1. 63333 POINTS
    Peggy Mace
    Most of the U.S.
    If it is the insured person's estate who you are trying to protect, the insured person cannot be trustee of an Irrevocable Life Insurance Trust (ILIT). Any power to administer or change the trust is considered incidences of ownership, and thus defeats the purpose of the trust (which is to transfer ownership of the life insurance from the estate to the trust for tax purposes). If it is a survivorship policy with your spouse, your spouse cannot be trustee, either.

    In fact, if your spouse is beneficiary of the trust and is name trustee, your spouse needs to have a co-trustee for distribution of discretionary funds, It may be better to name a professional as trustee of the trust, although technically almost anyone can do it, with the exceptions noted above.
    Answered on July 25, 2013
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