The Role of Life Insurance in Modern Estate Planning
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The Role of Life Insurance in Modern Estate Planning
The most important job life insurance does in an estate plan is not replacing income. It is creating cash at the exact moment an estate needs it most. Estate taxes, final expenses, debts, and the cost of settling an estate come due in cash, often within months of death, while the assets that make up most large estates, such as a family business, farmland, commercial real estate, or retirement accounts, are slow or expensive to convert. A properly owned policy delivers a death benefit that is generally free of income tax and, when held outside the estate, free of estate tax as well, so heirs can settle obligations without selling what the family wants to keep. Everything else on this page sits on top of that.
Jason Stolz, CLTC, CRPC, DIA, CAA, is Chief Underwriter at Diversified Insurance Brokers, and life insurance for estate planning is a strategy our office places regularly for business owners, retirees, and families with estates that are large, illiquid, or both. As an independent life insurance broker with access to more than one hundred carriers, our office builds coverage alongside your estate attorney and CPA, so that ownership, beneficiaries, and policy type support the plan they are drafting instead of working against it.
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Matching the Policy to the Estate Planning Goal
| Planning Goal | Policy Often Used | Typical Owner | Key Consideration |
|---|---|---|---|
| Pay Estate Taxes | Survivorship universal or whole life | Irrevocable life insurance trust | Tax for married couples is usually due at the second death |
| Equalize Inheritances | Single-life or survivorship permanent coverage | Trust or individual | Size the benefit to the value of the asset going to another heir |
| Fund a Buy-Sell Agreement | Term or permanent coverage; see converting term to permanent coverage | Co-owners or the business | Agreement structure affects estate tax valuation |
| Replace Wealth Given to Charity | Permanent coverage | Wealth replacement trust | Often paired with a charitable remainder trust |
| Protect a Spouse After Pension Election | Permanent or long-term coverage | Individual or spouse | Compare cost with the joint-and-survivor reduction |
| Provide for a Child With Special Needs | Permanent or survivorship coverage | Parents, with a special needs trust as beneficiary | Protects eligibility for means-tested benefits |
| Build Accessible Cash Value | Whole life with cash value or indexed universal life | Individual | Funding must stay within limits to avoid modified endowment status |
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Why Estates Run Short of Cash
High-net-worth families often face the same problem: an estate that is rich on paper and short on cash. Real estate holdings, closely held businesses, retirement accounts, and investment portfolios can represent significant value, but taxes and expenses come due on a schedule that does not wait for a good time to sell. A federal estate tax return and any tax owed are generally due nine months after death unless an extension is granted, and state taxes, debts, and administration costs follow their own deadlines.
Without planning, heirs may be forced to liquidate assets at unfavorable prices, take on debt, or sell an interest in a family business to an outsider. Farms and rental properties are especially vulnerable, because they produce income but cannot be divided or sold quickly without destroying much of their value. Retirement accounts present a different problem: withdrawing money to pay estate costs can create income tax on top of estate tax.
A properly structured permanent life insurance policy solves the timing problem directly. The death benefit arrives in cash, typically within weeks of a claim, and can be used to pay estate taxes, settle debts, fund trusts, or buy illiquid assets from the estate at fair value so the family keeps them. Because the benefit is generally received free of federal income tax, every dollar is available for the purpose it was bought for.
The planning question is how much cash the estate will need, when, and who should own the policy so the proceeds do not add to the very tax they are meant to pay. Each of those decisions is covered in the sections that follow.
Federal Estate Tax: The Exemption, the Rate, and Portability
The federal estate tax applies only to estates above an exemption amount, and that amount has changed many times. The Internal Revenue Service currently lists the filing threshold at $15 million per person, and recent legislation made that higher exemption permanent and indexed it for inflation. The figure can still be changed by future legislation, which is one reason estate plans should be reviewed periodically rather than built around a single number. Amounts above the exemption are taxed at rates that reach 40 percent.
