Contenu connexe Similaire à Fundamentals Of Estate Planning (20) Fundamentals Of Estate Planning1. Fundamentals of
Estate Planning
page 1 cn51498112010 ©2009. ING North America Insurance Corporation
1
2. Disclosures
Neither ING nor its affiliated companies or representatives give tax or
legal advice. For complete details regarding your individual situation
consult with your tax or legal advisors.
These materials are not intended to be used to avoid tax penalties,
and were prepared to support the promotion or marketing of the matter
addressed in this document. You should seek advice from an
independent tax advisor.
Life insurance products are issued by Security Life of Denver
Insurance Company (Denver, CO), ReliaStar Life Insurance Company
(Minneapolis, MN), and ReliaStar Life Insurance Company of New
York (Woodbury, NY). Within the state of New York, only ReliaStar
Life Insurance Company of New York is admitted, and its products
issued. All companies are members of the ING family of companies.
page 2 cn51498112010 ©2009. ING North America Insurance Corporation
2
3. Why is an Estate Plan Important?
An Estate Plan can help you to:
Preserve assets and wealth.
Ensure your assets are distributed according to your
wishes to the right people at the right time.
Minimize or defer taxation.
page 3 cn51498112010 ©2009. ING North America Insurance Corporation
Why is an estate plan important? The estate tax is probably the largest single tax you
are ever likely to pay. With the highest maximum rate at slightly under 50%, it’s
important that you create a plan that’s right for you and your heirs.
An estate plan can help you to:
•Preserve assets and wealth.
•Ensure your assets are distributed according to your wishes to the right people at
the right time.
•Minimize or defer taxation.
Let’s take a look at a brief overview of this subject.
3
4. Overview of Estate Planning
What’s included in my estate?
How much to whom?
How is my estate transferred?
What are the costs of estate settlement?
page 4 cn51498112010 ©2009. ING North America Insurance Corporation
Before you create a plan, it’s important to understand what’s included in your estate.
You also need to consider what you want to leave and to whom.
The mechanics of transferring an estate and the settlement costs involved can be
complicated and costly.
Before you can create an effective plan, it’s important to understand how each of
these items work and the impact each of these items on your plan.
4
5. Your estate consists of
everything you own or
control, including…
page 5 cn51498112010 ©2009. ING North America Insurance Corporation
First of all, your estate consists of everything you own or control, including…
5
6. Tangible Assets
Your home and other real estate
Your vehicles, boats and recreational vehicles
Jewelry and other valuables
Precious metals, coins and collectibles
Personal possessions, furniture, etc.
Business holdings
page 6 cn51498112010 ©2009. ING North America Insurance Corporation
All of your tangible assets. In fact, your estate is probably made up of 2 different
types of assets – tangible and intangible.
Tangible assets include:
•Your home and other real estate.
•Your vehicles, boats, and recreational vehicles.
•Jewelry and other valuables.
•Precious metals, coins, and collectibles.
•Personal possessions, such as furniture and appliances.
•Your business holdings.
6
7. Intangible Assets
Your bank accounts
Annuities
Financial Portfolio
Stocks and bonds
Mutual funds
Retirement plan proceeds
Life insurance death benefits
page 7 cn51498112010 ©2009. ING North America Insurance Corporation
Your intangible assets might include:
•Your bank accounts.
•Annuities.
•Stock and bonds.
•Mutual funds.
•Retirement plan proceeds and IRA accounts.
•Life insurance death benefits.
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8. How Much to Whom?
Private Property Real Estate Financial Portfolio Business Holdings
Your Family The Government
Charity
page 8 cn51498112010 ©2009. ING North America Insurance Corporation
The really important question is: How much of your estate do you want to leave to
your family, to charity, or to the government?
The decisions you make as a part of your estate plan will directly impact the answer
to this question.
8
9. How is my estate
transferred?
page 9 cn51498112010 ©2009. ING North America Insurance Corporation
Let’s start with the basic issue of how your estate is transferred. Understanding how
an estate is transferred is an important step to creating the right plan.
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10. When you die your assets are legally transferred
in 4 ways:
By direct transfer
By joint ownership
Through probate
Through trusts
page 10 cn51498112010 ©2009. ING North America Insurance Corporation
When you die, your assets are legally transferred in one of 4 ways:
•By direct transfer (such as a beneficiary designation on a checking account).
