Investment proposal from a broker

A broker with a national firm has solicited my 87 year old mother and proposed that she use the cash and securities in my deceased father's credit balance trust to purchase a life insurance contract on herself so that the proceeds of the life insurance contract can substantially increase the tax free payout to her heirs. The purchase amount would be about $750K. As I understand it, the money can and will go to her heirs totally tax free, until at least 2011.

Luckily, I am the successor trustee for my dad's estate, so nothing can happen without my OK. I know what I think of this plan, but I would like some one who has experience and an outsider's perspective to comment on the pro's and cons. There might be something I am missing...

Bob

Reply to
robert.moredock
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I've never heard of a credit balance trust before, and googling the term doesn't yield anything useful. Can you briefly describe their tax implications? What kind of tax is your mother or her heirs avoiding?

Dave

Reply to
Dave Dodson

What are the numbers involved? In 2007 the amount you can leave with no tax consequences is $2M. You don't mention if a proper A/B trust was set up to keep your Dad's half (or his estate tax credit limit) protected. But it sounds like that may have been done already. How much insurance is he claiming the $750 will buy? What is the size of both your mother and father's estate? Is she taking advantage of the $12,000/yr gifting? How many heirs does she have? With those numbers, there are likely many alternatives that won't rub you the wrong way. The risk is that after 2010, the exempt amount goes right back to $1M. JOE

Reply to
joetaxpayer

Definitely need more details Bob. We could use a complete picture of your mother's current estate. Who owns what, how much, and how is ownership titled? What trusts are in place and what are the relevant provisions? You can start by running a projected estimate of your mother's estate tax liability (and your resulting inheritance) if she continues with the current plan. That will give us a baseline for comparison.

It sounds like your father established a credit shelter trust (bypass trust). If so, then your mother is not the actual owner of the assets, the trust(s) are. This means that if structured properly, the insurance agent is absolutely correct that the death benefit proceeds will pass to the heirs without going through probate and without being subject to inheritance taxation. I imagine that he is proposing that the trust by the insurance on your mother's life. If that's the case, how much she can gift, estate tax exemption amounts, lifetime gift credits, etc, etc will not much matter. The fancy part is usually getting the money to make the premium payments out of her estate in the first place. The credit shelter trust will have already taken care of that.

My biggest concern is that at her age she can't buy enough insurance to make the benefit worth it. How much did the agent say she could get for $750k? $1.2M maybe $1.5M? Could the money have grown to this amount (or more!) by itself in a reasonable period of time? How much risk would she be willing to accept to forgo the guarantee of the insurance? You also need to keep an eye out for look back periods if any new trust and/or gifts are being established.

This kind of planning usually falls into the arena of chartered life underwriters (CLUs). They are kinda the top dogs of insurance. Is this agent certified in any way? The concept is not his own. If he is not qualified to implement and analyze the validity/suitability of a plan like this, then you can always take the idea to a more qualified individual.

Reply to
kastnna

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