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Trust-Owned Life Insurance (TOLI): Overview, Applications, and Considerations

Last updated 03/15/2024 by

Alessandra Nicole

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Summary:
Trust-Owned Life Insurance (TOLI) is a pragmatic financial strategy involving a life insurance policy held within a trust. Typically favored by high-net-worth individuals for estate planning, TOLI offers benefits and drawbacks that require careful consideration. This comprehensive guide delves into the specifics of TOLI, its applications, advantages, disadvantages, and considerations for those contemplating its integration into their financial portfolios.

What is trust-owned life insurance (TOLI)?

Trust-owned life insurance (TOLI) is a financial maneuver where a life insurance policy is situated within a trust structure. This strategic approach is often adopted by individuals, especially those with substantial net worth, to navigate estate planning complexities and minimize tax liabilities.

Understanding trust-owned life insurance (TOLI)

Life insurance, a contractual agreement between insurers and individuals, offers a death benefit to beneficiaries in exchange for regular premiums. TOLI, less known but crucial, is a life insurance policy held within a trust structure, serving various financial objectives such as responsible inheritance distribution, estate tax reduction, and charitable goal fulfillment.

Setting up TOLI

Establishing TOLI requires collaboration with an estate planner to create the trust. Whether initiating a new policy or transferring an existing one, meticulous paperwork is essential. Timely premium payments are the trustee’s responsibility, ensuring policy continuity.

Naming beneficiaries

The choice of beneficiaries significantly influences tax implications. If a spouse is named, insurance proceeds are exempt from estate taxes. However, without TOLI, estate taxes apply upon the spouse’s demise. The three-year rule, pertaining to asset transfer within three years of death, necessitates strategic planning to circumvent estate taxes.

Special considerations

Periodic reviews are critical, considering newer insurance products that may offer cost-efficiency and enhanced features. For those anticipating estate values exceeding exemptions, an Irrevocable Life Insurance Trust (ILIT) is a strategic option, ensuring complete exclusion of insurance proceeds from the estate.

Example of TOLI

Consider a scenario where a 50-year-old married individual with two children, despite financial obligations, desires to leave an inheritance. Opting for TOLI, they consult an estate planner, establishing a trust. The trust purchases the policy, ensuring a seamless transfer of proceeds to the family in case of the insured party’s demise.
WEIGH THE RISKS AND BENEFITS
Here is a list of the benefits and drawbacks to consider.
Pros
  • Avoid the burden of estate taxes
  • Loans can be made to either spouse’s estate or to purchase assets
  • Donate to charity while protecting assets for heirs
Cons
  • Loss of control when policy is in a trust
  • Three-year look-back rule applies to policy initiation

Frequently asked questions

Can anyone utilize trust-owned life insurance (TOLI)?

Yes, TOLI is not exclusive to high-net-worth individuals. Anyone seeking responsible inheritance distribution, estate tax reduction, or pursuing charitable objectives can explore TOLI as part of their financial strategy.

What is the role of an estate planner in setting up TOLI?

An estate planner assists in establishing the trust required for TOLI. They guide individuals in initiating a new policy or transferring an existing one, ensuring proper documentation and compliance with legal requirements.

Are there alternatives to TOLI for estate planning?

Yes, individuals can explore other estate planning strategies based on their specific financial goals. TOLI, while advantageous, may not be the sole option, and consulting with financial advisors can provide insights into alternative approaches.

Key takeaways

  • TOLI involves integrating a life insurance policy into a trust for estate planning purposes.
  • High-net-worth individuals commonly use TOLI to strategically manage their assets and reduce estate taxes.
  • Regular reviews of TOLI policies are essential to ensure alignment with evolving trust needs.

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