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Outline

The New York 20885 form is a crucial document for individuals establishing or managing life insurance and annuity policies under a trust. This form is specifically designed for trusts that are not testamentary, meaning they are not created within a will. It requires the completion of ten essential items on the first page, including information about the proposed insured, policy numbers, and details about the trust itself, such as the trust name and date, as well as the names of the trustees. The form also includes sections that affirm the trust agreement is in effect and outlines the responsibilities and rights of the trustees regarding the policies. Importantly, it emphasizes the need for signatures from all trustees unless the trust document specifies otherwise. Additionally, the form provides instructions for submitting it to the appropriate New York Life service center based on the policy type and the state of residence. To ensure compliance with IRS regulations, it also requires the policy owner's taxpayer identification number and backup withholding certifications. Given the complexities involved in managing trusts and insurance policies, completing the 20885 form accurately and promptly is essential to avoid potential legal and financial complications.

Sample - New York 20885 Form

NEW YORK LIFE INSURANCE COMPANY

NEW YORK LIFE INSURANCE AND ANNUITY CORPORATION (A Delaware Corporation)

NYLIFE INSURANCE COMPANY OF ARIZONA (Not licensed in every state)

STATEMENT OF TRUST - (For Trusts other than Testamentary Trusts)

Instructions:

Use this form for Life and Annuity policies (new business and inforce changes).

Do not use this form for a Testamentary Trust (a trust created within a will).

Items 1-10 on page one must be completed in full.

Complete page three and secure required signatures.

For inforce policies, the Change of Beneficiary form (21131) and Transfer of Ownership form for life policies (21132) can be found in the Transfer of Ownership Life Kit (form 22600). The Transfer of Ownership form for annuity policies can be found in the Transfer of Ownership Annuity Kit (form 22599).

Agent Certification section on page three must be completed and signed by agent - if your agent is assisting you with this change. If completing this form without an agent and the owner is a trust, please provide a copy of the trust agreement.

In all instances New York Life reserves the right to request a copy of the trust if we deem it necessary.

Complete items 1-10 before proceeding

1.PROPOSED INSURED(s)/INSURED(s)/ANNUITANT(s)

2.POLICY NUMBER(s)

3. I/We affirm that the Trust Agreement created by

as Grantor/

SettLOr/Trustor is in effect and contains the following information:

4.Trust Name:

5.Trust Date:

6.State where Trust Established

7.Beneficiary(ies) of Trust:

8.Relationship of Trust Beneficiary(ies) to Proposed Insured(s)/Insured(s)/Annuitant(s):

9. Name(s) of Trustee(s):

Note: If more than one Trustee, we require all Trustees to sign applicable forms, unless we receive a copy of the Trust stating that the Trustees can act independently.

10.Relationship of Trustee(s) to

Proposed Insured(s)/Insured(s)/Annuitant(s):

 

 

RETURN FORM TO:

 

 

 

 

 

 

 

For Variable Life and Variable Annuity policies:

New York Life, Variable Products Service Center

 

 

 

Madison Square Station, PO Box 922, New York, NY 10159

 

For all other policies:

If You Live In: AL, CT, DC, DE, FL, GA, IL, IN, KY, MA, ME, MD, MI, MS, NC, NH, NJ, NY, OH, PA, RI, SC, TN, VA, VT, WI, or WV, return this form to:

New York Life, Cleveland Service Center

PO Box 6916, Cleveland, OH 44101

If You Live In: AK, AR, AZ, CA, CO, HI, IA, ID, KS, LA, MN, MO, MT, NE, ND, NM, NV, OK, OR, SD, TX, UT, WA, or WY, return this form to:

New York Life, Dallas Service Center

PO Box 130539, Dallas, TX 75313-0539

Other: (i.e. foreign address, etc) return form to either location above.

20885 (1/10) Page 1 of 3

Please read this page and secure required signatures on page three.

STATEMENT REGARDING TRUST AS POLICY BENEFICIARY

I/We affirm that the beneficiary designation for each policy listed agrees with a Trust Agreement created by the Grantor and dated as shown on page one.

For Life Insurance Policies:

If, before the proceeds are paid, the Insurer(s) receives proof that the Trust as policy beneficiary is not in effect at the Insured’s death, the proceeds shall be paid to the contingent beneficiary(ies), if any. Otherwise, the proceeds shall be paid in a single sum to the Owner, if the Owner is living at that time. If the Owner is not living at that time, the single sum shall be paid to the Owner’s Estate.

For Annuity Contracts:

Please see your Agent/Registered Representative for payment methods available upon death of the Owner/Annuitant.

