THE IRREVOCABLE LIFE INSURANCE PRESERVATION TRUST HANDBOOK

Transcription

1 THE IRREVOCABLE LIFE INSURANCE PRESERVATION TRUST HANDBOOK This handbook is not to be used in lieu of appropriate legal advice. INSURANCE PRESERVATION TRUST HANDBOOK Page 1

2 IRREVOCABLE INSURANCE TRUST (THE PRESERVATION TRUST) A life insurance trust is an irrevocable, non-amendable trust which is both the owner and beneficiary of one or more life insurance policies. Upon the death of the insured, the Trustee invests the insurance proceeds and administers the trust for one or more beneficiaries. If the trust owns insurance on the life of a married person, the non-insured spouse or children are often beneficiaries of the insurance trust. If the trust owns "second to die" or survivorship insurance which only pays when both spouses are deceased, only the children would be beneficiaries of the insurance trust. Since the trustee of the insurance trust possesses all incidents of ownership in the insurance policy, the insurance trust provides the insured's estate with liquidity while shielding the insurance proceeds or assets purchased with the proceeds from estate tax when the insured dies, provided the trust has the appropriate Trustor and trustee. OWNERSHIP OF INSURANCE Proper ownership of life insurance is important if the insurance proceeds are to escape federal estate taxation. If the policy is owned by the insured, the proceeds will be subject to estate tax. (This assumes that the aggregate value of the estate plus the life insurance is large enough to be subject to estate taxes.) To avoid estate taxation, some insureds name a child, spouse or other beneficiary as the owner of the policy. There are, however, several drawbacks to having insurance owned by and the proceeds paid outright to a child, spouse or other beneficiary. o Recordkeeping each child must have check made to him/her, then must be relied upon to make the premium payment on time. o It is also an asset of the child so is subject to divorce, lawsuits, liens, debts. It s wiser to put in an Insurance Trust. o The IRS views the monetary gift to the kids as a gift of future interest and all future premiums and cash value will offset the Trustor s Federal Estate Tax exclusion at death. o Also, the IRS is not specifying whether the interest of each beneficiary is by percent of ownership or joint owner, which can create other issues. Furthermore, the IRS requires an annual gift tax return based on current cash value plus future premiums paid into the policy. o With an ILIT, the annual allowable gift is considered by the IRS a gift of present interest. Therefore, the current $13,000 allowable gift does not require a gift tax return, and does not offset the Federal Estate Tax exclusion of the client. Therefore, the ILIT is a safer vehicle because it allows for the beneficiaries to exercise the options in the Crummey letter. The solution to the drawbacks is usually an irrevocable life insurance trust. INSURANCE PRESERVATION TRUST HANDBOOK Page 2

3 When possible, the trustee of the insurance trust should be the original applicant and owner of the insurance. If the insured transfers an existing policy to the insurance trust, the transfer will be recognized by the Internal Revenue Service only if the insured survives the date of the transfer by not less than three years. IRC If the insured dies within this three year period, the transfer will be ignored and the proceeds will be included in the insured's taxable estate. Insurance trusts may be funded or nonfunded. A funded life insurance trust owns income producing assets, i.e. has cash value. The income may be used to pay some or all of the premiums. But funding insurance trusts with existing policies with cash value are not commonly used for two reasons: 1. The additional gift tax cost of transferring the cash value to the trust, and 2. The grantor trust rules of IRC 674(a)(3) which cause the Trustor to be taxed on the trust s income. So, usually a client will establish a trust with new policies. The premiums are funded by annual gifts from the Trustor. Each Trustor has the right to gift annually up to $13,000 gift tax free to each beneficiary, and this is used to pay premiums, but not have them taxed as a gift. WHAT ARE THE MECHANICS? Transfer/Establish Policies. The transfer or placement of an insurance policy is an "Irrevocable Assignment." In other words, the trust should be named as the new "owner" of the policy, as well as the new beneficiary. It is not sufficient to merely designate this trust as the beneficiary, you must designate ownership. Send Notification letters. Notification letters need to be sent to each beneficiary when the policy is transferred to the trust. Each time a premium payment is made through the trust, the trustees also need to send notification letters to each of the beneficiaries, including any minors. A sample copy of the standard notification letters, as well as a notification to guardian letter, is at the back of this article, as well as precise explanation of Trustee duties and how to manage the trust. Make the Premium Payment. With respect to the premium payment procedure, it is best if the client pays the premium amount to the trustees who will then deposit it to a trust bank account. This payment should be made as soon as the premium bill comes in. The trustee will then send out the notification letters and, on the due date of the premium, they should pay the premium from the trust's checking account to the insurance company. Gift Tax. Sending the notification letters to the beneficiaries is very important from a gift tax standpoint. The $13,000 per donee gift tax exclusion applies only if these notification letters are properly sent each time a premium contribution is made to the trust, or a policy is transferred into the trust. Your trustees should keep a file containing all of the notification letters in it. INSURANCE PRESERVATION TRUST HANDBOOK Page 3

