10/15/2026
Most people assume life insurance is exempt from estate taxes. And they are right, in a sense: the death benefit passes income tax-free to beneficiaries.
But if you own the policy, the death benefit is included in your taxable estate.
For high-net-worth families, this matters. A $5 million policy owned by the insured adds $5 million to an estate that may already be navigating federal and New York state estate tax exposure.
An Irrevocable Life Insurance Trust, or ILIT, is a structure designed to keep the policy and its proceeds outside the taxable estate. The trust owns the policy. The death benefit pays to the trust. And the trustee distributes proceeds to beneficiaries according to the trust terms.
Done correctly, this can preserve the full value of the policy for your family rather than having a portion absorbed by estate taxes.
If life insurance is part of your estate plan, it is worth confirming where it sits.
Explore estate planning: https://legacygroupny.com/estate-planning/
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