•By joint ownership (such as holding the title to your house in both spouses’ names).
•Through probate (we will talk more about this later).
•And through trusts (we will also cover this topic).
10
11. Direct Transfer Assets
Assets that have a beneficiary designation or a payable-on-
death clause are transferred directly to the new owner:
Savings accounts
Certificates of deposit
401(k) and other retirement plans
Traditional and Roth IRAs
Tax-deferred annuities
Life insurance
page 11 cn51498112010 ©2009. ING North America Insurance Corporation
Direct Transfer assets have a specific beneficiary designation or a payable-on-death
clause. These assets are transferred directly to the new owner by law.
Examples of assets that may have a beneficiary designation or a payable-on-death
clause include:
•Savings accounts.
•Certificates of deposit.
•401(k) and other retirement plans.
•Traditional and Roth IRAs.
•Tax-deferred annuities.
•Life insurance.
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12. Joint Ownership
Joint Tenancy with Right of Survivorship
(JTWROS): Two or more people own the
same asset with an undivided interest.
100%
Tenants in Common: Two or more people
own the same asset, often in different
percentages.
Community Property: Assets are owned x% y%
equally by the husband and wife if the
assets were acquired during marriage while
living in a community property state.*
*Community property states are AZ, CA, ID, LA, NV, NM, TX, WA and WI.
page 12 cn51498112010 ©2009. ING North America Insurance Corporation
The issue of joint ownership is a very important one that many people don’t think
about much. A joint ownership designation may preclude your current transfer
desires. It’s important to look at how your assets are titled because property that is
jointly owned transfers by law based on the nature of the joint ownership
designation, rather than by virtue of any wishes you may express in your will.
Joint ownership can be titled in several ways:
•Joint Tenancy with Right of Survivorship – This is a common designation for
married couples, where both spouses own an undivided interest in the property.
When one spouse dies, the other spouse automatically owns the entire asset.
•Tenants in Common – This designation allows 2 or more people to own the same
asset in designated percentages. When one owner dies, their percentage ownership
will pass to their designated heirs as set forth in their will (if they have one) or by
state law.
•Community Property – This is a common designation in community property
states. (Community property states include Arizona, California, Idaho, Louisiana,
Nevada, New Mexico, Texas, Washington, and Wisconsin.)
.
12
13. Probate
Probate is the court-supervised process that
identifies what you own at death and distributes
your assets according to your wishes if you left a
will, or else according to state law.
page 13 cn51498112010 ©2009. ING North America Insurance Corporation
Transfers also occur through the process that is called “probate.” Probate is the
court-supervised process that identifies what you own at death and distributes your
assets according to your wishes, if you left a will, or else according to state law.
The more assets that pass through probate, the more costly your settlement costs
may be.
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14. Probate
If you die without a will:
The Probate Court determines who administers your
estate and cares for your minor children
A Court appointed conservator manages the assets for
minor children and the children will get the assets at age
18.
All children are treated equally, even if they have different
needs.
Stepchildren may be excluded.
Remote relatives may receive assets that you wanted to
leave to friends or charity.
Your estate may pay unnecessary taxes and expenses.
page 14 cn51498112010 ©2009. ING North America Insurance Corporation
If you die without a will, your estate will pass through probate and the probate court
will determine who administers your estate and cares for your minor children. The
probate court will appoint a conservator or guardian-ad-litem for those assets that
will go to minor children, and the assets will be released to those children when they
reach age 18. Regardless of need or ability, all children will be treated equally. And
contrary to your wishes, most state law excludes stepchildren from the distribution
of your assets. In fact, instead of those closest to you, probate may result in remote
relatives receiving assets that you really wanted to leave to friends or charity.
Finally, probate may result in your estate paying unnecessary taxes and expenses.
14
15. Probate
If you die with a will, your will allows you to:
Designate the person or institution you want to handle
your affairs.
Indicate which people or organizations you want to receive
specific assets.
Control the terms of asset distribution.
Indicate who you want to care for your minor children.
Take advantage of estate tax-saving strategies.
page 15 cn51498112010 ©2009. ING North America Insurance Corporation
If you leave a will, your estate will still go through probate, but the process will be
much different. The existence of a valid will permits you to:
•Designate the person or institution (such as a bank or trust company) that you want
to handle your affairs.
•Indicate which people or organizations you want to receive specific assets.
