10/08/2026
I get this question from time to time:
“I’m interested in a whole life policy for cash accumulation and legacy planning. Should I start the policy before or after finalizing my trust?”
My honest answer: it depends.
In many cases, people start with a personally owned policy and create a trust later. That’s what I did. But it isn’t always the right order.
For families facing potential estate tax, many attorneys prefer having the trust in place first.
Here’s the basic issue:
- If you personally own a life insurance policy, the death benefit may be included in your taxable estate.
- Life insurance proceeds are generally income-tax-free, but that does not mean they are automatically free of estate tax. Those are two different things.
An Irrevocable Life Insurance Trust, or ILIT, is one tool attorneys use. The ILIT owns the policy outside your estate. The death benefit can then provide liquidity for estate taxes without increasing the taxable estate in the same way personally owned coverage may.
A simplified example:
- Mom and Dad own $100 million in real estate.
- Assume roughly $15 million each, or $30 million total, is exempt from estate tax.
- That leaves about $70 million potentially subject to estate tax.
- At a 40% estate tax rate, that creates a $28 million tax bill.
- If the kids inherit real estate instead of cash, raising $28 million could be difficult.
One strategy some attorneys use:
- Mom and Dad have a life insurance policy with a $28 million death benefit, often designed to grow over time.
- An ILIT owns the policy.
- When they pass, the proceeds provide cash to help pay the estate tax bill.
Another question I hear:
“Can I start a policy in my own name and transfer it to a trust later?”
Generally, yes, but there are rules. Under the IRS three-year rule, if death occurs within three years of the transfer, the death benefit may still be included in the taxable estate. Other tax implications may apply.
I’m not a tax attorney, and I don’t provide tax or legal advice. I pay attention to what experienced estate attorneys do in practice.
If you’re considering a trust, my personal opinion is that you’re usually better off involving an attorney before starting the policy. Ideally, your estate attorney, CPA, financial advisor, and insurance agent are communicating so you aren’t stuck between conflicting advice.
This is an educational overview, not legal or tax advice.
I explain this in more detail in the video below, linked in the comments.