Use of Life Insurance for Estate Planning and Taxes

2,217 Views | 18 Replies | Last: 6 mo ago by I bleed maroon
He Who Shall Be Unnamed
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I am nearing the end of my term policies and thankfully "lost the bet" on those, in a way of thinking. My insurance broker has reached out to me to set up a discussion about letting my policies lapse versus extending or even getting new policies. In his pitch, he is wanting to discuss purchasing new insurance "for help in future taxes and as a possible estate planning tool". I consider myself woefully inadequate in terms of my understanding of these issues, and was hoping to get some advice here as to how life insurance might help me. I am 60 and healthy, and have enough in terms of my retirement accounts and savings to where I really am not interested in the death benefit of life insurance in terms of what my premiums would be. Thanks for any advice in advance, I just want to have some idea ahead of the discussion so I am not caught flat footed.
Milwaukees Best Light
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So a guy about to be cut off from your payroll just pitched you a product you have never heard of. That the long and short of it?
I bleed maroon
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He Who Shall Be Unnamed said:

I am nearing the end of my term policies and thankfully "lost the bet" on those, in a way of thinking. My insurance broker has reached out to me to set up a discussion about letting my policies lapse versus extending or even getting new policies. In his pitch, he is wanting to discuss purchasing new insurance "for help in future taxes and as a possible estate planning tool". I consider myself woefully inadequate in terms of my understanding of these issues, and was hoping to get some advice here as to how life insurance might help me. I am 60 and healthy, and have enough in terms of my retirement accounts and savings to where I really am not interested in the death benefit of life insurance in terms of what my premiums would be. Thanks for any advice in advance, I just want to have some idea ahead of the discussion so I am not caught flat footed.

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You should first inform yourself about the estate tax:


Quote:

However, the estate tax exemption amount, currently $13.99 million per individual, is scheduled to "sunset" at the end of 2025 and revert to pre-TCJA levels, which is an estimated $7 million per individual (adjusted for inflation). The maximum federal estate tax rate will remain 40%.

If it applies to your situation, you certainly need a financial advisor to take your whole financial picture into account. If not, I'd discount that portion of the insurance broker's pitch.
kyle field 94
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I bleed maroon said:

He Who Shall Be Unnamed said:

I am nearing the end of my term policies and thankfully "lost the bet" on those, in a way of thinking. My insurance broker has reached out to me to set up a discussion about letting my policies lapse versus extending or even getting new policies. In his pitch, he is wanting to discuss purchasing new insurance "for help in future taxes and as a possible estate planning tool". I consider myself woefully inadequate in terms of my understanding of these issues, and was hoping to get some advice here as to how life insurance might help me. I am 60 and healthy, and have enough in terms of my retirement accounts and savings to where I really am not interested in the death benefit of life insurance in terms of what my premiums would be. Thanks for any advice in advance, I just want to have some idea ahead of the discussion so I am not caught flat footed.

- - - - - - - - - - -

You should first inform yourself about the estate tax:


Quote:

However, the estate tax exemption amount, currently $13.99 million per individual, is scheduled to "sunset" at the end of 2025 and revert to pre-TCJA levels, which is an estimated $7 million per individual (adjusted for inflation). The maximum federal estate tax rate will remain 40%.

If it applies to your situation, you certainly need a financial advisor to take your whole financial picture into account. If not, I'd discount that portion of the insurance broker's pitch.


This is the correct answer. If you are below the estate tax exemptions, then probably not needed. But if you are above or think that you are above, then something to think about.

If you want to discuss this with someone else, I have a contact that you could talk to and compare costs etc
SpongeBob
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You could also consider selling your policy.
He Who Shall Be Unnamed
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Thanks for all of the responses. I am married, have one child (who already has a Generation Skipping Trust in place). Assets outside of that GST are right around $10 million, and I have a few more years to work. Obviously, what Congress does or does not do could change how I approach planning. In general, what is the strategy to employ a life insurance product in such a case? Thanks again.
double aught
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I think you are referring to using universal life policies as a tax sheltered investment/retirement tool. They're a bit complicated but can be lucrative. A couple of books about this strategy:

The Laser Fund
Tax-Free Retirement
Holistic Planning
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Life insurance can be used for estate planning in a couple ways.

