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Easler Law PLLC 321-206-3603
Estate Planning
Andrew David Easler, Esq. Published October 14, 2024

What is an Irrevocable Life Insurance Trust?


An ILIT owns your life insurance policy, shielding it from creditors and keeping the proceeds out of your taxable estate. Benefits pass to beneficiaries without probate, but its terms cannot be changed.

An Irrevocable Life Insurance Trust (ILIT) can be a powerful asset protection and estate planning tool. By transferring ownership of a life insurance policy to the trust, the policy becomes shielded from creditors and lawsuits. Once the trust is established, its terms cannot be changed or revoked, ensuring that the policy is managed according to the instructions set at its creation.

An ILIT's benefit is its ability to reduce estate taxes. Life insurance proceeds owned by the trust are excluded from the taxable estate, helping lower the overall tax burden. Death benefits pass directly to beneficiaries without going through probate, offering quicker and more private asset distribution.

Use Case: Consider a business owner with a large estate who wants to ensure that the proceeds from a life insurance policy are protected from creditors and estate taxes. By creating an ILIT, the business owner transfers ownership of the policy to the trust, ensuring the policy's cash value and death benefits are safe from lawsuits and creditors. Upon the business owner's death, the ILIT distributes the life insurance proceeds directly to the beneficiaries without going through probate or increasing the taxable estate, preserving more wealth for the heirs.

The structure of an ILIT protects the life insurance policy's cash value and death benefit from creditors and ensures that the policy is administered and distributed based on predetermined terms. This can make it an excellent choice for individuals looking to preserve wealth, protect assets, and provide clear instructions for the disbursement of life insurance proceeds. It's always wise to consult with an attorney to ensure this type of trust is correctly made and that the ILIT is tailored to individual needs and circumstances.

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