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Irrevocable Life Insurance Trust (ILIT)

A trust that owns life insurance outside your taxable estate — turning the death benefit into a fully estate-tax-free transfer.

An ILIT is an irrevocable trust created to own life insurance on your life. The reason it exists: the Death Benefit is income-tax-free everywhere, but if you own the policy yourself, the proceeds count in your taxable estate — and above the federal exemption, estate tax takes 40% off the top. A $5 million policy inside a taxable estate can lose $2 million to the IRS; the same policy owned by an ILIT from inception transfers all $5 million. Same premiums, radically different arithmetic.

The mechanics have rituals that matter. The trust — not you — owns and is Beneficiary of the policy; you gift money to the trust each year, and the trustee pays the Premium. Because gifts to trusts don't automatically qualify for the annual gift-tax exclusion, the trustee sends "Crummey notices" giving beneficiaries a brief window to withdraw each contribution (they don't, but the right converts the gift into a present interest). Transfer an *existing* policy into an ILIT and you start a three-year clock — die within it and the proceeds land back in your estate — which is why new policies are cleanly applied for by the trust itself.

Irrevocable means what it says: you can't be trustee with meaningful powers, can't casually reclaim the policy, can't rewrite terms at will. Modern drafting softens the edges (spousal access provisions, trust protectors, decanting statutes), but the trade is real — control surrendered in exchange for estate exclusion, Creditor Protection (Life Insurance), and multi-generational governance of the proceeds.

Who actually needs one: families above or growing toward the estate-tax exemption (a moving political target — the exemption has swung with legislation, and planning for its scheduled changes is half the game), business owners whose illiquid value will trigger tax, and anyone whose state levies its own estate tax at far lower thresholds. For estates safely under every threshold, simpler ownership plus a Revocable Living Trust usually serves better.

The ILIT pairs naturally with Volume-Based Banking at generational scale: the family system's permanent policies can live inside the trust, compounding for decades and landing outside every estate in the chain — infrastructure and tax engineering in one structure. This is attorney-drafted territory; the concepts are simple, the execution is not DIY.

See how irrevocable life insurance trust (ilit) fits your situation.

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