For Life Insurance Policies and Annuity Contracts:

Before the Insurer(s) pays the proceeds at death, it may ask for proof that the Trust is in effect;

The Owner possesses all rights of ownership of each policy including the right to change the beneficiary designation at any time even if there is a contrary provision in the Trust Agreement. This applies to revocable and irrevocable trusts; The Insurer(s) will not have any liability after it pays the proceeds of each policy, as set forth in this Statement;

The Interest of the Trust(s) in each of these policies shall be subject to any assignment of that policy made before or after this Statement.

STATEMENT REGARDING TRUST AS OWNER

I/We affirm that the Trust Agreement created by the Grantor as shown on page one (and the trust date as shown on page one) agrees with the following:

1.The Trustee(s) have full authority to pay premiums.

2.The Trust Agreement contains no limitations on the ownership rights of the Trust(s) as owner(s) of the insurance/annuity policies.

20885 (1/10) Page 2 of 3

IMPORTANT: The Internal Revenue Service (IRS) requires that the named Owner complete the following:

(The IRS does not require your consent to any provision of this document other than the certifications required to avoid backup withholding).

Taxpayer Identification Number and Backup Withholding Certifications

Policyowner’s Taxpayer Identification Number is

Under penalties of perjury, I certify that the number shown above is my correct Taxpayer Identification Number. I further certify that I am a U.S. person (including a U.S. resident alien).

I also certify that (please check only one box):

I have been notified by the IRS that I am subject to backup withholding.

I am not subject to backup withholding because (a) I have not been notified that I am subject to backup withholding as a result of failure to report all interest or dividends, or (b) the IRS has notified me that I am no longer subject to backup withholding.

/

/

 

X

 

X

 

Date

 

 

Grantor(s) signature

 

Grantor(s) signature, if required

 

/

/

 

X

 

X

 

 

 

 

 

 

 

 

Date

 

 

Trustee(s) signature

 

Trustee(s) signature, if required

 

/

/

 

X

 

X

 

Date

 

 

Proposed Insured(s)/Insured(s)/Annuitant(s) signature

 

Additional Signature, if required

 

/

/

 

X

 

X

 

Date

 

 

Applicant(s)/Owner(s) signature, if other than above

 

Additional Signature, if required

 

\

\

If the indicated policy is corporate-owned, provide signatures and titles of two corporate officers below.

Print Name & Title of OfficerPrint Name & Title of Officer

/

/

 

X

 

X

Date

 

 

Officer’s Signature

 

Officer’s Signature

AGENT CERTIFICATION

(if Agent assists with completion of form)

By signing below I attest that I have reviewed the identifying trust document(s) described on page one and that the document(s) appeared to be genuine and original.

Print Name of Agent/Registered Representative

X

/

/

Agent/Registered Representative’s Signature

 

Date

 

20885 (1/10) Page 3 of 3

Form Information

Fact Name Details
Form Purpose This form is used for Life and Annuity policies, specifically for trusts other than testamentary trusts.
Exclusion of Testamentary Trusts The form is not applicable for testamentary trusts, which are created within a will.
Completion Requirements Items 1-10 on page one must be fully completed, and required signatures must be secured on page three.
Inforce Policies For inforce policies, additional forms like the Change of Beneficiary form (21131) and Transfer of Ownership form (21132) are necessary.
Agent Certification If an agent assists in completing the form, the Agent Certification section on page three must be signed by the agent.
Trust Agreement Requirement A copy of the trust agreement is required if the owner is a trust and the form is completed without an agent.
Trustee Signatures If there are multiple trustees, all must sign the applicable forms unless the trust allows independent action.
Return Addresses The form must be returned to specific addresses based on the type of policy and the state of residence.
Governing Laws This form is governed by New York state laws, specifically pertaining to trusts and insurance policies.

Detailed Guide for Filling Out New York 20885

Filling out the New York 20885 form requires careful attention to detail. After completing the form, it is essential to ensure that all necessary signatures are obtained before submission. This will help avoid delays in processing and ensure that the information is accurate and complete.

  1. Gather Required Information: Collect all necessary documents, including the Trust Agreement and any related policies.
  2. Complete Items 1-10: On page one, fill in the following details:
    • Proposed Insured(s)/Insured(s)/Annuitant(s)
    • Policy Number(s)
    • Affirm the Trust Agreement is in effect and provide the required details:
      • Trust Name
      • Trust Date
      • State where Trust Established
      • Beneficiary(ies) of Trust
      • Relationship of Trust Beneficiary(ies) to Proposed Insured(s)/Insured(s)/Annuitant(s)
      • Name(s) of Trustee(s)
      • Relationship of Trustee(s) to Proposed Insured(s)/Insured(s)/Annuitant(s)
  3. Complete Page Three: Ensure that all required signatures are obtained on page three of the form.
  4. Agent Certification: If an agent assists you, they must complete and sign the Agent Certification section on page three.
  5. Include Trust Agreement: If the owner is a trust and you are completing the form without an agent, attach a copy of the Trust Agreement.
  6. Submit the Form: Return the completed form to the appropriate address based on your state of residence.

