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Irrevocable Life Insurance Trust Attorney Serving Kentfield, CA

Complete Guide to Irrevocable Life Insurance Trusts for Kentfield Residents

An Irrevocable Life Insurance Trust (ILIT) can be an important component of a careful estate plan for families in Kentfield and throughout Marin County. At the Law Offices of Robert P. Bergman, our approach is to explain how an ILIT works, who typically benefits from one, and how it interacts with other estate planning documents such as wills, revocable living trusts, and powers of attorney. This guide will walk through the basic structure of an ILIT, common reasons people establish them, and practical considerations to help you decide whether this tool fits your family’s financial and legacy goals.

Choosing to create an ILIT involves several interrelated decisions about ownership, beneficiary designations, and tax planning. An ILIT removes a life insurance policy from a grantor’s taxable estate and places it under the control of trustees who manage policy ownership and distributions for beneficiaries. This can help preserve proceeds for heirs, fund estate obligations, or protect assets for loved ones with special needs. This section outlines how those elements come together and what to expect during the planning and funding stages, including coordination with retirement plan designations and other estate documents.

Why an Irrevocable Life Insurance Trust Matters for Your Estate Plan

An ILIT can offer several potential advantages when aligned with broader estate planning goals. It aims to remove life insurance proceeds from the settlor’s taxable estate, provide creditor protection for beneficiaries, and allow flexibility in timing and terms of distributions to heirs. For families with substantial life insurance policies, closely held businesses, or heirs with specific needs, an ILIT can preserve value that might otherwise be diminished by estate taxes or mismanagement. This discussion highlights the practical benefits, trade-offs in relinquishing direct control over a policy, and how an ILIT interacts with wills, trusts, and beneficiary designations.

About the Law Offices of Robert P. Bergman and Our Approach to ILITs

The Law Offices of Robert P. Bergman serves clients across Marin County, including Kentfield, with a focus on clear, client-centered estate planning and trust administration. Our team helps families evaluate how an ILIT fits with revocable living trusts, pour-over wills, powers of attorney, and other estate documents. We emphasize plain-language explanations, careful document drafting, and practical coordination with financial advisors and life insurance providers. Our goal is to deliver planning that is legally sound and tailored to each client’s family circumstances, reducing uncertainty and ensuring that arrangements reflect client intentions and changing life events.

Understanding Irrevocable Life Insurance Trusts: Key Concepts

An Irrevocable Life Insurance Trust is a legal arrangement where life insurance policies are owned by a trust rather than the individual insured. The trust is funded and managed according to terms set by the trust document, and payout proceeds are distributed to named beneficiaries under the trustee’s control. Establishing an ILIT involves transferring ownership of an existing policy or purchasing a new policy in the trust’s name. The trustee handles premium payments and policy administration, while the trust terms govern distributions, timing, and conditions for beneficiary access to proceeds.

There are several practical considerations when creating an ILIT, including timing of transfers, the ‘three-year rule’ for policies moved into a trust, premium funding strategies, and interactions with estate tax rules and income tax considerations. Selecting the trustee carefully, specifying distribution standards, and coordinating beneficiary designations with retirement or other accounts are important steps. An ILIT can be tailored to allow protection for minor beneficiaries, provide for special needs without jeopardizing benefits, or set staggered distributions to preserve long-term family support.

Definition and Mechanics of an Irrevocable Life Insurance Trust

An ILIT is a trust that holds life insurance policies outside the insured’s taxable estate, subject to federal estate tax rules and relevant state law. The grantor transfers a policy or funds to purchase a policy into the trust, with a trustee responsible for policy ownership, premium payments, and claims administration. The trust document governs who receives proceeds, when distributions occur, and any conditions or protections attached to the funds. Because the trust is irrevocable, the grantor generally cannot reclaim ownership, and careful drafting is required to align the trust with the grantor’s overall estate and tax planning objectives.