4 Tax Returns. Finally, the transfer of the policies to the trust (and perhaps the annual premium payments) may require the filing of a gift tax return. To reduce the value of the policy to a lesser level to avoid or reduce the gift tax consequences, you may want to borrow against the policy before transferring it to the trust if it has any cash value. Even if a gift tax return is not required, you may wish to file one anyway in order to make important generation skipping transfer tax elections. Generally, any such generation skipping transfer tax elections with respect to a term policy are deferred until you die, but with respect to a whole life policy or a policy for which there is a whole life component, it is desirable to make the generation skipping transfer tax elections now. SETTING UP A TRUST The first steps are to determine the Trustee, the "Crummey" beneficiaries, and the time period for the withdrawal right (our trust sets it at 30 days). When the final document has been prepared, the insured and the trustee both must sign the trust agreement, and each should keep a copy. The insured provides the trustee with names and addresses for the "Crummey" beneficiaries named in the trust. In most cases, new policies are issued to fund the trust usually second to die policies with married couples, though any type can be placed in the Preservation Trust including group policies IF the Trustor has the right to change ownership. The trustee is named as both initial owner and beneficiary. If the insured has existing policies which are to be transferred (as gifts) to the trust, then he must file absolute (i.e., irrevocable) assignment forms with the insurance company which designate the trustee as owner and beneficiary. The life underwriter generally assumes responsibility in this situation. After the assignments have been accepted by the insurance company, copies should be provided to both the insured and the trustee. It is recommended that the trustee keep the original insurance policies and endorsements with his or her important papers. Copies can be provided for the insured. The insurance company should be instructed to send all notices of premium payments directly to the trustee, with a copy to the insured. At this point, the initial steps to transfer the policies have been taken, the trustee has a signed copy of the trust document and has been provided with the addresses of the "Crummey" beneficiaries. There are a number of things which must be done next: 1. Open a bank account for the trust. The trustee must write checks to pay the insurance premiums so a checking account is required. In most cases, the premium deposits will be in this account for only a few weeks, so a non interest bearing account will simplify tax matters. There will then be no interest income to require the filing of an income tax return for the trust. The account should be titled "[name of Trustee], Trustee for the [name of Settlor] Preservation Trust dated [date trust signed]." INSURANCE PRESERVATION TRUST HANDBOOK Page 4

