the use of Crummey notices should reflect the grantor’s intentions and anticipated financial circumstances to achieve the desired tax and legacy outcomes.
The three-year rule refers to the tax provision that can include life insurance proceeds in a decedent’s estate if the insured transferred ownership of a policy to another party within three years of death. Applying this rule can negate some of the intended estate tax benefits of an ILIT when transfers occur too close to the time of death. Proper planning, including transferring policies well in advance and considering alternatives when timing is constrained, helps reduce the risk of estate inclusion. Trustees and grantors should be mindful of this timeline when creating or funding an ILIT.
Deciding whether an ILIT is the right vehicle requires comparing it to alternatives such as owning a policy outright, using a revocable living trust, or designating beneficiaries directly on policy contracts. Owning a policy outside of a trust can be simpler but may expose proceeds to estate taxes and probate. A revocable trust offers flexibility but does not remove assets from the taxable estate. Naming an ILIT as owner and beneficiary provides estate tax advantages but involves more initial setup and ongoing administration. Each choice carries trade-offs in control, tax treatment, and administrative obligations that should be weighed against personal priorities.
A limited planning approach can be appropriate when the life insurance proceeds and overall estate size are modest and tax exposure is unlikely to be significant. In such cases, maintaining straightforward beneficiary designations or using a revocable trust alone may provide a practical balance between cost and benefit. Clients with uncomplicated family situations, few creditors, and clear beneficiaries may prefer to avoid the legal complexity of an irrevocable trust. That said, even modest estates can benefit from targeted planning to ensure funds are available for final expenses and that distributions occur according to the policyholder’s wishes.
If maintaining the ability to change beneficiaries, adjust coverage, or otherwise retain control over policy ownership is a priority, a limited approach may be preferable. Revocable arrangements allow the policyholder to respond to changing family dynamics, health, or financial circumstances. This flexibility can be especially important for individuals whose long-term needs or wishes are uncertain, or where the administrative burden of an irrevocable structure outweighs potential tax advantages. A careful review helps determine whether simplicity and adaptability provide better alignment with personal goals than an irrevocable arrangement.
A comprehensive approach is often recommended when policy proceeds are substantial relative to the overall estate and the grantor seeks to minimize estate tax exposure. Coordinating an ILIT with other planning documents helps ensure proceeds are managed outside probate and distributed according to a well-defined plan. Comprehensive planning also addresses interactions among retirement accounts, real property, and other assets that could affect tax outcomes or liquidity at death. By anticipating these interactions, a full-scope plan reduces the risk of unintended consequences and helps preserve value for beneficiaries over the long term.
Comprehensive planning becomes important when beneficiaries include minor children, dependents with special needs, or family members who may face creditor claims. An ILIT can be crafted to create trustee-managed distributions that protect inheritances while meeting immediate financial needs. Integrating trust provisions with guardianship nominations and other estate documents reduces ambiguity and the potential for disputes among heirs. A thoughtful, coordinated plan helps ensure that life insurance proceeds are used to support long-term financial security and family stability rather than becoming a source of conflict or unintended exposure to creditors.
A coordinated plan that includes an ILIT provides several benefits: preserved value of life insurance proceeds, planned liquidity to meet final expenses or tax obligations, controlled distributions to heirs, and clarity that can reduce probate-related delays. When the ILIT is aligned with revocable trusts, wills, powers of attorney, and health care directives, the plan functions smoothly across life events and after death. This cohesion supports a consistent implementation of the grantor’s wishes and can ease administrative burdens for surviving family members and trustees who carry out the plan.
Beyond tax considerations, a comprehensive approach helps address practical issues such as premium funding, trustee selection, and communication with beneficiaries. It provides mechanisms for managing insurance proceeds when beneficiaries are not ready to receive lump sums, such as staggered distributions or needs-based support. Additionally, a coordinated plan can support charitable goals, business succession arrangements, or care plans for dependents, offering a holistic solution that aligns financial resources with the grantor’s values and priorities while providing confidence that benefits will be handled responsibly.
