1 / 29

Disclosures

Disclosures.

peri
Download Presentation

Disclosures

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript


  1. Disclosures • The Voya™Life Companies and their agents and representatives do not give tax or legal advice. This information is general in nature and not comprehensive, the applicable laws change frequently and the strategies suggested may not be suitable for everyone. You should seek advice from your tax and legal advisors regarding your individual situation. • These materials are not intended to and cannot be used to avoid tax penalties and they were prepared to support the promotion or marketing of the matters addressed in this document. Each taxpayer should seek advice from an independent tax advisor. • Life insurance products are issued by ReliaStar Life Insurance Company (Minneapolis, MN), ReliaStar Life Insurance Company of New York (Woodbury, NY) and Security Life of Denver Insurance Company (Denver, CO). Within the state of New York, only ReliaStar Life Insurance Company of New York is admitted and it's products issued. All are members of the Voya™ family of companies.

  2. Being a Trustee is combination ofgood news & bad news Good News • An honor and a statement of trust • Responsibility for managing trust assets must • Follow the terms of the trust, and • Comply with state law

  3. Being a Trustee is combination ofgood news & bad news Bad News • A trustee is a “fiduciary” • Held to a high standard of performance • State law may create unexpected responsibilities

  4. Being an ILIT Trustee can be demanding • Probably not consulted about the trust’s terms • Probably didn’t select what policies came into the trust • No control over new funds coming into the trust • Timing of contributions, or • Contribution amounts • Probably can’t change the terms of the trust

  5. Being a trustee can also be financially dangerous! The Trustee should use sound business judgment; the Trustee can be personally liable for losses!

  6. A Trustee’s personal assetscan be at risk! • If the trust’s assets aren’t managed properly, the trustee can be held personally responsible • A trustee can be ordered to use his/her personal funds to replace lost trust funds

  7. Three trends have made an ILIT Trustee’sjob more difficult • The trust’s policies may not perform as expected • Insurers have developed new life insurance policies • Many states have increased trustee performance standards

  8. The policy may not perform as expected • Life insurance illustrations are projections based on many assumptions • Some of the assumptions may turn out to be wrong • Interest rates • Mortality rates • Expenses • The performance of the policy changes over time • The longer the insured lives, the greater the potential for change

  9. New & improved policies are available • The life insurance industry is very competitive; insurers regularly develop new products • New products can have new features and benefits that may provide additional value • Some new policies may have lower premiums • Medical advances and increasing life expectancies have resulted in more flexible underwriting

  10. Many states have changed their laws and increased trustees’ duties • Performance standards have changed • More is required of trustees today • The Prudent Investor Rule has been widely adopted

  11. Newly adopted standardscan apply to many trusts They can even apply to trusts created before the new standards were adopted.

  12. What standards must a trustee satisfy? • The trust may establish its own performance standards • If the trust doesn’t set standards, then state law does • The new “Prudent Investor” Standard—Goal is to grow the principal • The old “Prudent Man” Standard—Goal was to preserve the principal

  13. The “Prudent Investor” Standard • Since 1994 most states have changed to this standard* • No exemption for trusts established before the “Prudent Investor” standard was adopted * Consult with your tax and legal advisors to see if your state has adopted the new Prudent Investor standard.

  14. The “Prudent Investor” Standard • Applies modern investment principles to trust management: • Trustees must use reasonable strategies to grow the trust assets • Trust assets should be managed together as a single portfolio • Absent special circumstances, trust assets should be diversified • Trustees can hire professionals to help in making decisions

  15. The “Prudent Investor” Standard • The trustee should implement good procedures: • Adopt a formal investment strategy to grow the trust • Diversify the trust’s assets • Regularly monitor asset performance • Make changes as necessary

  16. ILIT Trustees may need assistance • Administering an ILIT can be difficult: • Life insurance policies are complex financial instruments • The policy may not perform as originally expected • Funds to pay the premiums may not come into the trust • Cash value withdrawals or loans may limit the policy’s performance

  17. An ILIT Trustee may encounter these situations • Situation #1 – A Policy In Trouble • ILIT owns a $1,000,000 policy that has minimal cash values • The grantor will not provide any more funds to pay premiums • Without additional funds, the policy is expected to lapse in 5 years • The insured is healthy and has a life expectancy of 10 years • If the policy lapses, the assets in the trust will be minimal • What should the trustee do?

  18. An ILIT Trustee may encounter these situations • Situation #2 – A Policy With Limited Death Benefits • The trust owns a policy with a $1,000,000 death benefit; its performance is in line with the original illustration • A new policy is available that will pay a death benefit of $1,500,000 (a 50% increase) without an increase in premiums • The new policy is from a highly rated life insurance company • What should the trustee do?

  19. An ILIT Trustee may encounter these situations • Situation #3 – A Policy From a Marginal Insurer • The trust owns a $1,000,000 policy issued by an insurance company that currently has lower ratings from industry rating agencies • This policy is performing as originally illustrated • A new $1,000,000 policy can be purchased from an insurance company that has higher ratings • What should the trustee do?

  20. How can ILIT Trustees protect themselves? • A trustee may be able to reduce his/her personal risk: • Know exactly what the trust requires (make a checklist) • Create a written Investment Policy Statement (IPS) to manage trust assets • Monitor the performance of trust’s policies regularly • Document all actions taken • Seek detailed information about the life insurance policies

  21. Three key questions • Have you adopted a written investment policy statement? • Have you been regularly monitoring the trust’s policies? • Do you have the knowledge and experience to evaluate different life insurance policies?

  22. A trustee who answers “NO” to any of these questions, might benefit from consulting with someone who has experience in evaluating life insurance policies.

  23. An experienced financial professional may help: • Review the trust’s life insurance policies • Evaluate the current policies to see how they’ve performed • Survey the marketplace to see if better life insurance policies are available • Summarize available options & make recommendations

  24. A Financial Professional experienced with life insurance can assist the trustee

  25. A Financial Professional may help limita Trustee’s risk of personal liability • Some financial professionals have experience in providing life insurance policies to trusts • He/she may help implement a formal investment policy • Assist in drafting an Investment Policy Statement • Help draft a checklist to review the trust’s life insurance policies and help monitor them in the future • Compare the ILIT’s policies to new policies currently available

  26. The Stakes Are High! Beneficiaries Want The Trust To Grow;Trustees Need To Avoid Personal Liability

  27. Contact Your Financial Professional Today Find out how he/she can help maximize benefits and reduce the trustee’s potential liability

  28. Thank you! Questions?

More Related