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State |
Does trustee have ins int in life of : |
Any aggregation provision? |
Any qualifications? |
Other |
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grantor |
anyone in whom grantor has ins int? |
Anyone else? |
To all? |
To anyone else? |
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Delaware |
Yes |
Yes (federal income tax purpose qualification) |
Yes |
Yes |
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to extent person has ins int w/ respect to proceeds of ins on the life of such person that are allocable to the person’s interest in such trust |
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Florida |
Yes |
Yes (also includes related by blood or law provision) |
Yes: trust bens & anyone else in whose life trust ben has ins int |
No |
for grantor & “person in whom grantor has ins int” categories, life ins proceeds must be primarily for benefit of trust bens having an ins int in life of ID |
for “anyone else” category, proceeds must be primarily for benefit of persons having ins int in life of insured |
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Georgia |
Yes |
Yes |
Yes |
Yes |
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to extent any trust ben has ins int with respect to proceeds of insurance on life of such person |
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Maine |
Yes |
No |
Yes: trust bens |
No |
Yes: for all categories, the grantor or trust ben must have ins int as defined in 4 categories in statute |
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Has a provision on partnerships |
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Maryland |
Yes |
Yes (also includes related by blood or law provision) |
No |
No |
life ins proceeds must be primarily for benefit of trust bens having an ins int in life of ID |
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South Dakota |
Yes |
Yes |
Yes |
Yes |
grantor must be the insured OR must have an ins int in life of ID like ins int otherwise recognized in SD ins int law |
to extent a trust ben has ins ins int in the life of the “anyone else” |
Has a provision on business trusts |
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Utah |
No |
No |
Yes |
No |
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to extent trust ben has the ins int |
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Virginia |
Yes |
Yes (federal income tax qualifier) |
Yes |
No |
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In each person in whose life a trust ben has an ins int |
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Washington |
No |
No |
Yes: trust bens; plus anyone else in whose life trust ben has an ins int |
No |
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