Tax TreatmentQuestion 450 of 716

Life insurance proceeds may be pulled into the insured's taxable estate for federal estate tax purposes if, at death, the insured held:

a.No rights of any kind in the policy
b.Only a role as the named beneficiary
c.Any incidents of ownership in the policy
d.A policy with a face amount under ten thousand dollars

Explanation

If the insured retained any incidents of ownership (such as the right to change the beneficiary, borrow the cash value, or surrender the policy), the death benefit is generally includable in their gross estate. Holding no rights keeps the proceeds out of the estate, which is why irrevocable life insurance trusts are used. Merely being a beneficiary of someone else's policy is not an incident of ownership over one's own life coverage, and the face amount size does not control estate inclusion. Incidents of ownership are the key test.

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PrepPass team · Verified against California Life & Health Insurance License Exam · How we review
Reviewed by John Zihao Zhang — California-Licensed Life Insurance Agent (CA Dept. of Insurance License #4396095 — verify)
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