•Be able to control the terms of asset distribution (such as certain assets at certain
ages to your children).
•Be able to designate who you want to care for your minor children.
•And be able to plan ahead to take advantage of estate tax-saving strategies in your
estate plan.
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16. Probate
In most states, the probate process consists of:
Establishing whether a valid will exists.
Appointing an executor or personal representative to
manage your estate during probate.
Valuing everything you owned at your death.
Receiving claims against the estate.
Paying taxes and claims.
Settling disputes about asset distribution.
Distribution of the estate assets.
page 16 cn51498112010 ©2009. ING North America Insurance Corporation
So how does this probate process work?
In most states, the probate process consists of:
•First of all establishing whether a valid will exists.
•The appointment of an executor or personal representative to manage your estate
during the probate process.
•The valuing of everything you owned at your death. This may require appraisals
and other expert opinions.
•Receiving claims against your estate within a certain time period, or the claims will
forever be barred.
•Paying your taxes, debts, and the valid claims made against your estate.
•Settling any disputes about asset distribution among your heirs or other claimants.
•And finally, the distribution of your assets to the persons you designated.
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17. Trusts
An Intervivos or Living Trust:
Intervivos
Is established during your lifetime. or
Living
Takes effect when funded. Trust
Provides lifetime financial management of assets owned
by the trust.
Transfers assets at death.
Avoids probate.
page 17 cn51498112010 ©2009. ING North America Insurance Corporation
Remember that I mentioned that assets can also be transferred by trust. Assets that
are owned by a trust are distributed outside of probate and are not subject to the
probate process.
There are several different types of trusts. The most common type is an intervivos or
living trust. This simply means that it is a trust that is established while you are still
alive (intervivos). It takes effect when you put assets into the trust (it is funded).
What such a trust can do for you is to provide lifetime financial management of all
of the assets owned by the trust. Who does that management? You can do it
yourself, or you can designate someone else to be the trustee. Those assets owned by
the trust transfer at your death according to the terms of the trust, without going
through the probate process.
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18. Trusts
A Testamentary Trust:
Testamentary
Is established as part of your will. Trust
Takes effect when you die.
Allows you to own and control the assets until your death.
Establishes the conditions under which the beneficiaries
will receive the assets (e.g.: age).
Can be used to reduce or defer estate taxes.
page 18 cn51498112010 ©2009. ING North America Insurance Corporation
A testamentary trust is different from a living trust because it is established as a part
of your will when you die. It has no existence or effect until you die. Such a trust
does allow you to establish the conditions under which your beneficiaries will
receive the assets (for example, the age at which your children will receive certain
assets). Such a trust can also be used to reduce or defer estate taxes and some estate
settlement costs.
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19. Transfer of Assets to a Trust
Grantor Trustee Beneficiaries
• Transfers • Legally owns • Receive
ownership trust assets. trust
of assets • Follows trust assets as
to the trust. instructions. specified
• Manages assets in the trust
for the benefit of document.
the beneficiaries.
page 19 cn51498112010 ©2009. ING North America Insurance Corporation
So how does a trust work? It’s really quite simple. When you set up a trust, the
grantor (you) transfers ownership of his or her assets to the trust.
A trustee is selected by the grantor. That trustee legally owns the trust assets. It’s the
trustee’s job to manage the assets for the benefit of the beneficiaries you have
designated, according to the specific instructions contained in the trust document.
The beneficiaries then receive the trust assets as specified in the trust document.
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20. What are the costs of
Estate settlement?
page 20 cn51498112010 ©2009. ING North America Insurance Corporation
What about the subject of estate settlement costs? What are they, and why do we
talk so much about them?
20
21. Estate Settlement Costs
Death triggers a long list of costs
that must be paid from your
estate.
page 21 cn51498112010 ©2009. ING North America Insurance Corporation
Death triggers a long list of costs that must be paid from your estate. These can be
quite significant.
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22. Estate Settlement Costs
Funeral,
medical,
and burial
expenses.
page 22 cn51498112010 ©2009. ING North America Insurance Corporation
They include your funeral, medical, and burial expenses.
