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Leveraging Irrevocable Life Insurance Trusts (ILITs) to Minimize Estate Taxes

Posted by Dana Law Group on July 1, 2025

When individuals seek to preserve their wealth for future generations, managing estate tax exposure becomes essential. Leveraging an Irrevocable Life Insurance Trust (ILIT) allows Arizona families to effectively remove life insurance proceeds from their taxable estate, while retaining control and flexibility.

What Is an Irrevocable Life Insurance Trust?

An ILIT is a specialized trust created to own and manage life insurance policies. The insured transfers or purchases a policy inside the ILIT, thereby removing ownership and death benefits from the insured’s estate. After the death of the insured, proceeds are distributed to beneficiaries according to the ILIT’s terms, avoiding estate taxation. This structure ensures that the proceeds are administered by a trustee and are not subject to estate tax if properly structured.

Why Choose an ILIT for Estate Tax Planning?

Using an ILIT offers multiple benefits. First, life insurance proceeds owned by the insured are included in the taxable estate. By contrast, an ILIT-owned policy generally remains outside the insured’s estate—reducing the estate’s taxable value. Second, the ILIT ensures control: the trustee manages the proceeds, distributing them as the grantor intended. Third, the ILIT provides liquidity when needed—for instance, to pay estate taxes or debts—without forcing heirs to sell assets under distress.

How ILITs Work in Practice for Arizona Residents

In Arizona, ILITs must be carefully drafted, especially noting the IRS three‑year rule. If an insured transfers an existing life insurance policy into an ILIT, the insured must survive at least three years to fully exclude the proceeds from their estate. If not, proceeds are included in the estate.

Dana Law Group’s knowledgeable estate planning attorneys guide clients through every step of ILIT setup—trust formation, trustee selection, funding through annual gifts, and coordination with insurance carriers. They ensure compliance with IRS regulations and Arizona trust law. Their full‑service estate planning practice includes not only ILITs but revocable living trusts, durable powers of attorney, and comprehensive asset protection strategies.

Key Benefits of an ILIT for Clients of Dana Law Group

Estate Tax Savings

By removing insurance proceeds from the grantor’s taxable estate, ILITs help reduce or eliminate estate tax liability.

Liquidity for Heirs

Proceeds can be used immediately to cover taxes, debts, or other expenses—often at settlement—without forcing sale of real estate or business interests.

Controlled Distributions

Through a trustee, beneficiaries receive funds according to the grantor’s instructions. This can protect minors or financially inexperienced heirs.

Flexibility and Protection

An ILIT may include provisions for secondary or successor beneficiaries and for assets to remain protected over time.

Common Misconceptions About ILITs

Some people assume that ILITs are only for ultra‑wealthy individuals. While they are especially helpful at higher estate tax brackets, ILITs can benefit families of moderate wealth—particularly those seeking to maintain control over distributions. Another misconception is that once created, an ILIT cannot be adjusted. While irrevocable in ownership, the trustee can retain certain discretionary powers depending on trust design, allowing some adaptability over time.

Putting ILITs into a Broader Estate Plan

At Dana Law Group, attorneys build ILITs as components of comprehensive estate planning. They often pair ILITs with revocable living trusts, wills, and durable financial or medical powers of attorney to create a cohesive plan. ILITs complement other strategies by providing insurance‑based liquidity, while living trusts and wills manage asset distribution and probate avoidance.

Working with Dana Law Group on ILITs

From initial consultation through administration, Dana Law Group delivers personalized guidance. Their Arizona-licensed attorneys assess each client’s financial and family goals, recommend whether an ILIT is suitable, and assist with trust drafting, funding, and trustee selection. They also coordinate premium funding schedules to ensure that annual gift tax exclusions are properly handled. The result: maximum estate tax protection, clarity, and peace of mind.

ILITs and Estate Tax Mitigation

ILITs are a powerful estate planning tool. When crafted and administered correctly, they remove life insurance from your taxable estate while providing control and liquidity for beneficiaries. With Dana Law Group’s experience in Arizona trust law and estate tax planning, clients can confidently integrate ILITs into their overall strategies.

In most cases, starting this process now rather than later ensures smoother implementation and compliance with IRS rules. If you’re considering how to preserve your legacy and reduce taxes on life insurance, it may be time to explore if an ILIT belongs in your plan.

Start Protecting Your Legacy Today

Reach out to Dana Law Group for a free initial consultation to discuss whether an ILIT fits your estate plan. Their trusted Arizona estate planning attorneys can guide you with clarity and compassion toward securing your assets for the future.

Contact us to begin the conversation about ILITs and preserving your legacy.