Idaho Termination of Grantor Retained Annuity Trust in Favor of Existing Life Insurance Trust
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FAQ
Is an irrevocable life insurance trust (ILIT) a grantor trust? A13. Usually, yes. Most ILITs are grantor trusts since these trust instruments typically provide that income may be applied toward the payment of premiums on policies insuring the grantor's life (or the grantor's spouse's life).
One easy way to terminate a life insurance trust, the grantor to stops making the premium payments, known as gifts, to the trust. If the grantor stops making payments to the trust, then the policy will lapse. This causes the purpose of the trust to be eliminated.
In general, though, there are four common pathways to terminating an ILIT:1) Trustee's Power To Terminate.2) Trustee's Power To Terminate A Small Trust.3) Consent Termination By Grantor And Beneficiaries.4) Beneficiary-Directed Court Termination.
The grantor can also establish an irrevocable life insurance trust (usually a separate trust) to provide liquidity to the heirs if the he/she dies during the term of the GRAT.
In other words, if the grantor (or a non-adverse party) has the power to revoke any part of a trust and reclaim the trust assets, then the grantor will be taxed on the trust income.
GRATs may provide payments for a term of years or for the life of the Grantor.
Dissolving the Trust Normally, you are not allowed to dissolve an irrevocable trust once it has been established. However, since the trust must make ongoing premium payments to keep the ILIT in effect, you could effectively cancel an ILIT by ceasing making payments for the premiums.
Trust-owned life insurance is a type of life insurance housed inside a trust. TOLI is commonly used by individuals as a tool for estate planning purposes. The assets bequeathed to beneficiaries that are housed within the trust can sidestep onerous tax obligations.
The revocable trust can be used to own the life insurance or be the beneficiary of the life insurance. The benefit of the revocable trust holding the life insurance is that if you were to become incapacitated, your successor trustee will be able to keep administering the life insurance policy on your behalf.
For those using life insurance to fund a trust, be sure you have made that clear via beneficiary designations. If the parents pass away, the life insurance policies would pay out to the trust. The designated trustee would then manage the trust assets on behalf of the minor children.