Married couples have two important tools. The unlimited marital deduction allows assets to pass to a surviving spouse who is a U.S. citizen without estate tax, which is why the tax for many couples arrives at the second death rather than the first. Portability allows a surviving spouse to use the deceased spouse’s unused exemption, but the IRS notes that the election must be made on a timely filed estate tax return, even when no tax is owed. Families who skip that filing can lose a substantial exemption.
Many families now fall below the federal threshold, which raises a fair question: is life insurance still useful for estate planning? For most estates, the answer is yes, because the liquidity problem described above exists whether or not federal tax is owed. State estate and inheritance taxes, income taxes on retirement accounts, debts, equalization goals, and business succession all create cash needs that have nothing to do with the federal exemption.
For estates that do exceed the exemption, or could exceed it as assets grow, the arithmetic is simple. Every dollar above the exemption may be taxed at up to 40 percent, and life insurance held outside the estate is one of the most efficient ways to fund that bill.
State Estate and Inheritance Taxes
Federal law is only part of the picture. A number of states, along with the District of Columbia, impose their own estate tax, and several impose an inheritance tax paid by the people who receive assets. State exemptions are often far lower than the federal amount, so an estate that owes nothing to the IRS can still owe a meaningful amount to the state where the decedent lived or owned real estate.
Inheritance taxes work differently from estate taxes. The rate typically depends on the relationship between the decedent and the heir, with spouses usually exempt and children often exempt or taxed at low rates, while siblings, nieces, nephews, and unrelated heirs may face higher rates. Families who plan to leave assets to people outside the immediate family should understand how their state treats those gifts.
State rules also change more often than many families realize, and some states have repealed or adjusted their taxes over time. Property owned in more than one state can expose an estate to more than one state’s rules. Because these details vary so widely, the state-level picture is a question for your estate attorney or CPA, and the insurance amount should be sized after that analysis rather than before it.
Life insurance fits state tax planning the same way it fits federal planning. If a state estate tax will be owed, a policy owned by a trust can provide the cash to pay it without forcing heirs to sell a home, a farm, or business interests. Our office coordinates with your advisors so the coverage amount reflects both federal and state exposure.
How Life Insurance Ends Up in Your Taxable Estate
Many people are surprised to learn that life insurance they own is counted in their taxable estate. The death benefit may be free of income tax, but if the insured owned the policy or held what the tax code calls incidents of ownership, such as the right to change beneficiaries, borrow against the policy, or surrender it, the full death benefit is generally included in the estate. A $5 million policy owned by the insured can add $5 million to the estate and, for a large estate, a significant amount of tax.
The solution is to have someone other than the insured own the policy, and the most common choice is a trust. Estate planning strategies frequently involve irrevocable life insurance trusts (ILITs), dynasty trusts, and charitable planning vehicles. When a properly drafted trust owns the policy from the start, the proceeds can pass outside the taxable estate while still being managed according to the family’s instructions.
Timing matters. When an existing policy is transferred to a trust, the death benefit is generally pulled back into the estate if the insured dies within three years of the transfer. For that reason, many planners prefer to have the trust apply for and own a new policy from the outset, which avoids the three-year lookback entirely. Where an existing policy is worth keeping, transferring it early gives the clock time to run.
Ownership by an adult child or other individual is another option, but it introduces risks: the policy becomes part of that person’s assets, exposed to their creditors and divorce, and the insured loses any say in how proceeds are used. A trust usually offers more control and protection.
Irrevocable Life Insurance Trusts in Practice
An irrevocable life insurance trust is a separate legal entity that owns the policy, pays the premiums, collects the death benefit, and distributes or manages it under the terms the grantor sets. Because the insured does not own the policy, the proceeds are generally excluded from the taxable estate. Because the trust is irrevocable, its terms cannot be casually changed, which is the trade-off for that tax treatment.
Premiums are usually funded by gifts from the insured to the trust. To make those gifts qualify for the annual gift tax exclusion, which is currently $19,000 per recipient and adjusts with inflation, many trusts give beneficiaries a temporary right to withdraw each contribution, commonly called a Crummey power after the court case that recognized it. The trustee sends notice of each gift, the withdrawal window lapses, and the trustee pays the premium. Skipping those notices is one of the most common administrative mistakes in ILIT planning.
