Honolulu Hawaii Estate Planning, Probate and Living Trusts Attorneys Sterling & Tucker

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PLANNING TIPS February 2006, Volume 17

INSURANCE - A Major Estate Planning Tool

Insurance is at the bedrock of estate planning. First, it reduces the risk of your estate getting wiped out by unforeseen events. Second, it has unique characteristics that, if used, can prevent an estate tax wipe out.

Estate planning is all about making sure things are taken care of. Insurance is part of that process. Here are various different kinds of insurance, and why you should consider having them:

INSURANCE ON YOU:
Life insurance pays a death benefit to your beneficiary. This is an essential insurance for someone who has responsibilities, such as a family, but has not yet built resources sufficient to cover those responsibilities in the event of a premature death. Disability insurance provides income to you in the event you can no longer work. Health insurance pays for medically necessary procedures and medications for you.

INSURANCE FOR YOUR HOME:
Homeowner’s insurance covers the risk of fire or other damage to your residence. It also covers the contents of your home and liability to third parties who are injured in your home. A Renter’s policy covers only the contents and injuries. Typically, earthquakes and floods are risks that are not covered and require separate policies for protection. Title insurance protects you against the possibility of someone claiming that your home is actually theirs.

OTHER INSURANCE:
Auto, boat, and other insurance protect both the property and/or any liability that arises from your use of that property. Professional liability insurance protects your family against innocent mistakes made in your career. Umbrella coverage goes on top of the other coverages, and is a very cost effective form of asset protection. If you have a $1 million umbrella and are in an auto accident, the claim would first go through your auto coverage (let’s assume $250,000) and then your umbrella. Umbrella coverage also covers negligence for actions you take unrelated to your home, auto, etc.

These coverages are important to preserve what you have built by protecting against losses from the destruction of the property and from liability that may arise from their use or ownership.

PLANNING THROUGH INSURANCE:
Life insurance can also be an excellent asset for use in estate planning because it has little value during your lifetime and then has great value at your death. Having little value during your life makes it easier for you to part with before your death.
Assume you would like to leave a legacy of $5 million to your descendants. You would owe $1 million in estate taxes at your death if you died owning $5 million. Passing this wealth on without incurring taxes is highly desirable, but to achieve that goal means some loss of control and sacrifice while you are still alive. Few want to part with their wealth before they die. Your estate would owe this tax even if the only asset you owned at your death was a $5 million life insurance policy.
There is a relatively easy way to avoid estate tax on the value that you leave to your heirs through life insurance.

Let’s assume you have $5 million in assets. If you used part of your estate to purchase a $2 million life insurance policy, you might pay $20,000 per year in premiums. If you are willing to irrevocably part with the $20,000 each year, then set up an irrevocable trust and have the trust buy the policy. Because the trust owns the policy and not you, the death benefit will be free from taxation at your death. The only taxable transfers to the trust would be the contributions for the premiums. However, with proper planning, even those premiums could be gift tax free. Life insurance trusts are a simple way to leave a legacy to the next generation estate tax-free. In the trust, you can also set forth specific distribution terms and conditions, which would not be possible with an outright gift.

Good timing and planning can make a great difference for your loved ones, and provide peace of mind for you.

By Michelle H. Tucker

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HONOLULU
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