One of the primary benefits of placing a life insurance policy in an ILIT is the potential to keep proceeds out of the insured’s taxable estate, which can reduce estate tax liabilities and preserve value for intended beneficiaries. An ILIT also provides liquidity to pay estate obligations, taxes, and administrative costs without requiring the sale of assets. This liquidity can be particularly important for estates with illiquid holdings such as real estate or closely held business interests, enabling beneficiaries to retain ownership of core assets while addressing immediate financial needs after the grantor’s passing.
An ILIT allows the grantor to structure distributions so that a trustee manages how proceeds are allocated, protecting inheritances from creditors, poor financial decisions, or beneficiary conflicts. Trust terms can create income or principal distribution standards, set ages or milestones for outright distributions, and provide for continued support in a way that aligns with the grantor’s wishes. Properly drafted provisions can shield proceeds from creditor claims in many circumstances and ensure that funds are used to support beneficiaries’ long-term welfare rather than being dissipated quickly.
One key tip is to establish a reliable mechanism to fund trust premiums so the policy remains in force. This can include periodic gifts to the trust, which may require Crummey notices for annual exclusion treatment, or structuring contributions to match premium schedules. Poorly funded trusts risk policy lapse, which could eliminate the benefits you intended to achieve. Maintain clear records of gifts, notices, and premium payments. Regularly review premium amounts and trust assets to ensure the trust can meet future obligations without placing undue burdens on trustees or beneficiaries.
Ensure that beneficiary designations, revocable trusts, wills, and powers of attorney are aligned with the ILIT plan. Misalignment can create conflicts or result in unintended estate inclusion. For example, a revocable trust or a pour-over will intended to receive assets at death should not unintentionally claim policy proceeds meant to remain in the ILIT. Regularly review all documents after major life events such as marriage, divorce, births, or changes in financial status. Consistent coordination across documents helps protect the grantor’s wishes and reduces administration problems for survivors.
Consider an ILIT when life insurance proceeds are a significant component of your estate or when you need to provide liquidity to settle estate obligations without selling assets. An ILIT can be appropriate if you wish to control how proceeds are distributed after death, protect assets from creditors, or provide for beneficiaries who may not be able to manage lump sum inheritances. It is also often considered when clients plan charitable gifts funded by life insurance or when integrating life insurance into business succession planning to ensure a smooth transfer of ownership and financial stability for surviving partners.
You might also consider an ILIT if you want to separate insurance proceeds from probate administration and maintain privacy for beneficiaries. For families with children, dependents with special needs, or multiple marriages, an ILIT helps define the terms and timing of distributions while avoiding the public probate process. If estate taxes are a concern due to high asset values, or if you own a business or real estate that would be difficult to liquidate, an ILIT can provide targeted liquidity. Discussing your goals with an attorney helps evaluate whether an ILIT aligns with your overall plan.
Common circumstances include having substantial life insurance policies that would otherwise be included in the estate, wanting to ensure orderly distributions to heirs, protecting proceeds from creditors or divorce claims, or needing liquidity for estate settlement costs. Business owners often use ILITs to fund buy-sell agreements or protect a business succession plan. Those with blended families may use ILITs to guarantee that designated beneficiaries receive intended benefits. Another common reason is to provide for minor children or beneficiaries who may not be ready to manage large inheritances, ensuring trustee oversight and phased distributions.
An ILIT can be an effective vehicle to provide for minor children by placing policy proceeds under trustee management until children reach specified ages or milestones. This approach reduces the risk that funds will be misused and allows the trustee to pay for education, healthcare, or living expenses as needed. The trust can include detailed instructions about distribution timing and conditions, helping maintain financial support while protecting assets from creditors or external claims. Selecting a trustee who understands the family’s values and financial goals helps ensure proceeds are used to support the children’s long-term needs.