Trusts also give the family control over how proceeds are used. Instead of a lump sum paid outright to heirs, the trust can hold the money for children until they reach set ages, protect it from a beneficiary’s creditors or divorce, buy assets from the estate to provide liquidity, or continue for multiple generations. Families who want to understand the beneficiary side of this arrangement can read our guide to naming a trust as life insurance beneficiary.
For very large estates, a trust designed to last for generations, often called a dynasty trust, can use the generation-skipping transfer tax exemption, which currently matches the estate tax exemption, to shelter insurance proceeds from transfer taxes at each generation. These structures require careful drafting by an estate attorney, and the insurance should be designed to fit the trust rather than the other way around.
Survivorship Policies for Married Couples
Because the unlimited marital deduction usually defers estate tax until the second spouse dies, many couples need cash at the second death rather than the first. A survivorship policy, sometimes called second-to-die coverage, insures two people and pays the death benefit only after both have died. That timing matches the tax bill, and it usually makes survivorship coverage less expensive than two separate policies with the same total benefit. Our page on survivorship joint whole life insurance explains how these policies are structured.
Survivorship coverage also helps with underwriting. Because the carrier is pricing the second death, it can often accommodate one spouse who has significant health issues or would be difficult to insure alone, as long as the other spouse is in reasonable health. For couples where one spouse has a serious medical history, survivorship coverage may be the most practical way to secure meaningful estate liquidity.
Ownership matters even more with survivorship policies, because the death benefit is usually large and intended entirely for estate purposes. Most survivorship policies used for estate tax planning are owned by an irrevocable trust from the start, with both spouses making gifts to fund the premiums.
Survivorship coverage is not right for every couple. It provides nothing at the first death, so a surviving spouse who needs income or liquidity after losing a partner will need separate coverage for that purpose. Many plans combine a single-life policy that protects the survivor with a survivorship policy that funds the estate, and the balance depends on income needs, the size of the estate, and how assets are titled.
Estate Equalization for Family Businesses, Farms, and Real Estate
Estate equalization is one of the most practical uses of life insurance, and one of the least understood. When an estate contains a concentrated asset, such as an operating business, a farm, or commercial real estate, dividing it evenly among children may be impractical or harmful. The child who runs the business needs control of it, while siblings who are not involved may want or need their share in cash.
Life insurance can provide that cash. For example, one child may inherit the operating company while another receives life insurance proceeds of equal value, avoiding conflict while keeping the business intact. Without insurance, the parents may face a choice between leaving the business to all children jointly, which can create friction and deadlock, or forcing a sale so the estate can be divided evenly.
Equalization is especially common among owners with substantial incomes and concentrated wealth, and our guide to life insurance for high-income earners covers how coverage amounts are justified at higher levels. Underwriters will want to understand the business value and the equalization purpose, and a short letter from your attorney or CPA describing the plan helps support the amount requested.
Equal is not always the same as fair, and families should talk openly about expectations. A child who has spent decades building the business may be seen as having earned a larger share, while a sibling who cared for aging parents may have contributed in other ways. Life insurance gives the parents flexibility to define what fair means for their family, then fund it, rather than leaving the decision to a court or to negotiations among grieving heirs.
Business Succession: Buy-Sell Agreements, Key Person Coverage, and Valuation
Business owners in particular rely on life insurance as a planning cornerstone. Policies commonly fund buy-sell agreements, ensuring that if one owner dies, the surviving owners or the company can purchase the deceased owner’s interest at an agreed price, and the family receives fair value in cash rather than an illiquid stake. Our guide to buy-sell life insurance explains cross-purchase and entity-redemption structures. Life insurance is also used for key person protection, providing capital to stabilize operations, reassure lenders, and recruit replacement leadership.
The structure of a buy-sell agreement has estate tax consequences. In Connelly v. United States, the U.S. Supreme Court held that a corporation’s obligation to redeem a deceased owner’s shares does not automatically reduce the company’s value for estate tax purposes, so life insurance proceeds received by the company to fund the redemption can increase the value of the deceased owner’s shares. The Court noted that other structures, such as a cross-purchase agreement, could lead to different results. Many owners with company-owned policies have since reviewed their agreements with counsel.
