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Substituting a Life Insurance Policy in an Irrevocable TrustSubstituting a Life Insurance Policy in an Irrevocable Trust
On Dec. 1, 2011, the Internal Revenue Service issued Revenue Ruling 2011-28,1 which finally clarified that a life insurance policy in an irrevocable trust isn't included in the grantor's estate if the grantor retains the right to substitute the policy with assets of equivalent value. Background Grantor trusts are popular and useful estate-planning devices. Practitioners use techniques such as grantor
April 1, 2012
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Richard L. Harris
On Dec. 1, 2011, the Internal Revenue Service issued Revenue Ruling 2011-28,1 which finally clarified that a life insurance policy in an irrevocable trust isn't included in the grantor's estate if the grantor retains the right to substitute the policy with assets of equivalent value.
Background
Grantor trusts are popular and useful estate-planning devices. Practitioners use techniques such as grantor retained annuity trusts and sales to intentionally defective grantor trusts. Most irrevocable life insurance trusts (ILITs) are also grantor trusts, because trust income can be used to pay premiums. However, many practitioners are wary of allowing a substitution of assets when there's life insurance involved, because they fear...
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