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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

Richard L. Harris

April 1, 2012

6 Min Read
Substituting a Life Insurance Policy in an Irrevocable Trust

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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About the Author

Richard L. Harris

Greenberg & Rapp Financial Group

Richard L. Harris is the managing member of Richard L. Harris LLC, a life insurance sales and consulting firm devoted to helping the very wealthy and their professional advisors deal with issues regarding life insurance. He works as a back office life insurance expert for many accountants, attorneys, and trust officers. With 40 years experience, Richard is a nationally recognized expert in the very advanced areas of life insurance. He brings together expertise and cutting edge ideas in designing and implementing solutions incorporating life insurance that integrate and address the issues at hand. Apart from acting as a life insurance strategist and purchasing agent for life insurance for the very wealthy, he is often consulted about fixing or improving advanced strategies using life insurance that have become problematic because of legislation, poor performance, or change in circumstances. Richard consults on proposed advanced strategies using life insurance providing second opinions on the viability of the transactions. He also provides litigation support both forensically and strategically and serves as an expert witness regarding sophisticated life insurance transactions. Richard is a graduate of Long Island University where he majored in Accounting and Literature. He holds the professional designations of Chartered Life Underwriter, Registered Trust and Estate Practitioner, and Accredited Estate Planner. He is Chair of the Insurance Committee of Trusts & Estates Magazine, on the Editorial Advisory Board of Wealth Strategies Journal, a Contributing Editor to Private Wealth Magazine and is listed in Who's Who in Finance and Industry. He also serves on the Board of the Northern New Jersey Society of Financial Services Professionals and the Advisory Board of HighCap Financial.