When beneficiaries face potential creditor claims, divorce proceedings, or liability exposure, an ILIT can provide a layer of protection by keeping proceeds within a trust structure subject to distribution standards and trustee oversight. Proper drafting can limit direct access by beneficiaries and reduce the likelihood that funds will be attached by creditors. However, creditor protection depends on the timing of transfers, applicable law, and trust terms, so legal guidance is important. A well-structured plan considers potential threats to inheritance and creates mechanisms to preserve value for intended recipients.
Business owners often use life insurance trusts to provide liquidity for buy-sell agreements or to ensure continuity when a partner passes away. Placing a policy in an ILIT can make proceeds available to pay for a partner’s interest without exposing the funds to estate taxes or probate delays. The trust can coordinate distributions with business succession terms, helping smooth transitions and maintain business operations. Integrating the ILIT with ownership agreements and succession documents clarifies how proceeds should be used and who will manage the distribution process for business stability.
The Law Offices of Robert P. Bergman serve clients in Chinatown, Alameda County, and throughout the Bay Area, assisting with ILIT creation, trust funding, and trust administration. We work with individuals and families to review existing policies, determine funding strategies for premiums, and draft trust provisions tailored to personal goals. Our team provides clear explanations about timing rules, trustee duties, and coordination with other estate documents. We aim to make the process understandable and manageable so clients feel confident that their life insurance proceeds will be preserved and distributed according to their wishes.
Clients choose the Law Offices of Robert P. Bergman for practical, client-focused estate planning help in San Jose and surrounding areas. Our firm guides clients through the details of trust design, policy transfer, and premium funding while paying close attention to each family’s unique circumstances. We emphasize clear communication and thorough documentation so trustees and beneficiaries understand their roles and expectations. Our objective is to create durable plans that match personal goals, reduce administrative friction at the time of death, and support orderly transitions for family members and beneficiaries.
We assist with a wide range of estate planning tools, including revocable living trusts, pour-over wills, powers of attorney, advance health care directives, and specialized trust arrangements. When creating an ILIT, we focus on how the trust fits within the overall plan, ensuring beneficiary designations, funding strategies, and trustee selection are coordinated. Our processes include careful document drafting, funding checklists, and clear instructions for administering the trust, which helps reduce the risk of disputes and promotes efficient implementation of your wishes after you are gone.
Our firm also supports clients through trust administration tasks such as issuing Crummey notices when appropriate, maintaining records of premium payments, and helping trustees perform fiduciary duties. For clients who prefer a hands-on approach or those who want professional fiduciary assistance, we can discuss options and implementation steps. We strive to be accessible by phone in the local area and to provide practical, well-documented plans that reflect each client’s values and financial reality while helping minimize tax exposure and preserve benefits for intended recipients.
Our process begins with a detailed review of current insurance policies, asset composition, and family goals. We discuss whether to transfer an existing policy into a new ILIT or have the trust purchase a policy, assess funding needs for premiums, and explain the legal and tax timing considerations such as the three-year rule. After agreeing on a plan, we draft the trust document, prepare funding and ownership transfer paperwork, and provide guidance on beneficiary notices and trustee responsibilities. We remain available to assist with administration and any future revisions that conform to legal changes and family needs.
The initial review identifies whether an ILIT aligns with your estate planning objectives by examining your existing policies, asset mix, and family circumstances. We evaluate how policy proceeds would interact with your estate, consider timing and tax rules, and propose a strategy that might include transferring ownership or forming a new policy within the trust. This phase also includes a discussion of trustee options, funding plans for premiums, and potential alternatives. The goal is to create a clear, documented recommendation that balances estate tax considerations with practical administration needs.
We review each life insurance policy to determine current ownership, beneficiary designations, policy terms, and surrender values. Establishing who owns the policy now and how beneficiary designations are written is critical to determining whether transferring the policy into an ILIT will achieve the intended benefits. We also evaluate premium schedules and any existing assignments. This assessment helps form the basis for decisions about funding, trustee responsibilities, and whether a policy transfer would trigger any adverse tax or legal consequences given your particular situation.
