Managing Trust-Owned Life InsuranceManaging Trust-Owned Life Insurance

Melvin A. Warshaw

In Part 1 of this article, published in the December 2011 issue of Trusts & Estates, I examined a lawyer's duty of care to trust beneficiaries and the current product considerations facing policyholders and carriers. Now, I turn my attention to Part 2, which provides suggestions for lawyers advising clients on different trustee management styles for life insurance trusts, particularly in light of some state statutes that exonerate trustees from management responsibility. I also suggest how a lawyer can help a settlor communicate his intent and expectations to the trustee, to increase the likelihood of a successful outcome for trust beneficiaries.

TOLI Management Styles

Estate-planning lawyers know that trust-owned life in...