If it's more estate tax purposes you can look at doing a second to die policy in an ILIT.

If it's for long term care protection you can look at a variety of options including hybrid policies.

But ultimately you should understand exactly what is involved and what the potential conflicts of interest are.

As fee only advisors, we can provide advice on this without receiving commissions from third party insurance companies.
www.holisticplanning.com/intro
Remarkably personal financial advice for a fuller life.
He Who Shall Be Unnamed
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Holistic Planning said:

Life insurance can be used for estate planning in a couple ways.

If it's more estate tax purposes you can look at doing a second to die policy in an ILIT.

If it's for long term care protection you can look at a variety of options including hybrid policies.

But ultimately you should understand exactly what is involved and what the potential conflicts of interest are.

As fee only advisors, we can provide advice on this without receiving commissions from third party insurance companies.
Thank you. I already have long term care insurance, which he sold me, so that isn't the purpose he would be discussing. It sounds as if I need to educate myself on universal life insurance policies ahead of his proposal then reach out after hearing what the agent proposes.
SquareOne07
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Consider, also, the taxable liability that will be inherited by kids due to the inheritance of your IRAs and how much they'll pay in taxes as a result of having to liquidate that in a 10 year window.
He Who Shall Be Unnamed
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SquareOne07 said:

Consider, also, the taxable liability that will be inherited by kids due to the inheritance of your IRAs and how much they'll pay in taxes as a result of having to liquidate that in a 10 year window.
Thanks. Is there some inherent tax advantage of an insurance policy that will help reduce this tax liability that I need to be considering? Not just cash flow, some true tax benefit I need to be considering?
SquareOne07
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He Who Shall Be Unnamed said:

SquareOne07 said:

Consider, also, the taxable liability that will be inherited by kids due to the inheritance of your IRAs and how much they'll pay in taxes as a result of having to liquidate that in a 10 year window.
Thanks. Is there some inherent tax advantage of an insurance policy that will help reduce this tax liability that I need to be considering? Not just cash flow, some true tax benefit I need to be considering?


It won't reduce the amount of taxes paid, but it will "make your heirs" whole, if you will.

Assume your child inherits a $2M IRA. Unfortunately it's likely they'll inherit this money in their highest earning years and they'll have to liquidate that $2M over a 10 year period resulting in that $2M being taxed (35%) out of $700k leaving your son/daughter with $1.3M rather than the $2M. A strategy people will use is to buy a $700k policy so that their child actually receives the whole $2M net of taxes.
He Who Shall Be Unnamed
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SquareOne07 said:

He Who Shall Be Unnamed said:

SquareOne07 said:

Consider, also, the taxable liability that will be inherited by kids due to the inheritance of your IRAs and how much they'll pay in taxes as a result of having to liquidate that in a 10 year window.
Thanks. Is there some inherent tax advantage of an insurance policy that will help reduce this tax liability that I need to be considering? Not just cash flow, some true tax benefit I need to be considering?


It won't reduce the amount of taxes paid, but it will "make your heirs" whole, if you will.