Ownership also matters for portability. Coverage provided through an employer usually ends or must be converted when employment ends, while individually owned coverage stays with the owner. If you are evaluating how coverage integrates into business planning, it is worth comparing group vs. individual life insurance to understand those ownership and portability differences.
Succession plans also change as businesses grow. A buy-sell agreement funded with coverage that matched the company’s value years ago may now cover only a fraction of it, leaving the surviving owners unable to complete the purchase. Our office reviews coverage against current valuations and works with your attorney and CPA when the agreement or its funding needs to change.
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Choosing the Right Type of Permanent Coverage
Estate planning needs usually call for permanent coverage, because the need lasts until death rather than ending after a set number of years. Within permanent coverage, three designs dominate estate work, and each serves a different priority.
Guaranteed universal life focuses on the death benefit. It offers a guaranteed benefit to a chosen age, often 100 or beyond, with minimal cash value, which typically makes it the least expensive way to guarantee a large estate tax benefit. The mechanics of those guarantees are laid out in our explainer on guaranteed universal life insurance. The trade-off is limited flexibility: missed or late premiums can weaken the guarantee, and there is little cash value to access.
Whole life offers guaranteed premiums, guaranteed cash value growth, and, with participating policies from mutual carriers, the potential for dividends, which are not guaranteed. It costs more than guaranteed universal life for the same death benefit but builds a substantial asset that can be borrowed against or used to adjust the policy later. Indexed universal life links cash value growth to a market index, with a floor that protects against index losses and caps or participation rates that limit gains. It offers flexibility and growth potential but relies on assumptions that should be stress-tested. Our comparison of indexed universal life vs. variable universal life explains how those designs differ.
Many estate plans use more than one design. A guaranteed universal life policy may fund estate taxes, while a whole life policy builds accessible cash value. The right mix depends on whether the priority is the lowest guaranteed cost, accessible cash, or growth potential.
Cash Value as a Living Asset
Permanent life insurance also offers meaningful living benefits. Unlike term coverage, policies such as whole life or indexed universal life can accumulate cash value that grows tax-deferred. When structured appropriately and managed carefully, that cash value can be accessed through policy loans, creating supplemental retirement income without triggering income tax as long as the policy stays in force and is not a modified endowment contract.
That last condition matters. A policy funded too quickly relative to its death benefit fails a federal test and becomes a modified endowment contract. Loans and withdrawals from such a policy are taxed on gains first, and, before age 59½, may carry an additional 10 percent penalty. Policies designed for cash accumulation should be funded within the limits that keep them from crossing that line.
Loans also carry their own risk. Loan interest accrues, and if the loan balance grows large enough relative to the cash value, the policy can lapse. A lapse with an outstanding loan can create a taxable gain for the owner at the worst possible time, and it ends the death benefit the estate plan was relying on. Policies used for income should be monitored annually with in-force illustrations.
For clients evaluating protection amounts before moving into permanent coverage, tools like the term life insurance calculator can help establish a baseline. Beyond retirement income, policy cash values may provide emergency liquidity, bridge funding opportunities, or a source of funds for opportunities that arise during life. In many states, cash value also receives some protection from creditors, although the degree of protection varies widely from state to state.
Comparing Ownership Options
Who owns the policy determines whether the death benefit is taxed in the estate, who controls it during life, and how protected it is from creditors and family disputes. The table below compares the most common choices.
| Owner | In the Taxable Estate? | Control During Life | Main Drawback |
|---|---|---|---|
| The Insured | Generally yes | Full control | Proceeds can add to estate tax |
| Spouse | Not at the insured’s death, but may be at the spouse’s | Spouse controls | Problem shifts to the second death |
| Adult Children | Generally no | Children control | Exposed to their creditors and divorce |
| Irrevocable Trust | Generally no, if properly structured | Trustee follows trust terms | Terms are difficult to change |
| Business | Proceeds can affect business valuation | Company controls | Valuation and agreement design need review |
The choice also affects day-to-day administration. A trust needs a trustee who will receive gifts, send any required notices, and pay premiums on time, and that trustee can be a family member, a trusted advisor, or a professional trust company. A business-owned policy needs board or partner approval and accounting treatment that matches the agreement it funds. Individual ownership is the simplest to run but offers the least protection.
