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When one spouse dies, the surviving spouse is often designated as the sole remaining beneficiary and is generally named as the surviving trustee, then upon the death of the surviving spouse, property passes to the named heirs.
Typically, taxpayers who have large estates benefit the most from the formation of an irrevocable trust. Leaving more than what the IRS allows for a lifetime tax-free gift subjects your beneficiaries to a federal estate tax that runs 40 percent.
An irrevocable life insurance trust (ILIT) is created to own and control a term or permanent life insurance policy or policies while the insured is alive, as well as to manage and distribute the proceeds that are paid out upon the insured's death.
The trust remains revocable while both spouses are alive. The couple may withdraw assets or cancel the trust completely before one spouse dies. When the first spouse dies, the trust becomes irrevocable and splits into two parts: the A trust and the B trust.
An ILIT provides a number of advantages beyond the ability to provide a tax-free death benefit. This includes protecting your insurance benefits from divorce, creditors and legal action against you and your beneficiaries. An ILIT also avoids probate and shields assets from expense and loss of privacy during probate.
The Trust may provide that upon the death of the first spouse, the Trust becomes irrevocablecannot be changed or amended. But the surviving spouse is given the power to appoint the assets to any of the children he or she chooses and can even exclude some of the children.
One of the greatest advantages of an irrevocable trust is that it can offer great protection from future creditors and lawsuits as well as bad marriages.
Even an irrevocable trust can be revoked with a court order. A court may execute an order that permits the dissolution of a life insurance trust if changes in trust or tax laws or in the grantor's family situation make the life insurance trust no longer serve its original purpose.
An ILIT is an irrevocable trust that contains provisions specifically designed to facilitate the ownership of one or more life insurance policies. The ILIT is both the owner and the beneficiary of the life insurance policies, typically insuring the life of the person or persons creating the ILIT, known as the grantor.