Legal Question in Wills and Trusts in Utah
We recently put my parents estate into a living trust. We have taken care of the dead on their home and their car. Should we have the beneficiary changed on their whole life insurance policies also to show the trust as the beneficary instead of the other spouse?
1 Answer from Attorneys
Life insurance is what is known as a "non-probate" asset, which simply means that because it has a beneficiary designation it does not go through probate. So it isn't necessary to put the trust as a beneficiary. You can just name the persons who are to receive the proceeds as beneficiaries on the policy. In some situations where a person's assets are significant a special kind of trust is formed to hold the whole life policy to ensure the life insurance proceeds are not taxable to the estate. This is unnecessary in estates that are not likely to be taxable. Let me know if I can be of further assistance.
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