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23. Estate Settlement Costs
Funeral, medical, and burial
expenses:
Estate Valuation &
Distribution Costs
Appraisals
Court Costs
Business Valuation
Legal & Accounting Fees
Executor/Administrator
Expenses
page 23 cn51498112010 ©2009. ING North America Insurance Corporation
There are also costs associated with valuation, as well as distribution, of your assets
such as:
•Appraisals – The assets in your estate must be valued in order to determine whether
taxes may be due and also to establish the tax basis of those assets in the hands of
your beneficiary.
•Court-related costs.
•Costs associated with the valuation of business interests.
•Legal and accounting fees.
•And the costs and expenses associated with the activities of your executor or
administrator.
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24. Estate Settlement Costs
Funeral, medical, and burial
Payment of Debts expenses
Estate valuation and
distribution costs
Appraisals
Court Costs
Business Valuation
Legal & Accounting Fees
Executor/Administrator
Expenses
page 24 cn51498112010 ©2009. ING North America Insurance Corporation
An important part of the probate process of making sure that all valid debts of the
deceased have been properly taken care of. This includes any outstanding personal
or business loans, monthly bills, credit cards, mortgages, etc.
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25. Estate Settlement Costs
Funeral, medical, and burial
Federal & State expenses
Estate Taxes Estate valuation and
distribution costs
Appraisals
Court Costs
Business Valuation
Legal & Accounting Fees
Executor/Administrator Expenses
Payment of Debts
page 25 cn51498112010 ©2009. ING North America Insurance Corporation
An important part of the probate process of making sure that all valid debts of the
deceased have been properly taken care of. This includes any outstanding personal
or business loans, monthly bills, credit cards, mortgages, etc.
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26. But I thought
the estate tax
was repealed!
page 26 cn51498112010 ©2009. ING North America Insurance Corporation
But, you might say, I read in the newspaper that the federal estate tax was repealed
by Congress. Why should I worry about federal estate taxes?
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27. Estate Taxes
The Economic Growth and Tax Relief Reconciliation Act
of 2001 (EGTRRA):
Estate taxes are NOT immediately and permanently
repealed:
• Gradual and temporary reform of estate tax system.
• Repeal occurs only for those dying in 2010.
• Entire law “sunsets” (terminates) in 2011 unless Congress
enacts new legislation.
• States are enacting their own death taxes.
page 27 cn51498112010 ©2009. ING North America Insurance Corporation
In fact, many people believe that the Economic Growth and Tax Relief
Reconciliation Act of 2001 repealed the federal estate tax.
Sound bites heard in the news have caused many people to misunderstand the
changes that were brought about by this Act. In fact, the federal estate tax was NOT
immediately and permanently repealed. EGTRRA called for a gradual and
temporary reform of the federal estate tax system.
Repeal of the federal estate tax only occurs for those dying in 2010 – this is the
“Sunset” year. If you have control over the date of your death, then you will be a
beneficiary of this legislation. However, if you don’t have such control, or you don’t
chose to die in 2010, then if Congress does not enact new legislation before 2011,
the old estate tax rates in effect before EGTRRA will return. This means a
maximum tax rate of 55% could be in effect when you die.
In the meantime, due to economic constraints and the loss of federal estate tax
sharing by the federal government, many states are enacting their own death taxes to
make up for shortfalls in their state budgets. And in some cases, these state death
taxes may be more than the federal estate tax!
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28. Highest Federal Estate Tax Bracket
Year Percent Year Percent
2001 = 55% 2007 = 45%
2002 = 50% 2008 = 45%
2003 = 49% 2009 = 45%
2004 = 48% 2010 = 0
2005 = 47% 2011 = 55%
2006 = 46%
page 28 cn51498112010 ©2009. ING North America Insurance Corporation
It is also important to remember that the federal estate tax is really a transfer tax
because it applies to property that is transferred both during your lifetime and at
your death. This tax is progressive, which means that as the estate value increases,
the estate tax rate increases. For instance, the estate tax brackets start at 18% on
amounts above $10,000, while on an estate of $3,000,000 the transfer tax can be as
high as 55%.
Since the Economic Growth and Tax Relief Reconciliation Act of 2001 includes a
sunset provision, this means that none of the Act’s provisions apply to any tax year
beginning after Dec. 31, 2010. In other words, as I mentioned, unless Congress
passes new legislation in time, on Jan. 1, 2011, all the provisions contained in
EGTRRA revert to the tax laws in effect prior to June 7, 2001. This includes the
federal estate tax.
