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What is an Irrevocable Life Insurance Trust (ILIT)

What is an Irrevocable Life Insurance Trust (ILIT)

Jason Stolz CLTC, CRPC

An Irrevocable Life Insurance Trust (ILIT) is one of the most advanced and powerful estate planning structures available to families who want to reduce estate taxes, control how wealth transfers to the next generation, and protect life insurance proceeds from creditors, lawsuits, and divorce exposure. When properly designed and coordinated with your estate attorney and tax professionals, an ILIT removes life insurance from your taxable estate while preserving long-term control over how those proceeds are distributed. For affluent families, business owners, and individuals with complex asset structures, this is not simply a tax tool—it is a liquidity, control, and asset-protection strategy that can preserve generational wealth.

At Diversified Insurance Brokers, we do not draft trusts or provide legal advice. What we do is equally critical: we design and stress-test the life insurance strategy that funds the ILIT. The trust document itself is only as strong as the policy backing it. Poor carrier selection, aggressive illustrations, underfunded premiums, or misunderstood guarantees can undermine an otherwise well-crafted estate plan decades into the future. That is why ILIT insurance design must be conservative, durable, and integrated into your broader financial strategy, including retirement income planning, business succession, and tax mitigation frameworks.

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Why ILIT Planning Exists: The Estate Tax Liquidity Problem

Federal estate taxes, and in some states additional state estate taxes, can create significant liquidity pressure at death. Life insurance is often purchased to provide immediate cash to pay estate taxes, settle debts, equalize inheritances among children, or fund business continuation agreements. Ironically, if you personally own the life insurance policy, the death benefit may be included in your taxable estate—potentially increasing the estate tax liability the policy was meant to solve. An ILIT separates ownership from the insured, which generally removes the proceeds from estate inclusion when structured correctly.

This estate liquidity issue becomes even more critical for families whose wealth is concentrated in real estate, closely held businesses, private equity, or other illiquid investments. Forced liquidation during probate or estate settlement can destroy long-term value. An ILIT-funded life insurance policy creates tax-efficient liquidity without requiring heirs to sell core assets at the wrong time. This strategy often works in tandem with business continuation strategies like life insurance to fund buy-sell agreements to preserve enterprise continuity.

How an Irrevocable Life Insurance Trust Actually Works

An ILIT is a legal trust drafted by an estate planning attorney. Once established, the trust—not you—applies for and owns a life insurance policy on your life (or joint lives). Because the trust is irrevocable, you cannot reclaim ownership or alter the trust terms after creation. That lack of control is precisely what allows estate exclusion to occur. You make annual gifts to the trust, and the trustee uses those funds to pay policy premiums. Upon death, the insurance company pays the benefit directly to the trust. The trustee then distributes or manages those proceeds according to the trust’s instructions.

The distribution structure can be highly customized. Some ILITs provide income to a surviving spouse while preserving principal for children. Others stagger distributions to children over time. Some maintain lifetime discretionary trusts for asset protection. This level of control makes ILITs far more sophisticated than simply naming beneficiaries outright on a policy.

Choosing the Right Type of Life Insurance for an ILIT

Not all life insurance policies are appropriate for ILIT funding. In estate planning, guarantees matter more than optimistic projections. For pure estate tax liquidity, many families use guaranteed universal life policies because they provide fixed premiums and strong no-lapse guarantees. Others may use permanent solutions like whole life insurance when long-term stability and potential dividend accumulation align with trust objectives.

For married couples, survivorship policies can be particularly efficient. Since estate taxes are often due at the second death, survivorship designs provide larger death benefits per premium dollar. Proper design requires careful comparison across carriers. Reviewing company strength, historical performance, and guarantee structures is essential, which is why we often compare top-rated insurers such as those reviewed in National Life Group, Integrity Life, and National Western analyses before recommending a final structure.

Funding Strategy and Gift Tax Considerations

ILIT premiums are typically funded through annual exclusion gifts. Trustees issue formal withdrawal notices to beneficiaries, allowing contributions to qualify for gift tax exclusions. Larger estates may also integrate lifetime exemption planning. Proper funding discipline is critical. Underfunding a policy inside an ILIT can cause catastrophic lapse risk decades later. Once insured health changes, replacement may not be possible. Conservative funding assumptions and carrier selection dramatically reduce this risk.

Many families integrate ILIT funding with broader tax mitigation strategies discussed in How the Wealthy Minimize Taxes. Estate liquidity planning should never occur in isolation—it must align with retirement accounts, charitable giving, and investment structures.

