'Problems and Solutions Related to Planning With Life Insurance'

Marya P. Robben (attorney, Minneapolis) and Bob Cohen (principal, Tomar Fink, Inc.) have published their article Estate Planning With Life Insurance Policies: Reduce Potential Liability Claims While Improving a Client's Estate Plan, Prob. & Prop., Jan./Feb., at 59.

The following is the introduction to the article:

In the current economic climate, litigation over estate planning is increasing and will continue to increase.  One area that is already seeing litigation relates to life insurance issues with estate planning.  The recent case of In re Stewart Cochran Irrevocable Trust, 901 N.E.2d 1128 (Ind. Ct. App. 2009), illustrates this exact issue.  Attorneys, clients, fiduciaries, and other advisors often mistakenly view life insurance as a stagnant asset that does not need to be managed, amended, or even overhauled.  This error can be extremely costly.  If the attorney learns to identify life insurance policies in jeopardy, he or she can improve an estate plan while assisting the trustees to fulfill their fiduciary duties.  The attorney thereby mitigates possible fiduciary liability.  For that reason, each attorney should understand the problems and solutions related to planning with life insurance.