Why income and estate-tax free? Well, proceeds
from all life insurance policies are income-tax
free. But it's the stringent rules of the
irrevocable trust that allow those proceeds to be
estate-tax free as well.
Trust Your Better Judgment
Once you put the life insurance policy into a
trust, however, you relinquish control of it. That
means you can never borrow from it. If you do,
you're deemed to be the owner again, and it will be
included in your estate when you die.
In addition, once the money is in the trust and the
beneficiaries are chosen, you can't change your
mind later on. So if you leave the trust to your
son, who turns out to be a spendthrift, then you
may end up feeding his spending habit.
You'll need to hire a trustee to take care of the
trust because once it's set up, you no longer can
make any of the trust's decisions.
Your only responsibility is to keep giving the
trust money so that it can pay the annual premiums
on your life insurance policy. But giving money
away opens you up to gift-tax issues (Ugh! More
taxes!) so it is imperative that the trust is set
up properly.
Get a good attorney because the trust must be
written with a lot of technical jargon. The proper
technical jargon will allow the payments you make
to the trust to be sheltered by the annual gift-tax
exclusion. So, if the trust is written correctly,
for 2005, you would be able to give it $11,000
gift-tax free so it can pay the premiums. Your
spouse could then do the same. The trust can then
take that $22,000 and pay your insurance premiums.
And that's a lot of premiums!
One more downside: If you happen to die within
three years of establishing your irrevocable life
insurance trust, you're considered owner of the
life insurance policy and will owe estate taxes
anyway.