At this point in time, many estate planners are suggesting that people do their estate
planning based on the rules that were in place prior to June 7, 2001. By taking this
approach and planning for the federal estate tax, the worst case scenario is that your
family will end up with more than you planned.
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29. Estate Settlement Costs
Sources of funds to pay estate settlement costs:
Use cash
Sell assets
Borrow money
Pre-pay with life insurance
page 29 cn51498112010 ©2009. ING North America Insurance Corporation
How does your estate find the funds needed to pay your estate settlement costs?
There are several sources.
Your heirs can:
•Use any readily available cash.
•Sell assets contained in the estate.
•Borrow money, using estate assets as collateral.
•Or, you can pre-pay this expense with life insurance.
Let’s look at each of these possibilities in some depth.
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30. Estate Settlement Costs
Cash
• Estate must have sufficient cash available.
• Assets may have to be sold quickly.
• Substantial loss to HEIRS.
Estate Borrows the Money
• Money has to be repaid with interest.
• Estate assets might have to be used as collateral.
• Substantial portion of the estate may not be available to your
HEIRS.
page 30 cn51498112010 ©2009. ING North America Insurance Corporation
With the first method, cash is taken out of the estate to cover estate settlement costs.
For most estates, this is the least likely way to pay the tax. On the average, most
estates have only about 3% in liquid assets.
Assets can also be sold, but usually the buyers know there is a motivated seller, and
the chances of getting the best price possible for these assets is difficult to
accomplish. This may result in a substantial loss to your heirs.
The second way to solve the problem is to borrow the money. In effect, your
executor or administrator borrows money and uses the estate’s assets as collateral.
This often leaves it up to the heirs to figure out how to service the debt. Downsides
to borrowing the money include problems finding a lender, high interest rates, and
the dilemma of how the loan be paid off. Your heirs may be saddled with a large
debt for years to come.
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31. Estate Settlement Costs
IRS Installment Payments
• IRS code section 6166 allows payments of taxes plus interest over
14 years.
• Closely held business must be a large portion of the estate.
• Debt payments could be a substantial burden.
Life Insurance
• Plan ahead to pay the taxes.
• A small portion of the existing estate provides for settlement costs
and taxes.
• Settlement costs and taxes are paid without reducing the value to
the HEIRS.
page 31 cn51498112010 ©2009. ING North America Insurance Corporation
Internal Revenue Code Section 6166 is another method of financing the estate tax
when a closely-held business is a large portion of the estate. It is similar to
borrowing the money. Tax-deferral methods such as Section 6166, however, do not
reduce the tax. The full tax must still be paid, plus interest on the tax. This method
involves a government lien on the estate and business assets until the tax is paid.
This results in a more complicated and costly estate settlement. Under certain
conditions, the IRS can terminate the Section 6166 extension and demand full
payment of the entire balance due.
One of the major disadvantages to this solution is that the estate is not officially
closed until the taxes are paid. In the event of default, the government may go after
any estate beneficiary for the balance due. This option is not available for non-
business assets.
The fourth method is the life insurance solution. You can plan ahead to pay the
estate settlement costs and taxes. For pennies on the dollar (as long as the premium
is paid) the money is available to pay the estate tax and settlement costs whenever it
is due.
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32. Estate Taxes - A Burden for Heirs
Paid from the estate before any distribution occurs.
Must be paid in cash.
Due in 9 months.
Interest charged on any late payment.
page 32 cn51498112010 ©2009. ING North America Insurance Corporation
Estate taxes are a burden for your heirs because they must be:
•Paid from the estate before any distribution to the heirs can occur.
•Paid in cash within 9 months of death.
•And the IRS charges interest on any late payments.
32
33. Pay with Discounted Dollars
Life insurance provides:
Cash payment at death.
“Immediate liquidity.”
A dollar of death benefit may be obtained for a reasonable
cost per year.
Benefits are received income-tax free.
Benefits may be subject to estate taxes if included in the
estate.
page 33 cn51498112010 ©2009. ING North America Insurance Corporation
You can choose to relieve your heirs of this burden by purchasing life insurance
now to pre-pay your estate tax with discounted dollars.
Life insurance provides:
•Cash payment at death (when it is needed most).
•“Immediate liquidity” (no need to borrow or sell assets).
•A dollar of death benefit may be obtained for a reasonable premium cost.
•A death benefit amount that is received income tax-free.