Key Elements and Steps in Establishing an ILIT

Establishing an ILIT typically involves drafting the trust document, naming a trustee and beneficiaries, transferring an existing policy or funding a new policy, and setting specific distribution terms. Attention to premium funding is necessary to ensure the trustee can maintain the policy. In some situations, annual gift tax exclusions are used to fund premium payments through beneficiary gifts to the trust. Trustees must keep careful records and coordinate with insurance companies and financial advisors. The trust should be reviewed periodically to reflect changes in family circumstances, tax law, and asset values.

Key Terms and Glossary for ILIT Planning

Understanding common terms will help you navigate ILIT planning and related documents. This section defines words you will encounter in trust documents, insurance forms, and estate planning discussions. Clear definitions reduce confusion when discussing ownership transfers, trustee duties, beneficiary rights, and tax implications. Becoming familiar with these terms supports informed decisions about funding strategies, trustee selection, and the relationship between an ILIT and other estate planning instruments such as revocable living trusts, wills, powers of attorney, and health care directives.

Grantor

The grantor is the person who creates and funds the trust by transferring property or paying premiums to purchase a policy in the trust’s name. In ILIT arrangements the grantor typically establishes the terms that guide trustee actions and beneficiary distributions. Once the trust is irrevocable, the grantor gives up direct ownership and certain rights over the property placed into the trust. The grantor’s role and intentions are central to how the trust operates and are reflected in the trust document, which should be drafted to align with the grantor’s estate planning objectives and family needs.

Irrevocable Trust

An irrevocable trust is a trust that generally cannot be modified or revoked by the grantor after creation, except as allowed by law or by terms in the trust document. This permanence provides specific estate and tax planning outcomes, including potential removal of assets from the grantor’s taxable estate. Because the grantor relinquishes control, the trust must be drafted thoughtfully to protect beneficiaries’ interests while meeting planning goals. Irrevocable trusts are commonly used for life insurance arrangements and for protecting certain assets from estate taxation and creditor claims.

Trustee

The trustee is the individual or entity charged with administering the trust according to its terms. Responsibilities include owning and maintaining the life insurance policy, making premium payments, filing claims, and distributing proceeds to beneficiaries as directed by the trust document. Trustees owe fiduciary duties to beneficiaries, including prudence in decision making, recordkeeping, and impartiality where appropriate. Choosing a trustee who is trustworthy and capable of handling administrative duties is a key decision when planning an ILIT.

Beneficiary

Beneficiaries are the persons or entities designated to receive proceeds or benefits from the trust. In an ILIT, beneficiaries may receive insurance proceeds as a lump sum or in staged distributions according to the trust’s terms. Beneficiary designations determine who benefits from the policy and how funds are used for support, education, special needs, or other purposes. Proper coordination between trust provisions and beneficiary designations on insurance policies and retirement accounts is essential to ensure intentions are carried out as intended.

Comparing Estate Planning Options Involving Life Insurance

When considering how life insurance fits into an estate plan, individuals can choose to own policies personally, name beneficiaries directly, hold policies in a revocable living trust, or place them in an ILIT. Each option has different implications for estate inclusion, creditor exposure, and control over proceeds. Direct ownership offers simplicity but may expose proceeds to estate taxes. A revocable trust allows coordination with a broader plan but does not remove the policy from the taxable estate. An ILIT aims to remove proceeds from the estate, but requires relinquishing ownership and careful administration.

When Direct Ownership or Simple Arrangements May Be Enough:

Smaller Estates or Modest Insurance Needs

For individuals with modest life insurance coverage and smaller overall estates, a simple ownership arrangement with direct beneficiary designations may be sufficient. In these situations, the costs and administrative steps required to create and fund an ILIT may outweigh its potential benefits. A straightforward beneficiary designation and coordination with a will or revocable trust can ensure that proceeds pass as intended without the complexity of irrevocable trust administration. It remains important to review beneficiary designations periodically to reflect changing family dynamics or financial circumstances.

Short-Term Coverage or Transitional Needs

When life insurance is intended primarily for short-term needs, such as covering a mortgage or temporary family obligations, holding a policy personally may be appropriate. Policies with short durations or specific transitional purposes can be managed through direct ownership and simple beneficiary planning. In such cases, the priority may be cost-effectiveness and ease of administration rather than minimizing estate inclusion. Regular review ensures policy terms and beneficiaries still match the intended purpose and family circumstances remain aligned with planning goals.

