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Insurance to replace annuities

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FBN2007

Member
What is the name of your state? Maryland

I consulted a financial planner recently after looking over my father's estate after my mother died. He is concerned with minimizing any taxes due at his death and maximizing the estate.
My father is 82 years old. His estate is approximately 2 million. His estate includes 873K in 2 fixed annuities and 2 variable annuities. The combined basis in all 4 annuities is 390K. He also has an IRA of $396K from which he takes minimum distributions each year. There are 2 heirs to the estate (me and my brother). Is there any way to minimize IRD (income with respect to decedant) taxes due at his death or eliminate it? The estate assets beneficairy will be a trust at his death. I am the trustee and will be able to distribute my portion to myself if I choose. My brother's portion will remain in trust and I have sole discretion whether to distribute to him since he is not capable of managing this money. The financial planner has suggested he exchange the annuities into a single premium immediate annuity with a 10 year certain plus life payout. The annuities will generate over 90K in income each year to my father with an exclusion ratio of 67%. With the 90K he wants us to buy upto a 750K life insurance policy (he has preliminary approval on the policy). Part of the payout from the annuity will be used to pay the income taxes due each year. He is running some numbers now to match the maximum insurance that can be bought and still have money to pay the taxes so there is no extra money that my dad has to come up with each year to pay the extra income taxes. I will be the owner of the policy and the beneficiary to keep it out of his estate. He will gift $12K each year (from the annuity payout) to myself, wife, and 2 kids so that we can pay the premiums due each year. The remainder needed to pay the premium he will loan to us. The net result is that we won't have an IRD tax problem and the estate could be substantially increased if he were to die before the 10 years certain period since he will be getting all that income from the annuity for the 10 year period. Is this sound reasoning by the planner? I have my doubts since we could leave the original annuities alone and let them accumulate. If the beneficiary of the annuities is the trust then the annuities could payout the proceeds over 5 years at my father's death (I think that is right) and we could spread out the IRD taxes due over the 5 years to keep it to a minimum. Also the insurance company is rating him as high risk at a level 4 due to his previouys health problems. I'm also concerned that when he dies the insurance company may contest paying any claim even though all his health problems have been disclosed. Any thoughts would be appreciated.
 


Betty

Senior Member
Your questions are not so much legal questions but more like questions for a financial planner which it seems your father does have. You might contact another financial planner to get a second opinion - let them know what your dad wants to accomplish & of any concerns/doubts you have re the suggestions of the current planner. Maybe someone else will come along & have some additional thoughts for you.
 

ShyCat

Senior Member
The $12000 gifted to each child belongs to that child and cannot be stolen by the parents to pay a life insurance premium.
 

sturgbe

Junior Member
First of all, I noticed that ta trust is the beneficiary of the estate. If this is correct, the annuities will not qualify for the "stretch" payout. The will have to be distributed according to the 1-5 year rule which can have devasting tax implications.

As far as the other concerns, it is common practice to sell annuities to purchase life insurance. this is known as (among other names) Legacy Max. You take an accumulation investment vehicle (annuities) and replace them with a leveraged tax efficient vehicle (life insurance). The catch is if you qualify for the coverage. If your father is being rated by the insurance carrier, you may want to have them rate the annuity too. There are mediaclly underwritten SPIA's (single premium immediate annuities). These will give higher payouts based on life expectancy.

IRD is a very bad thing! You can lose up 70% of the assets value from income and estate taxes. Life insurance can help eliminate the IRD altogether. To clarify the one poster "ShyCat", the 12k will most likely fall under the "Crummey" provision. The 12k can be used if a notice is sent to the intended recipients and they do not exercise their option to take the present interest gift. If they did...well then those gifts just stop!

I am sure there are more details to this case but in short, this strategy is very common. Get the numbers from him as to the life insurance premium and make certain that is a guarnateed UL to beyond age 100. Also see what the SPIA payout is in comparison. If the SPIA quotes do not look great, you may also want to consider a Charitable Remainder Trust (CRT) or Charitable Lead Trust (CLT). These may provide higher payouts than the SPIA with nice immediate tax deductions.

For what it is worth,

sturgbe
 

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