•A death benefit amount that may be subject to estate taxes if included in the estate.
33
34. Risks of Failing to Plan
Your heirs may owe more money because:
• You missed annual exclusion gifting opportunities.
• You missed estate tax reduction strategies.
You may lack life insurance because:
• You die before purchasing.
• You are too old or ill to purchase insurance at a reasonable cost.
Your heirs may have to liquidate assets.
page 34 cn51498112010 ©2009. ING North America Insurance Corporation
After hearing all of this, what are the risks if you don’t plan? There are several:
•Your heirs may owe more money because you missed opportunities to plan, such as
annual exclusion gifts and other estate tax reduction strategies.
•You may die without life insurance, because you never purchased it, or because
when you finally decided that it was an important part of your estate plan, you were
too old or too ill to purchase insurance at a reasonable cost.
•Your heirs may have to liquidate assets or borrow in order to cover your estate
settlement costs, resulting in assets being lost or spent that you intended to go to
your family.
34
35. Estate Planning Objectives
Minimize or defer taxation.
Liquidity to pay estate taxes.
Use all available exemptions.
Efficient transfer of personal capital.
page 35 cn51498112010 ©2009. ING North America Insurance Corporation
If you do decide to go forward and do your estate plan, what are some of the most
common objectives?
•Minimize or defer taxation.
•Liquidity for the payment of estate settlement costs and taxes.
•Taking advantage of all possible exemption amounts to reduce taxes.
•The efficient transfer of personal capital.
For most people, these are just of few of the topics that need to be covered during
the estate planning process. There are also other issues such as business succession
planning or the special needs of a particular family member.
35
36. Estate Planning Strategy
Select proper tools and techniques.
Avoid paying estate taxes at first death.
Provide estate liquidity at survivor’s death:
• Establish irrevocable life insurance trust (ILIT).
page 36 cn51498112010 ©2009. ING North America Insurance Corporation
Once you establish your objectives, it is important to select the proper tools and
techniques to carry out the estate plan. These tools and techniques may include
wills, trusts, distribution arrangements, liquidity planning, and irrevocable life
insurance trusts.
By properly designing a plan that incorporates these tools, you may be able to avoid
paying federal estate taxes at the first spouse’s death and also minimize taxes at the
second spouse’s death. This is often accomplished by combining the marital
deduction with a credit shelter trust.
You can also provide your estate with liquidity to pay estate taxes and other estate
settlement costs at the surviving spouse’s death. This is accomplished by
establishing an irrevocable life insurance trust (an “ILIT”) that owns a life insurance
policy insuring your life or jointly insuring the life of you and your spouse.
36
37. Typical Plan:
Use marital deduction to transfer remaining estate to
survivor without federal estate tax at first spouse’s
death.
Take advantage of the amount exempt from federal
estate taxes.
page 37 cn51498112010 ©2009. ING North America Insurance Corporation
A typical estate plan is designed to take advantage of the amount exempt from
federal estate taxes by placing it in a trust known as a credit shelter trust.
The remainder of the estate is transferred to the surviving spouse either directly or in
trust. This transfer takes advantage of the unlimited marital deduction to defer all
federal estate taxes until the death of the surviving spouse.
While this is often a good first step in planning, it may not provide your estate with
the liquidity needed to pay the estate taxes and other estate settlement costs at the
death of the surviving spouse. This is where the ILIT may come into play.
37
38. Typical Plan
Irrevocable Life Insurance Trust (ILIT):
Ownership of life insurance to remove policy proceeds
from federal estate taxation at the insured(s)’ death(s).
Policy proceeds are estate tax-free source of funds to
provide estate liquidity.
Irrevocable Life
Life Insurance
Insurance Owns Policy
Trust
page 38 cn51498112010 ©2009. ING North America Insurance Corporation
As the name implies, the ILIT is the vehicle for holding life insurance policies. The
primary goal of such an instrument is to have the trust own the life insurance
policies as opposed to the insured(s). When properly established, such trust
ownership will remove the life insurance policy proceeds from federal estate
taxation at the death of both spouses. If the life insurance policy is personally owned
by the insured(s) prior to the transfer to the ILIT, a 3-year rule will apply that says
that the life insurance policy death proceeds will be removed from federal estate
taxation only if the insured(s) lives for at least 3 years following the date of the
transfer.