5 2. Obtain a Tax ID number from the IRS using form SS-4. The insurance companies and the bank will require a Federal Tax Identification Number (TIN) for the trust. 3. Insured issues check. If new insurance policies are being purchased for the trust, the insured will deliver a check for the initial premium to the trustee. The trustee immediately deposits this check in the trust's bank account and sends notice of this contribution to each of the "Crummey" beneficiaries. Further discussion of the contents of this letter notice and a sample form will be found later under Maintenance of the Trust. 4. Obtain IRS Form 712, Life Insurance Statement, for each existing policy which is assigned to the trust. The insurance company will provide this. The statement provides the net value of the policy for gift or estate tax purposes. If the value of policies given to the trust in any one year exceeds $13, times the number of "Crummey" beneficiaries, then a federal gift tax return must be filed. This is not necessary for new policies. Although not required to do so, a gift tax return may be advisable to toll the statute of limitations or to make certain generation skipping transfer tax elections. 5. The "Crummey" beneficiaries must be given notice of the new trust and their rights under the trust. This letter should be sent immediately after the insurance policies are purchased (this is when the first premium is paid to the trustee) or assigned to the trust by the insured. The trustee should send a photocopy of all letters to the insured and keep a copy for his/her records. If existing policies are assigned to the trust, the "Crummey" beneficiaries will have a right to withdraw from the cash value of the policies. 6. The trustee should maintain a ledger to record receipts of premium deposits and payments of insurance premiums or interest. 7. The trustee should establish and maintain a permanent file to preserve important trust documents. The suggested items to be placed in the file include: o A signed copy of the Trust Agreement; o Assignments of insurance policies to the trustee and IRS Form 712 (only for old policies transferred to the trust); o Names and addresses of "Crummey" beneficiaries; o Federal Employer Identification Number; and o Copies of all notice letters sent to "Crummey" beneficiaries. MAINTENANCE OF THE TRUST Trust maintenance consists of collecting premium deposits, paying the insurance premiums, and mailing notices of right of withdrawal to the "Crummey" beneficiaries. Other decisions or policy transactions can result in additional responsibilities. For example, if the policy premiums are "vanished" after a number of years, paid up additions may need to be surrendered in subsequent years. Once the Trust has been established, the trustee's duties will include the following: 1. Collect Premiums. The insurance company will send the premium notice to the trustee as owner of the policy. The trustee must immediately forward a copy of the notice to the insured with a request that the insured forward funds to pay the premium and/or interest INSURANCE PRESERVATION TRUST HANDBOOK Page 5

6 due to the trustee. The trustee should keep a copy for his/her records. The insured's payment must reach the trustee in time to allow for passage of the withdrawal period before the trustee pays the premium before the due date to the insurance company. Two things are important. First, the insured, with the help of his or her insurance advisor, determines the amount to be paid. He may pay the full premium, interest only, or there may be no payment at all if the premium is to be borrowed from a loan under the policy. If the insured is not making a payment, he should notify the trustee what is to happen so the trustee will know the policy will not lapse without the payment. Second, the insured must consider that the trustee must hold the premium funds for the withdrawal period before the premium are paid so the funds must be received early enough to avoid lapsing of the policy. The insured sends funds to pay the premium and/or interest due on the policy to the trustee. A few extra dollars should be included to cover any charges for the trust bank account. The insured's check should be payable to "[name of trustee], Trustee". It is again emphasized that the insured must send the funds to the trustee so the withdrawal period can expire before the trustee pays the premium to the insurance company. One way to take care of this is to enlist the cooperation of an insurance agent. The agent can give the insured annual notice that the premium is coming due and can do this far enough in advance to ensure a timely deposit. He or she will also have records to remind the insured of the amount due. In some cases it may be difficult or impossible to collect the premiums and allow the required notice period to pass. Some methods to deal with this situation are discussed below. Immediately upon receipt, the trustee must deposit the insured's contribution to the trust's bank account. The deposit is entered in the ledger page for the trust as a receipt from the insured. 2. "Crummey" Beneficiary Notices. The Trust Agreement gives the beneficiaries the opportunity to send the trustee a request to withdraw a proportionate share of each contribution made to the trust by the insured. This applies only to contributions and would not, for example, apply to dividends received from the insurance company or to premiums paid by surrendering of additions after the premium has "vanished". This right to withdraw lasts for a time period specified by the trust agreement (usually 30 days). So, upon receipt of each contribution to the trust from the insured, the trustee must promptly notify each "Crummey" beneficiary that a deposit has been made with the right to withdraw. This is done by sending a letter to each beneficiary stating the amount that has been contributed to the trust, the period during which the request for withdrawal must be made, instructions for determining the amount subject to withdrawal, and how the trustee is to be notified if a withdrawal is requested. Copies of this letter should be sent to the insured for his or her permanent records and the trustee should also retain a copy. In the case of a minor beneficiary, notice should be sent to the non-insured parent or guardian of the minor. The 30-day withdrawal period begins to run when the notice letters are mailed. The insurance premiums should not be paid until the 30-day withdrawal period has passed. So we again emphasize that the trustee must act promptly to collect the premium and send the notification letters. INSURANCE PRESERVATION TRUST HANDBOOK Page 6