Obtain Answers on New York 20885

  1. What is the purpose of the New York 20885 form?

    The New York 20885 form is designed for trusts other than testamentary trusts. It is used to designate a trust as the beneficiary of life insurance and annuity policies. This form ensures that the trust is properly recognized and that the insurance or annuity proceeds are directed according to the terms of the trust agreement.

  2. Who should complete the New York 20885 form?

    The form should be completed by the grantor or trustee of the trust. If an agent is assisting with the process, they must also sign the form. It is important that all required information is filled out completely to avoid delays in processing.

  3. What information is required on the form?

    Items 1-10 on page one must be filled out. This includes details such as:

    • Proposed insured(s) or annuitant(s)
    • Policy number(s)
    • Trust name and date
    • Beneficiary information
    • Trustee details

    Completing these items accurately is essential for the form to be valid.

  4. Where should the completed form be sent?

    The destination for the completed form depends on the type of policy and the state of residence. For variable life and annuity policies, send it to the Variable Products Service Center in New York. For all other policies, the address varies based on the state, with specific addresses for various regions outlined in the instructions.

  5. What happens if the trust is not in effect at the time of the insured's death?

    If proof is received that the trust as a policy beneficiary is not in effect at the time of the insured's death, the proceeds will be paid to the contingent beneficiary, if one exists. If no contingent beneficiary is designated, the proceeds will be paid to the owner or the owner’s estate.

  6. What if there are multiple trustees?

    In cases where there is more than one trustee, all trustees must sign the applicable forms unless a copy of the trust document states that they can act independently. This requirement helps ensure that the trust is managed according to its terms and that all trustees are in agreement.

Common mistakes

Filling out the New York 20885 form can be a straightforward process, but there are common mistakes that individuals often make. One significant error is failing to complete all required fields on the first page. Items 1 through 10 must be filled out in full. Incomplete forms may lead to delays in processing or even rejection. It's crucial to double-check that every section is addressed before submitting the form.

Another frequent mistake is not providing the correct trust information. When specifying the Trust Name and Trust Date, ensure that the details match exactly with the trust agreement. Any discrepancies can raise questions and complicate the approval process. Additionally, if the trust has multiple trustees, all must sign the necessary forms unless the trust document explicitly states otherwise. Omitting a signature could invalidate the form.

People often overlook the importance of the Agent Certification section. If an agent assists in completing the form, their signature is required on page three. This certification confirms that the agent has reviewed the relevant trust documents. Without this signature, the form may be considered incomplete, which can delay the processing of your request.

Lastly, many individuals neglect to provide the correct taxpayer identification information. The IRS mandates that the policyowner complete this section accurately. Failing to do so may result in backup withholding issues. It's essential to ensure that the Taxpayer Identification Number is correct and that you check the appropriate box regarding backup withholding status. This step is crucial for avoiding future complications with the IRS.

Documents used along the form

The New York 20885 form is essential for managing life insurance and annuity policies involving trusts. To ensure a smooth process, several other forms and documents are often used in conjunction with it. Each of these documents serves a specific purpose in the context of trust management and insurance policy administration.

  • Change of Beneficiary Form (21131): This form allows policyholders to change the designated beneficiaries of their life insurance policies. It is crucial for ensuring that the right individuals receive benefits upon the policyholder's passing.
  • Transfer of Ownership Form for Life Policies (21132): This document facilitates the transfer of ownership of life insurance policies. It is necessary when the policyholder wishes to assign the policy to another individual or entity.
  • Transfer of Ownership Form for Annuity Policies (22599): Similar to the life policy form, this document is used to transfer ownership of annuity contracts. It ensures that the new owner has the rights to the annuity benefits.
  • Trust Agreement: This foundational document outlines the terms and conditions of the trust. It specifies the roles of the grantor, trustee, and beneficiaries, providing clarity on how the trust operates.
  • IRS Form W-9: Required for tax purposes, this form collects the taxpayer identification number of the trust or individual. It helps ensure compliance with IRS regulations and avoids backup withholding.
  • Agent Certification Form: When an agent assists in completing the New York 20885 form, this certification confirms that the agent has reviewed the trust documents and verifies their authenticity.
  • Contingent Beneficiary Designation: This document specifies who will receive benefits if the primary beneficiary is unable to do so. It provides an additional layer of security for the policyholder's wishes.
  • Trustee Resolution: This document is used to confirm that the trustees have the authority to act on behalf of the trust. It may be required to validate transactions involving trust-owned policies.
  • Policy Statement: This statement provides a summary of the insurance policy, including coverage details and terms. It is essential for understanding the policy’s benefits and obligations.