Why a Comprehensive Approach to Life Insurance and Estate Planning Can Be Advantageous:

Large Estates, Tax Considerations, or Complex Family Situations

For individuals with larger estates, significant insurance policies, or complex family dynamics, a comprehensive planning approach can create clarity and reduce unintended tax or distribution outcomes. A coordinated plan involving an ILIT, revocable trusts, wills, and financial accounts helps align beneficiary designations and trust provisions. This coordination can help manage potential estate tax exposure, protect assets for vulnerable beneficiaries, and ensure proceeds serve long-term family objectives. Careful drafting and ongoing maintenance are required to keep the plan effective as laws and family situations evolve.

Business Interests or Unique Asset Structures

Individuals who own businesses, interests in partnerships, or other less-liquid assets can benefit from comprehensive planning that integrates life insurance strategies to address continuity and liquidity needs. An ILIT can be structured to provide funds for buy-sell arrangements, to equalize inheritances among heirs with differing interests in a business, or to satisfy estate obligations without selling core assets. Coordination with business agreements, retirement plan beneficiary designations, and trust provisions is important to accomplish these goals while minimizing disruption to business operations and preserving family wealth.

Advantages of a Coordinated ILIT and Estate Plan

A coordinated approach aligns the ILIT with other estate planning documents to achieve consistent outcomes for beneficiaries. This can reduce the risk of conflicting beneficiary designations, unexpected estate inclusion, or administrative delays after a death. A well-integrated plan helps ensure that life insurance proceeds are available when needed to meet obligations, provide for family members, or support long-term wishes. It also gives trustees clear guidance on distributions and provides heirs with an orderly process for accessing funds according to the grantor’s intent.

Another benefit is the ability to tailor distribution standards to particular family circumstances, such as support for minor children, assistance for beneficiaries with disabilities, or protection from creditor claims. By setting clear terms within an ILIT and coordinating with powers of attorney and health care directives, clients can help ensure continuity of decision making and financial support. Periodic reviews maintain alignment with tax law changes and family developments, preserving the plan’s effectiveness through life transitions and generational changes.

Estate Tax Mitigation and Liquidity Planning

An ILIT can assist with estate tax planning by removing insurance proceeds from the grantor’s taxable estate when structured correctly. This preserves funds to cover estate taxes, debts, and administration expenses without forcing the sale of closely held assets. Liquidity from life insurance helps maintain business continuity, provides for funeral and final expenses, and ensures heirs receive timely financial support. Strategic drafting and funding help maintain the policy and document the arrangements needed to achieve these tax and liquidity objectives effectively.

Protecting Beneficiaries and Controlling Distribution Timing

Through an ILIT, a grantor can set terms that control when and how beneficiaries receive proceeds, which may be especially helpful when beneficiaries are minors, have disabilities, or have histories of financial instability. Trust provisions can specify staged distributions, educational funding, or discretionary distributions for health and support. This structure can shield assets from creditors and provide a fiduciary framework for managing proceeds. Carefully drafted distribution standards give trustees guidance while keeping the grantor’s intentions central to post-mortem financial decisions.

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Practical Tips for ILIT Planning

Coordinate Beneficiary Designations

Ensure beneficiary designations on life insurance policies and retirement accounts align with the provisions of your ILIT and other estate documents. Without coordination, direct beneficiary designations can override trust provisions or create unintended estate inclusion. Regularly review and update designations after life changes such as marriage, divorce, births, or deaths. Keep clear records of transfers and communications with insurers so trustees can access necessary documentation quickly. This proactive coordination reduces the potential for administrative delays and helps ensure your wishes are honored as part of an integrated estate plan.

Plan for Premium Funding

When an ILIT owns a policy, the trustee must have a reliable means to pay premiums. Common approaches include gifting funds to the trust each year to cover premiums, setting up annual gift contributions within exclusion limits, or arranging for trusts to hold other liquid assets to support premium obligations. Consider the long-term sustainability of the funding method and how it fits with your overall financial plan. Clear instructions in the trust document and cooperation with family members or agents can prevent lapses in coverage that would undermine the ILIT’s purpose.