7 As stated previously, the premium cannot be paid until the withdrawal period has terminated. There are exceptions to every rule, including this one. A time may come when the check is delayed in the mail or the insured is on vacation when the premium comes due. The trustee's first priority is to pay the premium on time, even if the withdrawal period is not complete. Most policies provide limited grace period to pay the premium, but you must never exceed this. It is the insured's responsibility to get the premium to the trustee with time for the withdrawal period to pass. If he/she fails to do this, then the trustee must pay the premium on time and let the insured deal with any adverse tax consequences that may arise from a shortened withdrawal period. There is one way to avoid the problem of late premium deposits which do not permit a proper withdrawal period. First, while there is no authority directly on point, it would appear that as long as there are cash values in the policies sufficient to satisfy or pay any potential withdrawal request, then a cash equivalent is available to the trustee to pay the withdrawal request and the technique will remain viable. 3. "Crummey" Beneficiary Requests for Withdrawal. In the event that a "Crummey" beneficiary requests a withdrawal from the trust, the trustee must send the amount requested (up to the maximum permitted by the Trust Agreement) to the requesting beneficiary. Only beneficiaries who send written requests during the withdrawal period are permitted to withdraw from the trust. All requests for withdrawals should immediately be reported to the insured. The insured will want to be certain that the requesting beneficiary understands the purpose of the trust. If the withdrawal request is not withdrawn by the beneficiary, then the amount requested, up to the limit specified by the trust, must be sent to the requesting beneficiary. This amount will generally be a portion of the insured's contribution to the trust. Now the funds in the trust probably will be insufficient to pay the premium due on the insurance policy. (This is why "Crummey" beneficiaries should not request withdrawals from premium deposits to the trust -- they jeopardize their interest in the death benefits if the policy lapses). In such a case the insured may have to make another contribution to the trust to replace the withdrawal. New notice letters must be sent to the "Crummey" beneficiaries for any additional deposit by the insured. If it appears that the beneficiary will again request a withdrawal, the insured may wish to exercise his or her power to designate the gift "recipients" under the trust and exclude this beneficiary. 4. Pay Premiums. Following the passage of the withdrawal period, the trustee writes a check on the trust bank account to the life insurance company to pay the premium or interest due on the policy. The trustee should keep a copy of the premium notice for the trust's records and mark the copy of the premium notice with the date and check number of the payment. Retaining the canceled check in the file is also helpful. The trustee sends the premium check and premium notice to the insurance company. The trustee must wait for the withdrawal period to pass before paying the premium unless arrangements have been made as discussed in number three, above. INSURANCE PRESERVATION TRUST HANDBOOK Page 7

8 ***Premiums must be paid before the end of the grace period to ensure that the policy does not lapse.*** 5. Bookkeeping. The trustee enters the premium or interest payment in the ledger page as a withdrawal from the trust, balances the trust checking account, and verifies that the balance in the bank account agrees with the ledger page. This is the procedure which the trustee must follow for each premium on life insurance policies held by the trust. In the event that the insured has multiple policies in the trust, he may elect to make one or two deposits to the trust during the year to pay all premiums. If the insured wants to make one large deposit to cover several policy premiums, his insurance agent should be able to estimate the total required to cover the premiums or interest. A reminder, the trustee should send notices to the "Crummey" beneficiaries for each deposit made by the insured. The first gift to the trust in each year should be at least $5,000 per "Crummey" beneficiary, or if less, the full annual premium. End of Year Trustee Services In December of each year, the trustee must bring his records up to date and send a report of trust activities to the insured. The steps are to: Taxes 1. Balance trust account ledger page. Notify insured of any balance remaining in the trust account which may be used for next year's payments. 2. Balance trust check book. This balance should agree with the balance on the ledger page after adjustment for checking account fees. 3. Send a copy of all life insurance premium, interest or dividend notices to the insured. Indicate on each form the amount which has been paid. The insured can use these figures to determine the amount of deposit which will be required to pay the interest or premiums on the policies in the coming year. It is a good idea to send the insured a copy of the trust ledger page as a record of the status of the account. 4. Bill for Trustee Services. If the trustee is charging for services, send a bill to the insured for next year's services. 5. Permanent Records maintained. In the permanent file which is kept, place the following items: Copies of notice letters sent to "Crummey" beneficiaries. Copies of insurance premium notices. The trust ledger page. Copies of any tax returns. Copies of other correspondence. Generally, there will be no income tax returns to file or taxes to pay by the trustee if the accounts are non-interest bearing. 1. A Gift Tax Return, Form 709 needs to be filed each year that a gift is made. The client must discuss this with their CPA or tax advisor whether the GST exemption should be allocated to this Trust. INSURANCE PRESERVATION TRUST HANDBOOK Page 8