No single choice is right for every family. Trust ownership offers the strongest estate tax protection for large estates, while individual ownership may be perfectly adequate for estates well below the exemption that need liquidity rather than tax savings. The decision belongs with your estate attorney, and the policy should be issued with the chosen owner from the start whenever possible.
Long-Term Care Riders and Hybrid Policies
An extended care need is one of the biggest threats to an estate plan. Years of care can consume assets that were meant for heirs, and families often find that the estate plan they designed assumed money that was spent on care. Life insurance can help, either through riders that allow the death benefit to be accelerated for care or through hybrid policies built specifically to combine life and long-term care coverage.
Hybrid policies pay long-term care benefits if care is needed and a death benefit if it is not, so the money serves the family either way. Our guide to hybrid life insurance with long-term care benefits explains how those policies are designed. Chronic illness and long-term care riders on traditional policies work differently, typically allowing a portion of the death benefit to be paid early when the insured meets the rider’s definition of chronic illness, which reduces what remains for heirs.
Life insurance is not a complete replacement for long-term care planning, and riders vary widely in how benefits are triggered, how much can be accelerated, and whether a discount applies to accelerated amounts. Families should compare those terms carefully, and those with health histories should understand that long-term care coverage has its own underwriting standards.
From an estate planning perspective, the value is protection of the plan itself. A family that has addressed the risk of a long care need can make gifting, trust, and equalization decisions with more confidence, knowing that a care event is less likely to unravel them.
Charitable Planning and Wealth Replacement
Charitably inclined families can use life insurance to amplify their giving. The simplest approach is naming a charity as the beneficiary of a policy, which can create a larger gift than the premiums alone would have funded. Another is donating an existing policy to a charity, which may generate an income tax deduction, subject to the rules that apply to gifts of life insurance.
A more advanced strategy pairs a charitable remainder trust with life insurance. The donor transfers appreciated assets to the charitable trust, which can sell them without immediate capital gains tax and pay the donor an income stream for life or a term of years. The donor receives a charitable deduction, and the remainder goes to charity. Because heirs will not receive those assets, the donor can use some of the income or tax savings to fund a policy in an irrevocable trust, often called a wealth replacement trust, that restores the inheritance.
Retirees who give regularly may also coordinate insurance planning with other tax-efficient giving methods. Our guide to qualified charitable distributions from IRAs covers one approach that can reduce taxable income while supporting causes you care about, leaving other assets and insurance proceeds for heirs.
Charitable strategies involve tax rules that require professional guidance. Our office works with your attorney and CPA to design the insurance portion, sizing the policy so that heirs receive what you intend while the charitable gift accomplishes its purpose.
Pension Maximization for Retirees
Retirees with pensions face a choice between a single-life payment, which is higher but stops at death, and a joint-and-survivor payment, which is lower but continues for a surviving spouse. Pension maximization is the strategy of electing the higher single-life payment and using part of the difference to buy life insurance that protects the surviving spouse if the pensioner dies first.
The strategy can work well, but it has real risks. The pensioner must qualify for coverage at a reasonable price, and the policy must remain in force for as long as the spouse needs protection. If the policy lapses or the death benefit is too small to replace the lost pension, the surviving spouse can be left worse off. Federal rules for many employer plans also require the spouse’s written consent to waive survivor benefits, so the decision should be made together and with full information.
The comparison should be done with real numbers: the reduction for the joint-and-survivor option, the cost of coverage, and how much income the death benefit could generate for the survivor. For individuals evaluating annuity income strategies as part of that calculation, reviewing current annuity rates shows how much guaranteed income a given death benefit could purchase for a surviving spouse.
Pension maximization also has an estate planning advantage. If the spouse dies first, the pensioner keeps the higher single-life payment for life, and the life insurance can either be continued for heirs or surrendered for its cash value, depending on the policy type.