Choose Trustees Thoughtfully

Selecting the right trustee is a key decision in ILIT planning. Trustees should be able to manage administrative tasks, maintain records, and follow trust terms. Consider whether an individual trustee, a corporate trustee, or a combination is best for your family’s needs. Provide guidance in the trust document about trustee powers, successor trustees, and compensation to minimize conflicts and ensure continuity. Regular communication about the role and responsibilities can help trustees perform their duties efficiently when the time comes to administer the trust.

Reasons to Consider an Irrevocable Life Insurance Trust

People consider establishing an ILIT to address estate tax exposure, provide creditor protection for insurance proceeds, ensure controlled distributions to heirs, and preserve family wealth across generations. An ILIT is often part of a larger estate planning strategy that includes wills, trusts, powers of attorney, and advance health care directives. It can be especially useful for individuals who hold significant life insurance outside of other trusts or who wish to separate policy ownership from personal assets to achieve specific financial goals and provide long-term support to family members.

An ILIT may also be appropriate for owners of businesses or real estate who want to make liquidity available at death without forcing a sale of business interests or property. Trust-based arrangements help set expectations for how proceeds will be used, prevent immediate co-ownership disputes, and support orderly succession planning. Clients should weigh the benefits of estate inclusion reduction against the permanence of an irrevocable arrangement and examine how the ILIT affects retirement account beneficiary designations and overall estate liquidity.

Common Situations Where an ILIT Is Considered

Typical circumstances that prompt consideration of an ILIT include substantial life insurance holdings, the need to provide for minor or disabled beneficiaries, business succession planning, or concerns about estate tax liability. Families seeking to protect proceeds from creditors, divorce settlements, or beneficiary mismanagement often use trust structures to add a layer of legal control. Each family’s circumstances are unique, and determining whether an ILIT is appropriate involves reviewing assets, goals, family dynamics, and tax implications to build a plan that aligns with personal priorities.

High Life Insurance Coverage Relative to Estate Size

When life insurance proceeds represent a large portion of a decedent’s potential taxable estate, an ILIT can help prevent those proceeds from being included in the estate’s taxable value. This may preserve more wealth for heirs by avoiding additional estate tax burdens. Careful timing of transfers and thorough documentation are necessary to achieve the intended outcome, and grantors should be mindful of rules that treat certain transfers as includable depending on when the trust is funded or when ownership changes occurred.

Protecting Funds for Vulnerable Beneficiaries

Families with beneficiaries who are minors, have disabilities, or have difficulty managing money often use ILIT structures to provide ongoing support while protecting assets from misuse. Through trust provisions, a grantor can define permissible uses for funds such as health, education, maintenance, and support. The trustee has discretion to administer distributions responsibly, and the trust can include language designed to preserve beneficiary eligibility for government benefits where needed. This combination of control and protection supports longer-term financial stability for vulnerable heirs.

Business Succession and Liquidity Needs

Business owners frequently use life insurance within trusts to provide liquidity to meet buy-sell payments, fund estate tax obligations, or equalize inheritances among family members when business interests are illiquid. An ILIT can be structured to provide immediate funds to buy out heirs who do not participate in the business or to keep the business operating while heirs decide on long-term succession. Doing so in advance helps reduce conflict and provides a financial backstop for both family and business continuity.

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Local Attorney Services for Kentfield and Marin County

The Law Offices of Robert P. Bergman provides individualized legal services for residents of Kentfield and nearby Marin County communities. We assist with ILIT formation, coordination with revocable living trusts and wills, and related estate planning instruments such as powers of attorney and HIPAA authorizations. Our approach emphasizes clear communication, thorough document drafting, and practical solutions that consider both family needs and tax implications. We make ourselves available to discuss your goals, review existing documents, and create a plan that reflects your wishes and provides peace of mind for your loved ones.

