Second-to-die insurance pays out only after both you and your spouse have died.
It is ideally designed to provide liquidity to pay estate taxes and has other
advantages over insurance on a single life.
Second-To-Die Advantages
Premiums are lower. Because the insurance company normally has the use
of the funds for a longer period before paying the same death benefit, it generally
can charge a lower premium.
Estate administrative costs are lower. With a single life policy, you
have to establish a separate trust to administer the funds if the insured dies
first, even though the funds may not be currently needed by the family.
Uninsurable parties can be covered. This is because the life expectancy
of any two people is longer than that of just one. Depending on the uninsurable
party’s age and health, however, the premium may not be much lower than on the
insurable party’s
life alone.
Funds will be available to pay estate taxes. If cash is not needed on
the first death, when no tax generally is due, insurance proceeds on the second
death ensure availability of funds to pay taxes.
Questions To Ask About a Policy
Can the insurance premiums fluctuate depending on investment performance?
If so, ask your advisor for projections of premiums and cash values based on
three different rates: currently projected rates, minimum guaranteed rate,
and midway between the current rates and the minimum guarantees. This will give
you an idea of the volatility of the policy.
Is the insurance company projecting improvement in mortality? If so,
is that taken into account in projecting premiums? Overly optimistic projections
can affect future premium payments.
Does the premium or cash value change when the first insured dies?
The insurance company’s risk increases significantly when only one life is insured.
Many projections are applicable only when both insureds are alive, so compute
new projections assuming only one insured is alive.
How Should You Own It?
Without proper planning, life insurance proceeds can be subject to estate
taxes on your death. The general rule is that if you had any “incidents of ownership”
in the policy, the proceeds will be taxed in your estate.
With second-to-die insurance, you and your spouse might each have incidents
of ownership in the policy, and the value of the policy will be included in
both estates. While there may be no tax consequence on the death of the first
spouse, the inclusion of the policy in the surviving spouse’s estate could defeat
the purpose of purchasing second-to-die insurance.
An effective way to make sure life insurance is not taxed in either your or
your spouse’s estate is to put it into an irrevocable life insurance trust.
Would Second-To-Die Insurance Benefit Your Estate Plan?
It might. The answer depends on many factors, which should be carefully analyzed
before you make your decision. Please call us with any questions you may have
about the appropriateness of this estate planning tool for your situation. We
can help you determine if second-to-die life insurance is appropriate for
your estate plan.