Asset Protection and Control Advantages

Beyond estate tax mitigation, ILITs provide meaningful asset protection benefits. Trust-owned life insurance proceeds can be shielded from beneficiaries’ creditors, lawsuits, and divorce claims. This long-term protection is particularly valuable for families concerned about preserving generational wealth.

Additionally, ILITs prevent beneficiaries from receiving large lump-sum inheritances at young ages. Trustees can structure distributions for education, healthcare, home purchases, or milestone ages. This controlled distribution framework aligns well with broader financial planning, including retirement income strategies such as safe fixed annuity options or structured income approaches like SPIAs with inflation protection.

Common ILIT Mistakes That Destroy Long-Term Results

The most common mistake is transferring an existing policy into a trust without accounting for the three-year lookback rule. If the insured dies within three years of transfer, the death benefit may still be included in the estate. Another common issue is selecting an underperforming carrier or an aggressively illustrated policy that collapses later. In estate planning, predictability beats projection.

Some families also fail to coordinate ILIT planning with business succession or retirement income planning. Estate liquidity should complement—not conflict with—retirement cash flow strategies. Many business owners pair ILIT strategies with retirement transition planning such as what to do with a solo 401(k) after retirement to ensure liquidity exists both during life and after death.

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Why Independent Carrier Selection Matters

Estate plans often last decades. Choosing the wrong carrier today can create funding shortfalls twenty or thirty years from now. Reviewing insurer financial strength, guarantee history, and policy design flexibility is critical. Independent evaluation ensures the policy aligns with trust objectives and minimizes long-term risk exposure.

What is an Irrevocable Life Insurance Trust (ILIT)

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Frequently Asked Questions About Irrevocable Life Insurance Trusts (ILITs)

Does an ILIT remove life insurance from my taxable estate?

When structured correctly, yes. An Irrevocable Life Insurance Trust owns the policy rather than you personally, which generally prevents the death benefit from being included in your taxable estate. This can significantly reduce estate tax exposure for high-net-worth families. However, other assets—such as retirement accounts, real estate, or business interests—may still create estate tax liability. Many clients coordinate ILIT planning alongside broader wealth transfer strategies discussed in Is Life Insurance a Good Investment? and retirement income structures such as annuities to ensure liquidity and tax efficiency work together.

Can I change or revoke an ILIT after it is created?

No. The defining feature of an ILIT is that it is irrevocable. Once established and funded, you cannot reclaim the policy or alter the trust terms without legal intervention. This permanence is what allows the policy to be excluded from your estate. Because of that, policy design must be conservative and durable—often using structures like Survivorship Joint Whole Life Insurance or guaranteed universal life for long-term certainty.

Is survivorship life insurance better for ILIT planning?

For married couples, survivorship (second-to-die) policies are often more cost-efficient because federal estate taxes are typically due after the second spouse passes away. These policies can provide larger death benefits per premium dollar and are frequently used when estate liquidity is the primary objective. You can explore structure comparisons in our guide on Whole Life Insurance to better understand how guarantees differ.

What is the three-year rule and why does it matter?

If you transfer an existing life insurance policy into an ILIT and pass away within three years, the death benefit may still be included in your estate. To avoid this issue, many estate planners recommend having the ILIT apply for and own a brand-new policy from the start. Proper coordination with your attorney and insurance advisor is critical to avoid unintended estate inclusion.

How are ILIT premiums funded without triggering gift taxes?

Premiums are typically funded through annual gifts to the trust using the federal gift tax exclusion. Trustees issue formal notices (often called “Crummey notices”) allowing beneficiaries temporary withdrawal rights, which qualifies the transfer as a present-interest gift. Proper documentation is essential to preserve tax benefits. For clients coordinating broader tax strategies, we often review estate liquidity in combination with retirement planning decisions such as what to do with a 401(k) after retirement to ensure the entire plan is cohesive.

What happens if the ILIT policy lapses?

If premiums are underfunded or policy performance assumptions are unrealistic, the coverage could lapse—potentially destroying the estate plan’s liquidity strategy. This is why conservative structuring and carrier comparison are critical. Independent evaluation across multiple top-rated carriers reduces long-term lapse risk and ensures the trust accomplishes its objective decades into the future.

About the Author:

Jason Stolz, CLTC, CRPC, is a senior insurance and retirement professional with more than two decades 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, 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, 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.

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