Why Clients Choose Our Firm for ILIT and Estate Planning

Clients select our firm for thoughtful planning tailored to family circumstances and long-term objectives. We focus on clear explanations of legal concepts, careful drafting of trust provisions, and coordination of life insurance ownership and beneficiary designations to produce cohesive results. Our services encompass initial planning, funding coordination, trustee guidance, and updates to documents as life events occur. We prioritize practical outcomes that help families manage tax exposure, protect beneficiaries, and preserve assets across generations.

We place emphasis on accessible communication so clients understand the steps involved in creating and maintaining an ILIT. From identifying appropriate trustees to documenting transfers and working with insurers, our process is designed to reduce uncertainty and avoid costly mistakes. We also coordinate with financial advisors, insurance agents, and accountants when necessary to ensure funding and tax considerations are addressed. This collaborative approach supports a smooth implementation that aligns legal documents with client goals and financial arrangements.

We also assist clients with related estate planning documents such as revocable living trusts, pour-over wills, health care directives, financial powers of attorney, and guardianship nominations. This integrated planning helps ensure that life insurance and other assets fit into a coherent plan for incapacity and after-death administration. Regular reviews and updates keep plans current, and we provide practical guidance to trustees and family members charged with administering or benefiting from trust arrangements.

Contact the Law Offices of Robert P. Bergman to Discuss ILIT Options

Our Process for Establishing an ILIT and Coordinating Estate Documents

Our process begins with a detailed review of your existing estate documents, insurance policies, and family objectives. We meet to clarify goals, review assets and beneficiary designations, and discuss funding strategies for premiums. After agreement on the plan, we draft the trust document, coordinate with life insurance carriers to transfer or issue policies, and prepare related documents such as pour-over wills, powers of attorney, and HIPAA authorizations. We then review implementation steps with trustees and beneficiaries and schedule follow-up reviews to keep plans aligned with changing circumstances.

Initial Consultation and Document Review

The first step is a comprehensive consultation to discuss your goals, family circumstances, and existing documents. We review current policies, beneficiary designations, wills, trusts, and financial accounts to identify how an ILIT would integrate with your plan. This stage clarifies whether transfer of an existing policy or purchasing a new policy within the trust is appropriate, and helps estimate funding needs. We also explain timing considerations and any tax implications so you can make informed decisions about next steps.

Assessing Assets and Policy Ownership

During the assessment we catalogue life insurance policies, account ownership, retirement plan beneficiaries, and other assets that may interact with an ILIT. Understanding who currently owns policies and where beneficiaries are designated allows us to identify necessary changes to align ownership and beneficiary designations with trust terms. This review prevents conflicts and unintended estate inclusion, and it helps develop a clear plan for funding premiums and maintaining coverage over time.

Discussing Goals and Family Considerations

We spend time understanding your family dynamics, concerns about creditor protection, and long-term objectives for beneficiary support. Discussing potential distribution timing and standards informs the trust drafting process so the ILIT reflects your values and practical needs. Conversations about trustees, successor trustees, and recordkeeping responsibilities also take place at this stage to ensure the administrative aspects of the trust will function smoothly when needed.

Drafting the Trust and Coordinating Funding

After decisions are made about ownership and funding, we draft the ILIT document tailored to your goals. The document defines trustee powers, distribution instructions, and mechanisms for funding premium payments. We coordinate with insurers on policy transfers or new policy issuance and prepare transfer-of-ownership paperwork when required. If annual gifts are used to fund premiums, we advise on documentation and compliance with gift tax rules. The paperwork stage is handled carefully to minimize the risk of unintended tax consequences.

Trust Drafting and Trustee Instructions

The trust document includes clear instructions for trustees regarding premium payment responsibilities, claims procedures, and distribution criteria. It also names successor trustees and addresses trustee compensation and recordkeeping. Drafting prioritizes clarity to reduce potential disputes and provide straightforward guidance for trustees who will manage the policy and distribution of proceeds to beneficiaries.

Insurance Carrier Coordination and Transfer Steps

We work directly with insurance carriers to execute ownership transfers or to issue a new policy in the trust’s name. This involves completing assignment forms, beneficiary designations, and any required endorsements. Proper documentation is essential to ensure the policy is recognized as trust property and to avoid triggers that could cause estate inclusion. We confirm premium payment logistics and document communications so trustees have a clear administrative roadmap.