Step-Up in Basis and Why Insurance Complements It
Many inherited assets receive a step-up in cost basis at death, which means heirs who sell appreciated stock or real estate generally owe capital gains tax only on growth after the date of death. Our explanation of what a step-up in cost basis is covers how the rule works. The step-up can make it attractive to hold appreciated assets until death rather than selling or giving them away during life.
That benefit creates a planning tension. Holding appreciated assets for the step-up can leave an estate heavy in illiquid property and light in cash, which is exactly the situation that creates forced sales. Life insurance resolves the tension by supplying the cash, so heirs can keep or sell the stepped-up assets on their own schedule.
Retirement accounts are the important exception. Traditional IRAs and 401(k) plans do not receive a step-up, and most non-spouse beneficiaries must empty inherited accounts within a set period, paying income tax on withdrawals. Large retirement balances can therefore create a substantial income tax bill for heirs on top of any estate tax.
Some families respond by taking larger withdrawals during retirement, paying the income tax at their own rates, and using part of the after-tax money to fund life insurance that passes to heirs free of income tax. Whether that trade makes sense depends on tax brackets, health, and goals, and it is a calculation our office can run alongside your CPA.
Planning for a Child With Special Needs
Parents of a child with a disability face a particular estate planning challenge. Leaving assets directly to the child can disqualify them from means-tested programs such as Supplemental Security Income and Medicaid, yet the child may need lifelong support after the parents are gone. Life insurance paired with a special needs trust is one of the most common solutions.
The policy names the special needs trust, not the child, as beneficiary. The trust receives the death benefit and the trustee uses it to pay for things that improve the child’s quality of life without replacing the benefits the child relies on. Our page on special needs trusts and life insurance explains how the pieces fit together.
Survivorship coverage is often a good fit here, because the child’s need for support typically becomes most pressing after both parents have died. Permanent coverage is usually preferred over term, since the need does not end at a predictable date.
The most common mistake is naming the child directly, or naming a sibling with an informal understanding that they will care for the child. Both approaches can create problems with benefits, creditors, or family relationships. Beneficiary designations on every policy and retirement account should be coordinated with the trust, and other relatives should know to name the trust as well if they plan to leave something to the child.
Premium Financing for Large Estates
For very large estates that need substantial coverage, paying premiums out of pocket may mean selling investments or business interests that are producing strong returns. Premium financing is a strategy in which a lender pays the premiums, the policy and other assets serve as collateral, and the loan is repaid later, often from the policy’s cash value or the death benefit. Our overview of how premium financing works for estate planning covers the mechanics.
Premium financing is not a shortcut. The loan carries interest that can rise, collateral requirements can increase if the policy underperforms, and the lender may require additional assets at inconvenient times. A design that looks attractive under one interest rate and crediting assumption can become expensive under another.
The strategy is generally appropriate only for high-net-worth individuals with significant liquidity outside the policy, a clear exit strategy for repaying the loan, and advisors who will stress-test the plan under unfavorable conditions. When those conditions are met, it can let a family secure the coverage the estate needs while keeping capital invested in the business or portfolio.
Our office reviews financed proposals with particular care, comparing the projected costs under several interest rate and crediting scenarios before recommending any design.
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Qualifying for Coverage With Health or Occupation Concerns
Estate planning coverage is often purchased later in life, when health histories are more complicated. For individuals concerned about insurability, underwriting strategy matters. Conditions that once limited approval may still qualify today depending on carrier guidelines, and we routinely assist clients navigating complex underwriting cases, as our guide to life insurance with pre-existing conditions explains.
Specific diagnoses are handled very differently from one carrier to the next. Neurological conditions are a good example: our page on life insurance for multiple sclerosis shows how disease course, disability level, and treatment history shape an offer. Large policies are often shared with reinsurers, and because carriers and reinsurers weigh the same history differently, a case one company declines may be approved by another.
Occupation and lifestyle matter as well. For individuals in higher-risk professions, reviewing life insurance for high-risk occupations can clarify how carriers assess those risks, and aviation, travel, and hazardous hobbies are reviewed separately.
