This Trust Can Reduce Estate Taxes, Protect Hard-to-Sell Assets

Conversation August 22, 2023 at 02:23 PM
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Financial advisors who are used to working with highly liquid clients should still know enough about trusts to guide clients who turn out to have large, hard-to-sell assets.

Jennifer Li, a director of financial planning at EP Wealth Advisors, gave that advice in a recent email interview.

For the clients with liquid assets, simply having a life insurance policy pay benefits to family members may get the job done.

In other cases, "the estate may have difficult-to-sell assets, such as real estate or business interests," Li said.

Financial professionals should make sure the clients with hard-to-sell assets know they can use life insurance to protect the assets, and that they can increase the flexibility and tax efficiency of the life insurance by putting it into an arrangement like an irrevocable life insurance trust, to keep the death benefits out of the estate of the insureds, Li said.

What It Means

To some advisors, the idea of trying to help clients with life insurance or financial planning without discussing trusts might sound like trying to run a restaurant without bowls.

But Li suggests that, as basic as the idea of ILITs might seem to many financial professionals, others need a refresher.

What Is an Irrevocable Life Insurance Trust?

An irrevocable life insurance trust, or ILIT, is a legal arrangement designed to hold a life insurance policy.

If the ILIT itself buys a life insurance policy insuring a client, the death benefit will usually not be part of the client's federal taxable estate, according to a discussion of the topic posted by Thrivent Financial.

If a client puts a policy in an ILIT at least three years before dying, that will keep the proceeds from the transferred policy out of federal estate tax calculations.

The 2026 Estate Tax Exclusion Cliff

Advisors once had a stronger focus on the use of trusts.

That changed in 2018, when the Tax Cuts and Jobs Act temporarily doubled the estate tax exclusion amounts.

Exclusions have increased to $12.92 million for an individual this year, from $5.49 million in 2017, and to $25.84 million for a couple, from $10.98 million.

Now, however, worries about the size of estates have returned, because the Tax Cuts and Jobs Act estate tax change is set to expire Jan. 1, 2026.

The Gift of Time

Li said that, for the right client, using an irrevocable life insurance trust can slow down the decision-making clock as well as reducing estate taxes.

"ILITs can help buy time for the heirs to decide how they would like to proceed with the sale of the illiquid assets," she said.

Is an ILIT Right for Your Client?

Li sees ILIT as being especially likely to be helpful to relatively young clients who own businesses or other illiquid assets, who have a young family and who might end up owing estate taxes or income taxes at the time of death.

Using an ILIT could be an especially poor fit for clients who are in poor health and who might have trouble getting life insurance, Li said.

Good candidates for ILITs need to have good financial, legal, accounting and insurance advisors to handle the administrative work associated with the strategy, Li said.

Jennifer Li. Credit: EP Wealth Advisors

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