Big Estates Need The Liquidity That Life Insurance Can Provide

February 15, 2010 at 07:00 PM
Share & Print

High-net-worth prospects consistently have to address two critical issues regardless of how much wealth they have amassed: (1) They must determine equity among heirs; and (2) how much is enough for each child. They may feel equity among heirs is not an issue and ignore it completely. In the world of "uber wealth," high-net-worth prospects may struggle with how much wealth they want their children to own directly or control indirectly.

This struggle can cause procrastination and indecision. For families that have taken the time to educate their children on managing large sums of wealth, the issue often ceases to exist. But, for others, it is a growing concern that too often is only addressed from the grave.

Enter the IDIT

One of the most important tools in this world is the grantor defective trust. There are multiple permutations of this tool which can achieve different objectives. But let's focus on the intentionally defective irrevocable trust.

The benefit of an IDIT is simple: All assets inside the trust are outside the estate tax system for the beneficiaries and the grantor. By using an IDIT, clients can do something for their children (as the grantor) they cannot do for themselves. They can help remove family heirlooms (their most precious assets) from the tax system for multiple generations. An IDIT also enables them to protect these assets from creditors and divorce.

These issues resonate with most families. They don't want to see their hard-earned assets end up in the hands of an outsider in the event, for example, of a divorce. They also have increasing fears about lawsuits and creditors. Asset protection is no longer a cottage industry. It is a real goal for many families.

One of the most interesting aspects of an IDIT is its "defective" component. If a trust is deemed defective, the income earned by the trust will be taxed to the grantor, not the trust or the beneficiaries. Of still greater benefit, the grantor can sell assets to the trust without having to pay taxes on the sale. The sale replaces the asset with a note payable to the grantor, the note to be included in the estate at death.

By selling the family heirlooms while they are still alive, high net worth clients can direct the use of estate assets and benefit from their economic value. They can retain an element of control without sacrificing income. And they can remove from the estate future appreciation on the assets.

Using life insurance

Once the trust planning has been accomplished, there is an excellent reason to consider life insurance. Unfortunately, all too often wealthy families eschew the benefits of life insurance because they feel they have enough money.

Money is never worth more than the wage it can earn. What we are really talking about is the cost of liquidity, which is expensive. There is an opportunity cost associated with liquidity. The investor must forego growth and income in order to obtain liquidity. This is because the money is not being used at its highest and best use.

Money in a CD or obtained from the sale of a business is worth no more or less than money received from a life insurance policy. The real question is and always will be: How much did it cost to create the liquidity?

One dollar of liquidity obtained from the liquidation of a family heirloom can cost $2 or more, depending on timing and investment assumptions. So, not only is it expensive to convert a dollar to cash; there is also the prospect of losing the heirloom for posterity. A dollar of life insurance will almost never cost more than 75 cents, even if you assume death at life expectancy or beyond. In many cases, that same dollar could be delivered for significantly less.

So, whose money is less expensive to deliver? Even if you engage the client's advisors in this discussion, you still have to answer the question, Why life insurance? Life insurance has always been about need. People don't object to owning life insurance; they just don't want to pay for it. In the uber market the same is true. The needs are there. But, unless clients can see the economic advantages of owning a policy, they are likely to take a pass.

So why would the uber-wealthy want life insurance? Consider the following reasons:

? To provide cash at a lower cost than is possible through borrowing or liquidation. Remember, life insurance is the delivery of money in the future at a discounted cost based on the internal earnings, less the expenses. There is no magic here. It is only a matter of risk.

? To move assets from the client's estate to heirs at the low tax cost. Gifts of premiums are less expensive than gifts of assets, especially appreciated assets.

? To provide liquidity to pay debts or taxes. Providing an automatic repayment plan using insurance is often more advantageous than liquidating assets to pay off the debt.

Don't make assumptions

The biggest mistake an advisor can make is to assume the uber-wealthy understand their need for insurance. The rule I have followed is to never show an insurance solution until the client fully and completely understands the price-tag of their current solution. It is a rule that has served me well.

Guy E. Baker, MSFS, CLU, is managing director of BTA Advisory Group, Irvine, Calif. You can e-mail him at [email protected].

NOT FOR REPRINT

© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.

Related Stories

Resource Center