Assume your child inherits a $2M IRA. Unfortunately it's likely they'll inherit this money in their highest earning years and they'll have to liquidate that $2M over a 10 year period resulting in that $2M being taxed (35%) out of $700k leaving your son/daughter with $1.3M rather than the $2M. A strategy people will use is to buy a $700k policy so that their child actually receives the whole $2M net of taxes.
Damn, you're good! This is what my agent just sent me in response to scheduling an appointment. Maybe others here can benefit from this:

"The life insurance product that we've had the most success with for estate planning purposes is survivorship life insurance. When there is a married couple with children, the IRS tends to come calling on heirs at the death of the second spouse from the standpoint of estate taxes or income taxes due on qualified money (IRAs, 401Ks, etc.). Up until the last few years, non-spouse beneficiaries of retirement plans could spread taxes over their own lifetimes. This meant that if a 40 or 50 year old child inherited their parent's IRA assets, the could take out minimum amounts each year letting the bulk of the asset continue to grow until A) they needed the money and B) they were hopefully in a lower tax bracket in their own retirement. Now, the IRS is forcing anyone other than a spouse to drain the IRA and pay taxes within a 10 year period from inheritance. This means that many folks who inherit will be in their highest earnings years and therefore the added income will taxed at the highest rates.

Survivorship life insurance was designed to pay out when the second spouse dies for just this purpose. It can be a very efficient way to mitigate tax burdens as well as ups and downs in markets as the death benefit is a pre-set amount."

At the end of the day, whatever I pay for an insurance product will decrease the amount of inheritance my child receives, and the GST he has in place will provide for some income anyway. Overall, unless the net of such a product is a significant tax savings, personally I don't think that there is a tremendous benefit to "smoothing out" the tax burden during his productive years.
SquareOne07
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He Who Shall Be Unnamed said:

SquareOne07 said:

He Who Shall Be Unnamed said:

SquareOne07 said:

Consider, also, the taxable liability that will be inherited by kids due to the inheritance of your IRAs and how much they'll pay in taxes as a result of having to liquidate that in a 10 year window.
Thanks. Is there some inherent tax advantage of an insurance policy that will help reduce this tax liability that I need to be considering? Not just cash flow, some true tax benefit I need to be considering?


It won't reduce the amount of taxes paid, but it will "make your heirs" whole, if you will.

Assume your child inherits a $2M IRA. Unfortunately it's likely they'll inherit this money in their highest earning years and they'll have to liquidate that $2M over a 10 year period resulting in that $2M being taxed (35%) out of $700k leaving your son/daughter with $1.3M rather than the $2M. A strategy people will use is to buy a $700k policy so that their child actually receives the whole $2M net of taxes.
Damn, you're good! This is what my agent just sent me in response to scheduling an appointment. Maybe others here can benefit from this:

"The life insurance product that we've had the most success with for estate planning purposes is survivorship life insurance. When there is a married couple with children, the IRS tends to come calling on heirs at the death of the second spouse from the standpoint of estate taxes or income taxes due on qualified money (IRAs, 401Ks, etc.). Up until the last few years, non-spouse beneficiaries of retirement plans could spread taxes over their own lifetimes. This meant that if a 40 or 50 year old child inherited their parent's IRA assets, the could take out minimum amounts each year letting the bulk of the asset continue to grow until A) they needed the money and B) they were hopefully in a lower tax bracket in their own retirement. Now, the IRS is forcing anyone other than a spouse to drain the IRA and pay taxes within a 10 year period from inheritance. This means that many folks who inherit will be in their highest earnings years and therefore the added income will taxed at the highest rates.

Survivorship life insurance was designed to pay out when the second spouse dies for just this purpose. It can be a very efficient way to mitigate tax burdens as well as ups and downs in markets as the death benefit is a pre-set amount."

At the end of the day, whatever I pay for an insurance product will decrease the amount of inheritance my child receives, and the GST he has in place will provide for some income anyway. Overall, unless the net of such a product is a significant tax savings, personally I don't think that there is a tremendous benefit to "smoothing out" the tax burden during his productive years.


Haha well thank ya!

Your guy and I are on the same page. I'd encourage you to not just look at the cost of the strategy (the cost of the insurance) as a sunk cost that reduces his inheritance. From the moment that first premium is paid, it will have purchased a lot more than it's worth. You can actually ask your guy to run some ROI calcs that basically show your premiums paid relative to the death benefit received. It's not uncommon to run illustrations on these policies and still see a 5+% (tax free!) rate of return on the premiums that have been paid relative to benefits paid out.