Creating a reliable premium funding plan is essential to keep an ILIT policy in force. We analyze your ability to provide gifts to the trust, whether annual exclusion gifts with Crummey notices are appropriate, and the potential need for larger contributions when premiums rise. The funding strategy considers cash flow, tax consequences, and the preferences of the grantor. We provide documentation templates for notices and recordkeeping, and we explain how funding decisions affect trust administration and long-term viability of the insurance coverage.
Once the strategy is approved, we draft the ILIT document tailored to your objectives, specifying trustee powers, distribution standards, and premium funding mechanisms. We prepare all necessary transfer forms with the insurance carrier to assign ownership to the trust or to arrange for the trust to purchase a new policy. During this step we confirm beneficiary designations and provide clear instructions on issuing Crummey notices when required. Proper execution and carrier processing are important to effect the ownership changes and to preserve the intended estate planning benefits.
Executing the trust documents involves signing the trust agreement, designating trustees and beneficiaries, and completing any notarizations or witness requirements under California law. We guide clients through carrier forms needed to transfer existing policies to the trust or to place new policies in trust ownership. Accurate completion of these steps and confirmation from the insurer that ownership and beneficiary changes are recorded help avoid future disputes or unintended estate inclusion. We also advise on retaining copies and maintaining a clear record of all filings and receipts.
After establishing the trust and transferring policy ownership, initial trust funding and beneficiary notices are important administrative actions. If premiums will be paid with regular contributions, the grantor should provide documentation and trustees should send timely Crummey notices when required to preserve gift tax treatment. We offer templates and a checklist for trustees to follow, covering recordkeeping of contributions, premium payments, and communications to beneficiaries. These steps help maintain compliance with tax rules and ensure the trust functions as intended from day one.
Ongoing administration includes paying premiums, maintaining trust records, issuing required notices, and reviewing the trust as family circumstances and laws evolve. Trustees must understand their fiduciary duties and follow the trust terms for investments, distributions, and reporting. Periodic reviews ensure the policy remains suitable, coverage levels are adequate, and funding remains on track. We provide guidance for trustees and grantors on routine administration tasks and are available to assist with tax filings, beneficiary communications, or if amendments are needed under permissible circumstances.
Trustee duties include maintaining accurate financial records of contributions and premium payments, filing any required tax returns, making distributions according to trust terms, and communicating with beneficiaries. Trustees should keep copies of insurance statements, notices, and bank records showing funding transfers. Good recordkeeping supports transparency and helps avoid disputes. We provide trustees with templates and guidance on best practices for documentation and reporting to beneficiaries, ensuring trust administration remains orderly and consistent with the grantor’s instructions.
Regular reviews of the ILIT and the broader estate plan are important to respond to life changes, shifts in tax law, or funding needs. While the trust is irrevocable, certain administrative adjustments and successor trustee appointments may be necessary over time. Reviewing beneficiary needs, policy performance, and premium affordability helps ensure the trust continues to meet objectives. We recommend periodic check-ins after major life events such as births, deaths, marriages, divorces, or significant changes in asset values to ensure the plan remains aligned with the grantor’s intentions.
An Irrevocable Life Insurance Trust is a trust that owns a life insurance policy and is designed to keep the policy proceeds out of the insured’s taxable estate. The grantor transfers ownership of an existing policy into the trust or has the trust acquire a new policy. Because the trust is irrevocable, the grantor gives up direct ownership, and the trust becomes the beneficiary, receiving death benefits that are administered and distributed according to the trust terms. This structure helps ensure that proceeds are managed for beneficiaries rather than passing through probate. Appropriate trustee powers and clear funding arrangements are key to making the trust function as intended and to preserving the benefits.
Transferring a life insurance policy into an ILIT can remove the policy proceeds from the grantor’s gross estate for estate tax purposes, provided certain timing and legal requirements are met. If the grantor transfers ownership and survives the transfer for more than three years, proceeds are generally excluded from the taxable estate. However, if the transfer occurs within three years of death, the three-year rule may cause inclusion of the policy proceeds in the estate. Proper planning around transfer timing, funding, and documentation is necessary to achieve desired tax treatment and to avoid unintended estate inclusion.