Utilizing these forms and documents alongside the New York 20885 form can streamline the management of trust-related life insurance and annuity policies. Proper documentation ensures that all parties involved are informed and compliant with legal requirements.

Similar forms

The New York 20885 form serves a specific purpose in relation to trusts and insurance policies. There are several other documents that share similarities with this form, particularly in their function and the information they require. Here’s a breakdown of four such documents:

  • Change of Beneficiary Form (21131): This form allows policyholders to update the designated beneficiaries on their life insurance policies. Like the 20885 form, it ensures that the beneficiary information is current and aligns with the policyholder's wishes.
  • Transfer of Ownership Form for Life Policies (21132): This document facilitates the transfer of ownership of life insurance policies. Similar to the 20885 form, it requires detailed information about the trust and its beneficiaries, ensuring that ownership changes are properly documented.
  • Transfer of Ownership Form for Annuity Policies (22599): This form is used for transferring ownership of annuity contracts. It parallels the 20885 form in its need for trust-related information and the verification of beneficiary designations, which helps maintain clarity in ownership rights.
  • Trust Certification Form: This document certifies the existence and terms of a trust. Like the 20885 form, it requires specific details about the trust, such as the names of trustees and beneficiaries, to ensure that all parties are aware of their rights and responsibilities.

Dos and Don'ts

When filling out the New York 20885 form, it is essential to follow specific guidelines to ensure accuracy and compliance. Below is a list of things you should and shouldn't do during this process.

  • Do complete all items from 1 to 10 on page one in full.
  • Do secure the required signatures on page three, as this is necessary for the form to be valid.
  • Do ensure that the Trust Agreement is in effect and includes all relevant details before submission.
  • Do provide a copy of the trust agreement if the owner is a trust and you are completing the form without an agent.
  • Do check the appropriate return address based on your state of residence to avoid delays.
  • Don't use this form for a Testamentary Trust, as it is not applicable.
  • Don't leave any required fields blank, as incomplete forms may be rejected.

Following these guidelines will help ensure that the New York 20885 form is filled out correctly and submitted without issues. It is always beneficial to double-check your entries and consult with an agent if you have questions.

Misconceptions

  • Misconception 1: The New York 20885 form is for Testamentary Trusts.
  • This form is specifically designed for trusts other than Testamentary Trusts. A Testamentary Trust is created within a will and is not applicable here.

  • Misconception 2: All sections of the form can be left incomplete.
  • It is crucial to complete items 1-10 on the first page in full. Incomplete forms may delay processing.

  • Misconception 3: You do not need to provide a copy of the trust agreement.
  • If the owner is a trust and you are completing the form without an agent, a copy of the trust agreement must be provided.

  • Misconception 4: The agent certification section is optional.
  • This section must be completed and signed by the agent if they assist in completing the form. It ensures that the agent has reviewed the necessary documents.

  • Misconception 5: You can submit the form to any address regardless of your location.
  • The form must be sent to the appropriate service center based on your state of residence. This ensures proper handling of your request.

  • Misconception 6: The trust must be irrevocable to use this form.
  • Both revocable and irrevocable trusts can utilize this form. Ownership rights remain with the owner, regardless of the trust type.

  • Misconception 7: There is no need to verify the trust's existence.
  • The insurer may request proof that the trust is in effect before paying out any benefits. This is a protective measure.

  • Misconception 8: You can change the beneficiary designation without restrictions.
  • The owner retains the right to change the beneficiary designation at any time, even if the trust agreement states otherwise.

  • Misconception 9: The insurer is liable after paying the proceeds.
  • Once the insurer pays the proceeds according to the trust agreement, they will not have any further liability. This protects the insurer from future claims.

  • Misconception 10: All trustees need to sign the form.
  • If the trust document allows for independent action, not all trustees are required to sign. However, if multiple trustees are involved, signatures may be necessary.

Key takeaways

Filling out the New York 20885 form is a crucial step for managing life insurance and annuity policies under a trust. Here are key takeaways to ensure you complete it correctly:

  • This form is specifically for life and annuity policies, not for testamentary trusts.
  • Complete items 1-10 on the first page fully before proceeding.
  • Page three must be signed by all required parties, including trustees if applicable.
  • If you are making changes to an inforce policy, additional forms may be needed, such as the Change of Beneficiary form (21131).
  • Provide a copy of the trust agreement if the owner is a trust and you are filling out the form without an agent.
  • New York Life reserves the right to request a copy of the trust if necessary.
  • Ensure that the beneficiary designation aligns with the trust agreement to avoid complications.
  • Be aware that the insurer may require proof that the trust is still in effect before paying out proceeds.
  • Return the completed form to the appropriate service center based on your state of residence.

Following these guidelines will help ensure a smooth process in managing your trust-related insurance policies.