Implementation, Ongoing Administration, and Reviews

Once the ILIT is funded and in place, trustees must administer the trust according to its terms, make or receive premium funding, and maintain records. We provide guidance to trustees on claims procedures, recordkeeping, and periodic reviews. Regular reviews are recommended to ensure the trust continues to reflect family changes and legal developments. We also assist with successor trustee transitions, amendments where legally permissible, and coordination with other estate plan updates to maintain alignment over time.

Trustee Guidance and Record Maintenance

We advise trustees on best practices for maintaining records of premium payments, communications with insurance companies, and documentation of distributions. Good recordkeeping reduces administrative delays and provides clarity if questions arise. Trustees should keep copies of trust documents, policy contracts, and signed transfer forms, and coordinate with family members and advisors to facilitate smooth administration when benefits become payable.

Periodic Reviews and Adjustments

Periodic reviews ensure the ILIT and broader estate plan remain effective as personal circumstances and laws change. Reviews focus on funding sufficiency, trustee performance, beneficiary needs, and coordination with retirement account beneficiary designations. We recommend scheduled check-ins to update documents and address any developments that could affect the trust’s operation or objectives.

Frequently Asked Questions About ILITs

What is an Irrevocable Life Insurance Trust and how does it work?

An Irrevocable Life Insurance Trust is a trust that owns a life insurance policy, with the trust document specifying how proceeds will be handled and who will receive distributions. The grantor transfers ownership of an existing policy or arranges for a new policy to be purchased in the trust’s name, and then the trustee manages premiums, files claims, and distributes proceeds to beneficiaries according to the trust terms. Because the trust owns the policy, the proceeds may be kept outside the grantor’s taxable estate if timing and transfer rules are properly observed. Creating an ILIT means the grantor gives up direct ownership of the policy, so decisions about the policy’s handling are made by the trustee under the trust’s rules. The trust document should clearly define trustee duties, distribution standards, and procedures for premium funding and claims. Proper drafting and administration help ensure the ILIT functions as intended and integrates with the grantor’s broader estate planning goals.

When a policy is owned by an ILIT, beneficiary designations are set by the trust document rather than by the insurance company’s individual beneficiary forms. It is important to coordinate beneficiary designations and policy ownership so there are no conflicts that could override trust terms. If a direct beneficiary designation remains on the life insurance contract naming an individual rather than the trust, that designation may control unless changed or unless the trust is designated properly as owner and beneficiary when intended. Changing beneficiaries after the policy has been transferred to an ILIT may be limited by the trust’s irrevocable terms. To avoid unintended outcomes, individuals should work with counsel to update policy ownership records, make any necessary beneficiary designation changes, and document transfers clearly with the insurer. This prevents surprises and ensures the trust governs distributions according to the grantor’s wishes.

Premium funding for an ILIT is commonly handled through annual gifts to the trust, which the trustee then uses to pay premiums. Grantors may use annual gift tax exclusion amounts to transfer funds into the trust for this purpose, and keep records of the gifts so that the trustee can demonstrate proper funding. Alternatives include placing other liquid assets in the trust to produce income for premiums or arranging family contributions structured to comply with tax regulations and the trust’s terms. It is important to document premium gifts and any payment arrangements carefully. Trustees should maintain detailed records of premiums paid and communications with the insurance company to preserve the intended tax and estate outcomes. Coordinating with financial advisors can help ensure that the funding method is sustainable and aligned with the grantor’s financial plan.

Life insurance proceeds may be excluded from the grantor’s taxable estate when the policy is owned by an ILIT and the transfer rules are met. One important consideration is the timing of transfers: if a grantor transfers an existing policy into an ILIT within three years of death, certain tax rules may cause the proceeds to be included in the estate. Proper planning often involves establishing the ILIT and transferring ownership well in advance or purchasing a new policy directly in the trust’s name to avoid these timing issues. Drafting details and administration also affect estate inclusion outcomes. Trustees should follow the trust terms, maintain comprehensive records, and ensure that ownership and beneficiary designations are correctly documented with insurers. Coordinating these steps helps preserve the intent to keep proceeds outside the taxable estate when consistent with applicable law.