At the end of the day you're thinking about things and that's a heck of a lot more folks. Good on you!
mosdefn14
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Or just spend the money you'd spend on a life policy over the next x# of years to pay the taxes converting your IRAs to Roth before they double 2 or 3 more times.
Joseph in Cypress
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More food for thought…. Not sure if it is something you are facing but sounds like it might be. You mentioned that unless there is significant tax savings you are too interested in leveling out your son's future tax liability. In the example of the inherited IRA, Uncle Sam is going to get his money ($700k). The difference is who pays for it, your kid or the insurance company. While it might not technically be a tax savings, I look at the difference between $700k and premiums paid as tax savings. This will likely be a very significant amount. Even larger with the size of estate you mentioned once future growth is considered.
Joseph George '92
He Who Shall Be Unnamed
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Definitely something to think about. Thanks to you and all of the others for your responses. We did a review of all of my coverage, which was a great refresher. I have $4 million in term policies, my wife has $1 million. I do have an ILIT set up. Of my term policies, one (a $2 million policy) is convertible. I have a few more years left on the term policies than I thought I had. The insurance agent isn't really pushing the survivorship policy, just letting me know it is a potential way to address the policies as they end. I did get Preferred Plus rating with both of my term policies, and if I recall he said I would not need to repeat labwork etc. to convert the one I have.

My investment advisor, who is starting to give me a lot more retirement and estate planning advice now, thought that, with the other assets I have in place, I should just let the term policies lapse and be happy that I lost the bet. I have some other issues I need to discuss with my estate attorney in the next couple of months, and I will get his advice when I do. It's always great to get an education on something I really know nothing about so as to make as informed of a decision as possible. Admittedly, I also hate to look financially ignorant with I discuss these issues with professionals.

Thanks for your and for all of the advice in the thread, hopefully others can learn from it as well.
Joseph in Cypress
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In my opinion the only way you look ignorant is if you don't ask the questions. Most people don't know what they don't know….. my philosophy is when financially possible and when the math makes sense, use other people's money.

If you have a known risk, future tax liability from inherited IRA or an estate tax issue, see how much it will cost to reduce or eliminate the risk. sticking with the IRA example from above where there is a potential $700k tax hit on your son, why not look at something that will offset that. Find out the most efficient way to structure a $700k policy. If y'all live 10 more years you could spend $120k in premiums and be $580k ahead.

Fairly well defined risk is now taken off the table by leveraging someone else's money. If you live longer the amount saved would be less. Uncle Sam still gets his money but it all doesn't come at your expense.

Financially speaking… when he gets the IRA, if he knew you could afford it and chose not to take the risk off the table for $120k (or whatever the real number is) do you think he will be saying dad made the right move here when he may have to select 40% for withholdings each time he takes a disbursement?

Sounds like you should get your cpa, lawyer, advisor and insurance folks in the same room
Joseph George '92
I bleed maroon
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For retirement planning, another thing that I like to consider is having a base case and some simple extremes, for both investment return and lifespan. For instance:

  • A reasonably moderate risk portfolio for a retiree can earn 8% on average. That's your base case. It's OK to plan around that (adjusted based on your risk tolerance). You can run some outlier scenarios, such as 0% and 15% returns, and see how that makes you change your thinking. This can particularly help in creating a diversified portfolio strategy where the outliers are mitigated to the extent possible.
  • A healthy 65 year old man can expect to live 17 more years, on average (per Google). That's your base case. It's OK to plan around that. Now adjust it for your particular health, longevity of relatives, known conditions, etc. Now run "what-if" scenarios for dying too soon or living too long (maybe die at age 67 or 99, for example). If either makes you feel uncomfortable, solve with either life insurance or guaranteed income streams respectively, for example.
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