Florida’s Ruling on Irrevocable Life Insurance Trust Trustees
Monday, August 2nd, 2010Florida is the latest state to jump on the liability reduction bandwagon with new section 736.0902 (Non-application of Prudent Investor Rule),that limits the duties and liability of Irrevocable Life Insurance Trust (ILIT) trustees Freed from investment responsibilities with respect to an asset that few trustees profess to fully understand, the trustee may focus on paying premiums on time and sending out “Crummey” withdrawal notifications. The drafters likely intended § 736.0902 to be the next step in the evolution of protective insurance statutes. Since imitation is the sincerest form of flattery, it will be interesting to see whether other states adopt similar statutes.