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Published byPriscilla Waters Modified over 9 years ago
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Beneficiary of a life insurance policy is a trust, rather than the individual the insured ultimately wants to benefit upon his/her death.
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Obtain all benefits of a trust for life insurance proceeds, often the deceased’s most valuable asset. Virtually essential if client has a minor or disabled child.
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Contract right to receive proceeds is sufficient to be trust property. § 111.004(12). Life insurance may be made payable to trustee of inter vivos trust. Ins. Code § 1104.021. Life insurance may be made payable to trustee of testamentary trust. Ins. Code § 1104.022.
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Reasons to use inter vivos trust: Reasons to use testamentary trust:
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1. Transfer other property to trust? Funded Unfunded
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2. Allow settlor to undo plan? Revocable Irrevocable [ILIT]
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