A Crummey notice is a written notice to trust beneficiaries that informs them of a temporary right to withdraw contributions to the trust, which can help those contributions qualify for the annual gift tax exclusion. When a grantor makes gifts to an ILIT to cover premiums, beneficiaries must be given a meaningful opportunity to withdraw funds for the contributions to be considered present interest gifts. Trustees typically send Crummey notices indicating the withdrawal period and procedure, and beneficiaries who do not exercise the right allow the funds to remain in the trust for premium payments. Proper timing and documentation of notices support favorable tax treatment.
Because an ILIT is irrevocable, changing its terms is limited once it is properly executed, but some administrative modifications and certain court-sanctioned modifications may be possible under specific circumstances. Changes might involve appointing successor trustees, addressing unforeseen administrative issues, or seeking court approval to correct technical defects. Grantors should anticipate the likely long-term needs when drafting the trust and include flexible trustee powers where appropriate. Discussing potential future scenarios upfront helps reduce the need for post-creation changes and supports smoother trust administration.
Selecting a trustee involves balancing trustworthiness, administrative ability, and neutrality. A trustee will be responsible for paying premiums, issuing notices, managing proceeds, and making distributions according to the trust terms, so consider someone organized and capable of handling fiduciary duties. Family members often serve, but professional trustees or corporate fiduciaries can provide impartial administration when family dynamics are complex. The trust document should clearly define trustee powers and compensation if applicable, and name successor trustees to provide continuity if a trustee becomes unable or unwilling to serve.
Once a policy is owned by an ILIT, premiums are typically paid from gifts made by the grantor to the trust or from trust assets. If the grantor intends to use annual gift tax exclusions, Crummey notices may be required to preserve the exclusion for premium payments. Trustees must receive and account for these funds, pay premiums on schedule, and keep records. Some clients prefer to fund the trust with sufficient assets to cover multiple years of premiums, while others use annual contributions. The funding approach depends on cash flow, tax planning goals, and the structure of the trust.
The three-year rule can bring insurance proceeds back into the decedent’s estate if the insured transferred ownership of a policy within three years of death. This rule is intended to prevent last-minute transfers designed solely to avoid estate taxes. To preserve the intended estate tax benefits of an ILIT, grantors should plan transfers well in advance of anticipated mortality risk and consider other strategies if near-term transfers are required. Understanding this rule is an important part of timing decisions for policy transfers and for advising clients with limited time horizons.
An ILIT can be used to support business succession plans by providing liquidity to fund buy-sell agreements or to compensate surviving partners without subjecting proceeds to probate or estate taxes. By placing a policy in a trust, business owners can create a clear mechanism for purchasing interests, paying obligations, or cushioning the transition after a partner’s death. Coordination with buy-sell agreements and other business documents is necessary to ensure proceeds are used as intended and that ownership and control issues are addressed. This approach helps protect business continuity while preserving value for heirs.
An ILIT functions alongside a revocable living trust, pour-over will, and beneficiary designations, and coordination is essential to avoid conflicts. While revocable trusts remain part of the grantor’s estate plan during life, an ILIT is irrevocable and holds specific insurance assets outside the revocable trust. Beneficiary designations on policies must be aligned so that the ILIT is listed as owner and beneficiary where intended. A pour-over will may serve as a backup for assets not previously titled to the revocable trust, but life insurance in an ILIT typically bypasses probate and the pour-over mechanism, emphasizing the importance of consistent planning across documents.
When an ILIT owns the policy, death benefits are paid to the trust and are distributed according to the trust terms. The trustee administers proceeds to meet obligations, pay debts or taxes as directed, and distribute funds to beneficiaries under the trust’s distribution standards. Because the proceeds are held and managed within the trust, they are generally not subject to probate and are handled privately according to the written instructions. Trustees should follow the trust document carefully, keep beneficiaries informed, and maintain documentation demonstrating how proceeds were received and disbursed to support transparent administration.
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