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Last-Survivor Life Insurance

Although the estate tax is slated to disappear entirely in 2010, the relief for taxpayers will be fleeting. Unless Congress passes a law to eliminate the tax permanently, the federal estate tax will return to its previous 55% level in 2011. Most financial experts agree that the only way to deal with this uncertainty is to plan for estate taxes and hope for the best.

Last-survivor life insurance is a popular estate conservation tool for couples who want to help protect their legacy from estate taxes. Because this type of policy pays a benefit after the death of the last-surviving insured individual, it can provide heirs with much-needed cash to help cover final expenses and estate taxes.

As a result of the unlimited marital deduction, when one spouse dies, his or her entire estate passes to the surviving spouse without becoming subject to estate taxes. (The surviving spouse must be a U.S. citizen.) When the second spouse dies, however, federal estate taxes come due on whatever portion of the estate exceeds the prevailing exemption amount.

Because estate taxes are typically due within nine months of the surviving spouse’s death, heirs could be forced to sell property, liquidate other assets, or take out a loan in order to make the payment on time. The benefit from a survivorship life insurance policy can help provide funds so the heirs can pay the bill rather than dipping into their inheritance.

The cost and availability of life insurance depend on factors such as age, health, and the type and amount of insurance purchased. Before implementing a strategy involving life insurance, it would be prudent to make sure that you are insurable. As with most financial decisions, there are associated expenses with the purchase of life insurance. Policies commonly have contract limitations, fees, and charges, which can include mortality and expense charges. Most have surrender charges that are assessed during the early years of the contract if the contract owner surrenders the policy; plus, there could be tax implications. Any guarantees are contingent on the claims-paying ability of the issuing company. Life insurance policies are not guaranteed by the FDIC or any other government agency; they are not deposits of, nor are they guaranteed or endorsed by, any bank or savings association.

Many people work and save throughout their lives to leave a legacy to their loved ones. Survivorship life insurance can help safeguard the assets they’ve worked hard to build.

The information in this article is not intended to be tax or legal advice, and it may not be relied on for the purpose of avoiding any federal tax penalties. You are encouraged to seek tax or legal advice from an independent professional advisor.