An ILIT can provide a level of protection for proceeds from creditors and certain claims because the trust, rather than the individual, owns the policy. When proceeds are held and distributed by a trustee according to trust terms, beneficiaries may receive funds in a way that insulates them from immediate creditor access in some situations. The trust’s structure and distribution provisions determine the degree of protection, and legal exceptions may apply depending on the type of creditor claim or family law matter involved. In matters of divorce, the protection an ILIT provides will depend on the timing, jurisdictional rules, and whether trust distributions are considered marital assets. Advance planning and clear trust language can help reduce the risk that proceeds will be treated as available for settlement, but clients should review their plans in light of family law considerations. Coordination with family law counsel may be advisable when there are concerns about potential divorce proceedings.

If the ILIT owns a policy with a cash value component, the trust terms determine whether the trustee may access that cash value for premiums, policy loans, or other purposes. In many arrangements, trustees can exercise policy loan provisions or access accumulated cash value in accordance with trust instructions. The grantor typically cannot directly access these assets once the trust is irrevocable, so policy servicing must be handled by a trustee who follows the trust’s directives. Trustees should consider how cash value interactions affect the policy’s long-term viability and the trust’s objectives. Using cash value to pay premiums may preserve coverage, but could affect the ultimate death benefit depending on loan interest and repayment. Documenting trustee authority and discussing options with the insurer helps ensure decisions are made consistent with the grantor’s goals and the trust’s terms.

Trustee selection is important because trustees manage the policy, make premium payments, file claims, and distribute proceeds according to trust terms. A trustee who is dependable and organized can reduce administrative friction and help ensure that the policy remains in force and that distributions occur smoothly. Many clients consider family members, trusted friends, or professional fiduciaries for this role, balancing trustworthiness, availability, and familiarity with financial and administrative tasks. Naming successor trustees and defining clear instructions for trustee powers and compensation reduces the risk of gaps in administration. Successor trustees ensure continuity if the primary trustee becomes unavailable. Including clear recordkeeping and communication expectations in the trust document also helps trustees fulfill their duties with minimal uncertainty or dispute among beneficiaries.

An ILIT can be structured to support a beneficiary with disabilities while protecting eligibility for public benefits, but careful drafting is required. A trust that directly provides funds to a beneficiary may affect means-tested benefits, so language establishing a separate supplemental needs trust or directing funds to pay for items that do not count as income for benefit purposes is often used. The trust should avoid direct distributions that would disqualify the beneficiary from receiving public assistance when preservation of benefits is important. Coordination with an attorney familiar with public benefits and disability planning ensures that the trust’s distribution standards maintain benefit eligibility while enhancing quality of life. Including provisions that permit discretionary payments for medical care, education, and support without disturbing public benefits can provide both protection and flexibility for the beneficiary.

Periodic reviews of an ILIT and related estate documents are recommended at least every few years or when major life events occur. Events that prompt a review include births, deaths, marriages, divorces, significant changes in asset values, business transactions, or changes in tax law. Regular reviews help ensure the trust remains aligned with your wishes and continues to function as intended with respect to funding, trustee roles, and beneficiary needs. During reviews, we update funding strategies, confirm policy ownership and beneficiary designations, and revise trust provisions as permitted by law to match current objectives. Maintaining ongoing communication with financial advisors and insurers helps keep records up to date and prevents administrative issues that could undermine the trust’s intended outcomes.

Before meeting to discuss an ILIT, gather existing estate planning documents such as wills, revocable living trusts, powers of attorney, and health care directives. Bring current life insurance policies, statements showing ownership and beneficiaries, retirement account information, and documentation of any business interests or real property that could influence planning decisions. Having recent statements and policy contact information accelerates the review process and helps identify coordination issues. Also prepare a list of potential trustees and beneficiaries and a summary of your goals for the insurance proceeds, whether for family support, estate tax planning, business succession, or other purposes. This information enables a productive initial meeting where we can outline options, discuss funding strategies, and begin drafting documents tailored to your objectives.

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