In this way, the trust can have a fund of cash that can be used to loan money to or
purchase assets from the executor of the decedent’s estate. This can create the
needed liquidity in the estate for payment of estate taxes and other estate settlement
costs, without these funds adding to the burden by causing additional estate taxes to
be due at either spouse’s death.
38
39. The ILIT
Grantor Irrevocable Life
Insurance Trust
Executor
U.S. Treasury Heirs
page 39 cn51498112010 ©2009. ING North America Insurance Corporation
Let us take a closer look at the ILIT process.
First, with the help of an attorney, you create an ILIT, select a trustee, and then
transfer cash or income-producing assets to the trust. Depending upon how the
transfer to the trust is structured, this transfer of cash and assets to the trust may be
subject to gift taxes.
Second, the trustee purchases and pays premiums for a life insurance policy insuring
you, or you and your spouse. Assuming that the trust was properly set up, at your
death or the death of your surviving spouse (if the policy purchased was a survivor
life policy) the trust receives the policy proceeds free of income and estate taxes.
Next, the executor of your estate or the estate of the surviving spouse borrows
money from or sells assets to the ILIT. The executor can then use these funds to pay
estate taxes and other estate settlement costs.
In the end, your heirs receive the net estate assets from your estate and the ILIT.
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40. What Is Being Accomplished?
For You:
Removes life insurance proceeds from taxable estate.
Provides support for heirs after your death.
Preserves bulk of your estate for your heirs.
page 40 cn51498112010 ©2009. ING North America Insurance Corporation
In summary, with careful estate planning, including the use of an ILIT, you may
remove life insurance policy proceeds from the estate of both you and your spouse,
provide support for your heirs after your death, and preserve the bulk of the value of
your estate for your heirs.
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41. What Is Being Accomplished?
For the Executor of Your Estate:
Obtains money from trustee to help pay estate taxes and
other settlement costs.
Irrevocable Life
Life Trustee Insurance
Insurance Receives Policy
Trust Death
Benefit
page 41 cn51498112010 ©2009. ING North America Insurance Corporation
The executor of your estate can sell estate assets to the ILIT or borrow money from
the trustee of the ILIT, and use those funds to help pay estate taxes and other estate
settlement costs.
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42. What Is Being Accomplished?
For Your Heirs:
Removes life insurance death benefit proceeds from
taxable estate.
Life
Estate Insurance
Outside Death
of Benefit
Estate Proceeds
page 42 cn51498112010 ©2009. ING North America Insurance Corporation
If the policy is owned by a properly drafted and funded ILIT, the trust will receive
the policy’s net death benefit proceeds, and such proceeds can pass to your heirs
free of estate and income taxes.
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43. Conclusion
Consider Estate Planning if you:
Want to choose who receives your estate.
Want to maximize the wealth passing to your heirs.
page 43 cn51498112010 ©2009. ING North America Insurance Corporation
In summary, you should consider planning your estate if you want to choose who
receives the benefits of your hard-earned wealth and want to maximize the wealth
you pass to your heirs.
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44. Conclusion
Consider life insurance owned by an ILIT if you:
Want to pass estate tax-free death benefit to your heirs.
Irrevocable Life
Life Insurance
Insurance Owns Policy
Trust
page 44 cn51498112010 ©2009. ING North America Insurance Corporation
You can also consider establishing an ILIT to own life insurance on your life if you
want the policy's net death benefit proceeds to pass to your heirs free of income and
estate taxes.
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45. Next Steps
Review your current ownership of assets.
Review existing beneficiary designations of life insurance
or qualified plans.
Review employer provided benefits.
Review (or create) your will.
Consult with your attorney and CPA and create your
estate plan:
• Restructure ownership of assets if needed.
• Create trusts if needed.
• Change ownership and beneficiary designations if needed.
• Revise your will, if needed.
• Consider purchasing life insurance.
page 45 cn51498112010 ©2009. ING North America Insurance Corporation
What’s the next step?
First of all, review your current ownership of assets.
You should also review existing beneficiary designations of life insurance or
qualified plans.
Review your employer-provided benefits.
Review (or create) your will.
Consult with your attorney and CPA and create your estate plan:
- Restructure ownership of assets (if needed),
- Create trusts (if needed),
- Change ownership and beneficiary designations (if needed),
- Revise your will (if needed), and
- Consider purchasing life insurance.
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