Ch 2 - Life Insurance In Estate Planning Flashcards
Because of its self completing nature and
Because special tax rules apply
Why is life insurance in estate planning unique?
Individuals with modest wealth or probate
Who uses life insurance for estate planning?
Estate enhancement
Wealth replacement/estate liquidity
What 2 purposes does life insurance serve?
Income replacement/support obligation needs
Special circumstance support needs
What does estate enhancement mean?
When payable to the executor (section 2042.1)
Insured has incidents of ownership (section 2042.2)
When is life insurance included in the gross estate?
Estate is designated beneficiary
Estate becomes beneficiary by default
Designated beneficiary bound to pay expenses
What constitutes life insurance being payable to the executor?
Creditors Administrative expenses
State death taxes
Probate
When the estate is designated as beneficiary, benefits maybe subject to:
- Any valuable right
- Insured cannot be owner even as a trustee
- Cannot hold right or option to re-acquire
- Incidents attributed to controlling shareholder or general partner in business owned policy if not payable to or for the business
What are the 4 incidents of ownership in life insurance?
Ability to change beneficiary
Ability to access CSV
Ability to use as collateral
What is considered any valuable right when determining incidents of ownership?
Life insurance is included in gross estate if incidents transferred within 3 years of insurers death
The 3 year rule only applies to gifts of life insurance policies
What is the 3 year rule mean for life insurance?
IRS Code requires payment from death benefit if inclusion in the gross estate results in federal estate taxes
What is the impact of life insurance on estate taxes?
True or false Taxes on life insurance can be apportioned elsewhere through decedent-insured will
True
- net death benefit if included in insured’s gross estate
- replacement cost or interpolated terminal reserve + unearned premium if policy on another’s life is included in the gross estate or given away during the insured lifetime
what is the value of life insurance policy for gift and estate tax purposes
- marital deduction is unlimited for outright beneficiary deisgnation to spouse at the time of death
- payable to trust or by settlement opotioins must meet the marital deduction rules
How does the Marital deduction work for life insurance
- most will be direct beneficiaries
- when estate taxes are a concern,
- key will be access without inclusion
- matital deduction could be a fall back position
What are the planning concerns for transfers of life insurance to a spouse