Large cases also involve financial underwriting. Carriers want to see that the amount requested is justified by the size of the estate, the projected tax, or the business value, and they will ask for financial statements or a letter from your advisor. Preparing that documentation in advance shortens the process and helps avoid a reduced offer.
Reviewing Older Policies
Underwriting and policy design are critical, and premium structure, rider selection, loan provisions, and ownership all influence long-term performance. Policies must be stress-tested against interest rate changes, funding changes, and longevity assumptions. Many people own older universal life policies that were illustrated at interest rates that later fell, leaving them underfunded and at risk of lapsing at advanced ages when the coverage matters most.
An in-force illustration from the carrier shows how a policy is projected to perform under current assumptions and what premium would be needed to keep it in force to a chosen age. Reviewing that illustration every few years, and whenever premiums or goals change, can reveal problems while they can still be fixed.
Other changes can make a review worthwhile. Modern products sometimes offer stronger guarantees, better long-term care features, or lower costs for the same benefit, and a policy can sometimes be exchanged for a new one under Section 1035 of the tax code without triggering tax on the gain. Any replacement should be evaluated carefully, since a new policy restarts the contestability and suicide periods and may involve new underwriting and surrender charges.
Ownership and beneficiary designations also drift out of date. A policy still owned by the insured, a beneficiary who has died, or a trust that no longer exists can undermine a plan that otherwise looks complete. A second opinion can often uncover opportunities to improve efficiency or reduce risk.
Working With Your Estate Attorney and CPA
Life insurance is one piece of an estate plan, and it works best when it is designed alongside the other pieces. Your estate attorney drafts the wills, trusts, and business agreements. Your CPA projects the tax consequences and keeps returns and filings in order. Your insurance broker designs, underwrites, and places the coverage that funds the plan.
Problems arise when those pieces are built separately. A trust that the attorney drafted may never receive the policy, because the insured applied for coverage personally. A buy-sell agreement may call for a purchase price that the coverage no longer matches. A beneficiary designation may override the plan the will describes, because policy proceeds pass by contract rather than through the will.
Coordination prevents those failures. Before a policy is issued, the owner, beneficiary, and premium funding should be confirmed with the attorney. After it is issued, the CPA should understand how premiums are paid and whether gift tax returns are needed. And as the estate, the business, or the tax law changes, the team should review whether the coverage still fits.
Our office welcomes that collaboration. We regularly work with clients’ attorneys and CPAs, share illustrations and underwriting results with them, and adjust designs based on their input, so the insurance supports the plan they are building.
How Our Office Helps
At Diversified Insurance Brokers, we take a holistic approach to life insurance services. Every estate planning case starts with understanding what the coverage needs to accomplish: paying estate or state taxes, equalizing inheritances, funding a buy-sell agreement, replacing wealth given to charity, protecting a spouse, or providing for a child with special needs.
From there, Jason and our office estimate the liquidity need with your advisors, recommend the ownership structure and policy design that fit, and prescreen your health history with carriers most likely to offer favorable terms. For large cases, we prepare the financial justification underwriters will ask for and coordinate trust ownership so the policy is issued correctly from the start.
After the policy is in force, we stay involved. We review in-force illustrations, help the trustee keep premiums and notices on schedule, and revisit the design when the estate, the business, or the law changes. Whether your objective is estate tax planning, business continuity, charitable planning, or retirement income efficiency, our role is to design coverage that aligns with measurable goals rather than generic assumptions.
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FAQs: Life Insurance in Estate Planning
Is life insurance included in my taxable estate?
Generally yes, if you own the policy or hold rights such as changing the beneficiary or borrowing against it. The full death benefit is then counted in your estate, even though it is usually free of income tax. Having an irrevocable life insurance trust apply for and own the policy from the start is the most common way to keep proceeds outside the estate, and an existing policy transferred to a trust is generally pulled back in if the insured dies within three years.
Do I still need a will or trust if my policy names beneficiaries?
Yes. A beneficiary designation controls only that policy, and it passes outside your will. A will or trust governs everything else, names guardians for minor children, and sets terms for how assets are managed. The two should be coordinated so they work together. Our guide on getting a will and trust online covers the basics.
