There are two ways to avoid this tax, the first, and easiest way, is to have another person own the policy on your life. This works well for smaller policies and for when there is no danger that the new owner will modify beneficiaries in a manner that would displease the insured. For example, it would never be wise to have only one of three children own a policy on the parent when that new owner can easily change the beneficiary to himself. It would also not be wise for spouses to own large policies on each other because eventually both will die and then there will be a large tax. The second way to avoid the estate tax is to place the life insurance policy inside of a Life Insurance Trust. Because the policy is not owned by a person, it is not subject to either a federal or state estate tax. It is important to note that the transfer of an existing life insurance policy into the trust will result in a three year lookback for tax purposes. The easiest way to avoid the lookback period is to have the trust buy a new policy rather than transferring in an existing policy. For this reason, it is best to consult an experienced estate planning attorney before buying the life insurance policy.
The Irrevocable Life Insurance Trust is also frequently called a Life Insurance Trust or an ILIT. A life insurance trust that is designed to hold life insurance on the lives of both a husband and wife is known as a Second to Die Life Insurance Trust.