Yes, you can have a life insurance policy owned by a trust, and you can also name the trust as the policy's beneficiary. Doing so lets the trust control premium payments, own the cash value, and direct the death benefit according to the trust's terms, which can simplify estate settlement and protect assets from probate.
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Why Use a Trust for Life Insurance?
Placing a policy in a trust separates the insurance from the individual's probate estate, which can reduce estate taxes, avoid creditor claims, and ensure the proceeds are distributed exactly as intended. It is especially useful for irrevocable life insurance trusts (ILITs) that aim to remove the death benefit from the taxable estate.
Ownership Structures
There are three common ways to align a policy with a trust:
- Irrevocable Life Insurance Trust (ILIT) – the trust owns the policy; premiums are funded by gifts to the trust.
- Revocable Trust – the grantor retains control, but can name the trust as beneficiary for smoother administration.
- Trust as Beneficiary Only – the individual owns the policy, and the trust receives the death benefit.
Key Steps to Implement
1. Draft a trust that explicitly permits ownership of life insurance.2. Transfer the policy to the trust (or have the trust purchase a new policy).3. Ensure the trust is the owner and/or beneficiary as planned.4. Keep premium payments consistent to avoid lapses.5. Review the trust annually for changes in tax law or family circumstances.
Potential Pitfalls
Improper wording can cause the policy to remain in the taxable estate, or trigger gift‑tax consequences when premiums are funded. Also, a revocable trust does not remove the policy from the estate, so it offers less tax benefit than an ILIT.
Comparison Table
| Structure | Estate Tax Impact | Control | Complexity |
|---|---|---|---|
| ILIT | Removes death benefit from estate | Trustee only | High |
| Revocable Trust | Benefit stays in estate | Grantor retains | Medium |
| Beneficiary Trust Only | Benefit stays in estate | Grantor owns | Low |