What happens if my beneficiary designation is out of date?
The insurer pays whoever is named on the policy, even if your will or trust says otherwise. An ex-spouse, a deceased beneficiary, or a minor child named directly can create delays, court involvement, or results you never intended. Reviewing designations after every major life event prevents those problems. Our list of common beneficiary designation mistakes to avoid explains what to check.
Can life insurance protect a family business when an owner dies?
Yes. Policies can fund buy-sell agreements so surviving owners can buy the deceased owner’s interest, provide cash to keep operations stable during a transition, and give the family fair value without an outside sale. Coverage on an employee or owner whose skills drive revenue is known as key person insurance for business.
Should business-related coverage be owned personally or by the company?
It depends on the purpose and the agreement. Cross-purchase arrangements have co-owners own policies on each other, while entity arrangements have the company own them, and the choice can affect estate tax valuation as well as cost and administration. Your attorney and CPA should help decide. Ownership choices are compared in our guide to life insurance for business owners.
How much coverage does an estate plan need?
Start with projected federal and state estate taxes, add debts, final expenses, settlement costs, and income tax on retirement accounts, then add any equalization or business funding goals. The total is the liquidity the estate will need, and existing cash can reduce it. The underlying math is explained in our article on calculating your coverage amount.
How do I know the insurer will be able to pay decades from now?
Look at the carrier’s financial strength ratings from independent agencies, along with its history and the type of company it is. For estate planning coverage that may not pay for many decades, strong ratings matter as much as price. Our explanation of what an AM Best rating means shows how to read those ratings.
My spouse is not a U.S. citizen. Does that change the plan?
It can. The unlimited marital deduction generally does not apply to assets left to a spouse who is not a U.S. citizen unless they pass through a qualified domestic trust, and lifetime gifts to a non-citizen spouse have a separate annual limit. Life insurance owned by a trust can help provide liquidity in these situations. Our page on coverage for high-net-worth foreign nationals discusses related planning.
I bought a policy years ago. Should it be reviewed?
Yes. Older universal life policies may be underfunded if interest rates fell after they were issued, and ownership or beneficiary designations may no longer match your plan. An in-force illustration shows whether the policy will last as intended, and a newer design may offer better guarantees. Our office can review it through a second opinion on your policy.
About the Author:
Jason Stolz, CLTC, CRPC, DIA, CAA and Chief Underwriter at Diversified Insurance Brokers (NPN 20471358), is a senior insurance and retirement professional with more than 25 years of real-world experience helping individuals, families, and business owners protect their income, assets, and long-term financial stability. As a long-time partner of the nationally licensed independent agency Diversified Insurance Brokers, Jason provides trusted guidance across multiple specialties—including fixed and indexed annuities, long-term care planning, personal and business disability insurance, life insurance solutions, Group Health, Travel Medical and Evacuation Insurance, and short-term health coverage. Diversified Insurance Brokers maintains active contracts with over 100 highly rated insurance carriers, ensuring clients have access to a broad and competitive marketplace.
His practical, education-first approach has earned recognition in publications such as VoyageATL, and contributions from his agency featured in Kiplinger and GoBankingRates— highlighting his commitment to financial clarity and client-focused planning. Drawing on deep product knowledge and years of hands-on field experience, Jason helps clients evaluate carriers, compare strategies, and build retirement and protection plans that are both secure and cost-efficient. Visitors who want to explore current annuity rates and compare options across multiple insurers can also use this annuity quote and comparison tool.
Browse More Resources: Return to our complete Life Insurance Special Topics guide — covering permanent life, estate planning, key person, IUL, infinite banking & special needs.
Last Reviewed: October 10, 2026 |
Reviewed by: Jason Stolz, CLTC, CRPC, DIA, CAA
Chief Underwriter, Diversified Insurance Brokers, Inc. | NPN: 20471358 | Diversified Insurance Brokers, Inc. — Licensed in all 50 states
Fact Checked by: Tonia Pettitt, CMIP©
Medicare Specialist, Diversified Insurance Brokers, Inc. | NPN: 14374308 | Diversified Insurance Brokers, Inc. — Licensed in all 50 states
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