9 2. Other. The trustee will periodically receive correspondence from the insurance company with information on the status of the policy or offers to modify various policy features. These can be forwarded to the insured for his or her input or suggestions, but it is up to the trustee to make the decision as to what, if any, action to take. INSTRUCTIONS FOR SPECIAL SITUATIONS WHICH MAY OCCUR Interest and Dividends If the insured has borrowed on any policy held by the trust, there will be interest payments due on the loan. Interest bills should be treated in the same manner as premiums. The insured will deposit the interest amount due with the trustee. The trustee notifies the "Crummey" beneficiaries of the deposit of interest or premiums and then pays the interest or premium as directed by the insured. If the insured does not know what to pay, he should contact his agent. A whole life policy earns dividends after the first year. In many cases the dividends will be credited to the premium, reducing the amount which will be due from the insured. Dividends which reduce policy premiums are not considered deposits by the insured and there is no requirement to send notices to "Crummey" beneficiaries. With some older policies, the dividend may be greater than the premium amount. Depending on the dividend option, the excess dividend may then be paid to the trustee by the insurance company. If so, the trustee will deposit the dividend to the trust bank account. Since the dividend is paid by the insurance company and not the insured, there is no requirement to send notices to the "Crummey" beneficiaries. Dividends which have been deposited to the trust account may be used to pay premiums or interest on the insured's other policies. If there are no other policies, then the dividends will accumulate in the trust's bank account. Policy Loans Most whole life insurance policies accumulate a cash value as they get older. The policy and trust provisions will generally permit the person appointed by the insured to borrow from this cash value. The trust agreement specifies that the trustee may loan money to the spouse or the estate of the insured. This should not be the insured or the trustee. To borrow from the policy cash value, the individual requesting the loan will send a signed and dated request to borrow to the trustee specifying the amount to be borrowed and the policy to be borrowed from if there is more than one, and should indicate how the trustee is to disburse the borrowed funds. All actions are subject to the terms of the Trust Agreement. When the trustee receives instructions to borrow, he/she should consult the Trust Agreement to be certain that the person requesting the loan is authorized; that the amount is proper; and that disbursement is requested to persons authorized to be recipients. INSURANCE PRESERVATION TRUST HANDBOOK Page 9

10 Upon receipt of these instructions, the trustee must ask the insurance company for forms and instructions to borrow from the policy. The trustee will complete the loan forms and return them to the insurance company. The company issues its check for the requested amount payable to the trustee and the trustee deposits this check to the trust bank account. Notices are not required to be sent to the "Crummey" beneficiaries for this deposit. When the insurance company's check has cleared, the trustee can then issue a trust check for the amount of the loan proceeds payable to the trust beneficiaries. The trustee should keep copies of all loan documents and requests in his files and record the transaction in the trust ledger page. Future premium notices for this policy will include interest payments for the amount borrowed. The trustee will collect the funds to pay interest from the insured in the same manner as premiums are collected. The insurance company or agent can provide an estimate of the interest amount which will be payable each year so the insured can be certain to deposit sufficient funds to cover both the interest and premium due on each policy in the trust. The "Crummey" beneficiaries have a right to withdraw from all payments the insured makes to the trust, whether for premium or interest. So the trustee is required to send notices to the "Crummey" beneficiaries for deposits to pay interest and otherwise treat them in the same manner as premium deposits. Taxes The Trust is designed so that the trust will not have any income tax consequences in and of itself. Because the trust does not generate any income, it will not be required to file tax returns or pay taxes. It is suggested the trustee use a non interest bearing checking account for the trust to avoid income (the interest would be minimal in any event). So in most cases the trustee will not be required to file any tax returns for the trust that has been described. There would be an exception to this if the trustee has used a checking account which pays interest. In that event, a fiduciary income tax return, IRS Form 1041 and the equivalent state return, may have to be filed by the trust. A consultation with a tax advisor may be in order if there are further questions. If the trust does not file a return, the trustee may receive a notice from the IRS requesting information about the IRS Form 1041 which was not filed. Since the trust is not required to file this return if there is no income, the form should be completed and, in the remarks section, include: "No return is required because this trust is not a tax-paying entity pursuant to IRC 671." GLOSSARY Insured. The life insurance policies which are assigned to the trust (or purchased by the trust) insure the life of the "insured". The insured is the individual whose life is protected by the policies of insurance which have been placed in the trust. The insured may also be the settlor or grantor of the trust. INSURANCE PRESERVATION TRUST HANDBOOK Page 10

11 Trustor/Settlor/Grantor. The Trustor is the person who is establishing or setting up this life insurance trust. In many cases the Trustor will also be the insured under the policies. Trustee. The Trustee is the individual or organization that is designated in the trust agreement to own the life insurance policies in trust and carry out the terms of the trust agreement. Generally, the sole asset of the trust will be insurance policies on the life of the insured. It is most important that the trustee faithfully perform his or her duties in order to ensure that the policies are kept inforce so the death benefits will be available to supplement the estate of the insured at the time of his or her death. "Crummey" Beneficiaries. Anyone who is entitled to receive benefits from the trust is a beneficiary. The "Crummey" beneficiaries are those individuals who are entitled to benefits during the years in which premiums are paid to the trust during the lifetime of the insured. The name "Crummey" comes from a court case known as Crummey v. Commissioner of IRS, which confirms the gift tax savings and advantages available to this type of life insurance trust. The insured should provide the names and addresses of the "Crummey" beneficiaries to the Trustee. Any notice that needs to be sent to a minor may be sent to the child's parent who is not the insured. These letters should be sent via certified mail and the return card should be kept in the Trust files. INSURANCE PRESERVATION TRUST HANDBOOK Page 11

12 SAMPLE FORMS and TASK LIST INSURANCE PRESERVATION TRUST TASK LIST After Signing the Insurance Preservation Trust, Perform the Following Tasks 1. Tax Identification Number Contact the IRS at to request an Employer Identification Number (EIN) to be used as the Trust I.D. number. 2. Notify Beneficiary(ies) Use the "Notice to Beneficiary of Preservation Trust" letter to notify each individual that is named as a Beneficiary of the Trust. 3. Checking Account Establish a non-interest-bearing checking account for the Trust. The account should be established at a bank that is convenient to the Trustee and at least 40 days prior to the first premium becoming due. 4. Annual Gifts A. The Trustor will make one check for each Beneficiary payable to the Trustee (Example: make checks payable to Robert Smith, Trustee, The Smith Preservation Trust). B. Upon receipt of the funds, the Trustee will send the "Notice to Beneficiary of Gift - First Year" letter to each Beneficiary. (Use the "Notice to Beneficiary of Gift - Second Year & Thereafter" letter for future gifts.) C. The Trustee should deposit the checks into the Trust's bank account. D. Each Beneficiary should use the bottom of the letter to reply to notify the Trustee that he/she received the notice of the withdrawal right, has refused to withdraw, and date it, and return it. E. After the 30 days specified in the aforementioned letter has lapsed, the Trustee should write a check from the Trust's bank account to the life insurance company for the amount of the premium. This amount should be slightly different from the amount of the total gifts. 5. Repeat Procedure Repeat step four each year for gifting money, notifying the beneficiaries and paying the insurance premiums. 6. File Gift Tax Return File Gift Tax Return, Form 709 each year that a gift is made. The client must discuss with their CPA or tax advisor whether GST exemption should be allocated to this Trust. INSURANCE PRESERVATION TRUST HANDBOOK Page 12

13 NOTICE TO BENEFICIARY OF INSURANCE PRESERVATION TRUST, Re: Doe Insurance Preservation Trust Dear : It is my privilege to inform you that you have been designated as a Beneficiary (or guardian of, who is a beneficiary) of the Doe Insurance Preservation Trust. I have attached the instrument for your files. You are entitled to withdraw a portion of the additions to the corpus of the Trust in an amount equal to your pro rata share of %, up to a maximum of $ per year. It is anticipated that gifts of cash or other assets will be made periodically during the year. Without the necessity of further notification to you, the Trustee will make available these funds upon your written request. As and when a gift is made, the Trustee will honor your previously submitted request. Since this Trust provides significant tax and income benefits to you, I urge that you study it carefully. I will be pleased to answer any questions that you or your tax advisor may have. Very truly yours, By:, Trustee (Send via Certified Mail, Return Receipt Requested) INSURANCE PRESERVATION TRUST HANDBOOK Page 13

14 NOTICE TO BENEFICIARY OF GIFT - FIRST GIFT, Re: The Doe Insurance Preservation Trust Dear : Please be advised that $ has been added to the Doe Insurance Preservation Trust (the "Trust") and that you are entitled to withdraw $ from the Trust by written notice to the undersigned within thirty (30) days of the date of this Notice. If you do not exercise your right by the end of that thirty (30) day period, all or a portion of your right shall thereupon lapse and you shall forever cease to have any further right of withdrawal with respect to that addition. In lieu of a withdrawal of cash, you may withdraw Trust property equal in value at the date of withdrawal to the amount of cash you are otherwise entitled to withdraw pursuant to this Notice. This right to withdraw Trust property in kind shall include the right to withdraw insurance policies at their value at the date of withdrawal. Very truly yours, BENEFICIARY ACKNOWLEDGMENT By:, Trustee I,, hereby acknowledge receipt of the foregoing Notice to Beneficiary. I also acknowledge my thirty (30) day right to withdraw my share of the gift. I wish to decline to exercise my right to withdraw my pro rata share. Signed: Dated: OR I,, hereby acknowledge receipt of the foregoing Notice to Beneficiary. I also acknowledge my thirty (30) day right to withdraw my share of the gift. I wish to exercise my right to withdraw my pro rata share and request payment to me of the above mentioned gift this day of,. Signed: Dated: (Send via Certified Mail, Return Receipt Requested) INSURANCE PRESERVATION TRUST HANDBOOK Page 14

15 NOTICE TO BENEFICIARY OF GIFT - SECOND GIFT & THEREAFTER, Re: The Doe Insurance Preservation Trust Dear : This letter is to notify you that a gift has been made to the Doe Insurance Preservation Trust. Under the terms of the Trust, you have thirty (30) days from the receipt of this letter to withdraw from the Trust, in kind or in cash, an amount equal to your pro rata share % of each and every gift, as determined by you, up to the amount of $ per Donor. This being the maximum amount for each separate contribution to the Trust made by a different individual. To the extent that you do not exercise this withdrawal right within the above mentioned time period, it shall lapse and you shall have no further right to withdraw it from the Trust. Sign the appropriate statement below to indicate your intentions and return it to me. If I do not receive it within the above mentioned thirty (30) day period it shall lapse as stated above. Very truly yours, BENEFICIARY ACKNOWLEDGMENT By:, Trustee I,, hereby acknowledge receipt of the foregoing Notice to Beneficiary. I also acknowledge my thirty (30) day right to withdraw my share of the gift. I wish to decline to exercise my right to withdraw my pro rata share. Signed: Dated: OR I,, hereby acknowledge receipt of the foregoing Notice to Beneficiary. I also acknowledge my thirty (30) day right to withdraw my share of the gift. I wish to exercise my right to withdraw my pro rata share and request payment to me of the above mentioned gift this day of,. Signed: Dated: (Send via Certified Mail, Return Receipt Requested) INSURANCE PRESERVATION TRUST HANDBOOK Page 15

16 Sample Letter to Parent/Guardian of Minor Beneficiary [date] [address] Re: The Doe Insurance Preservation Trust Dear : We are enclosing a copy of a letter sent to today informing him/her of his/her withdrawal rights under the Doe Insurance Preservation Trust dated. You, as his/her guardian, can exercise his/her power of withdrawal if you so desire by following the instructions explained in his/her letter. Sincerely yours, Enclosure This memorandum is intended to provide general information regarding tax laws applicable to insurance trusts. It is not intended as a substitute for the reader s own research, or for the advice of a qualified estate planning specialist familiar with the law of any given state. INSURANCE PRESERVATION TRUST HANDBOOK Page 16