Which of the Following is True of Life Settlements

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Life settlements can be a complex and nuanced topic, but let's break it down to the basics.

A life settlement is a financial transaction where an individual sells their life insurance policy to a third party for a lump sum of money. This can be a viable option for those who are no longer able to afford their policy premiums.

In a typical life settlement, the policyholder receives a payment that is usually a fraction of the policy's face value. For example, a policy with a face value of $500,000 might be sold for $150,000 to $200,000.

The buyer of the policy, often a life settlement company, assumes all future premium payments and receives the death benefit when the policyholder passes away.

Discover more: Straight Life Policy

What Is a Life Settlement?

A life settlement is a financial transaction that provides a lump sum cash payment to an insurance policy-holder in exchange for contract ownership rights.

Life settlements are based on a fraction of the policy's face value, which is a significant amount, often exceeding the policy's surrender value available to the policy owner.

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The new owner of the policy assumes responsibility for making payments to keep the policy in force throughout the life of the insured.

Life insurance policies are typically purchased from individuals who are over the age of 65, and their remaining life expectancies usually fall between four and twelve years, although some cases may consider life expectancies outside this range.

Benefits and Advantages

Life settlements can be a game-changer for individuals and businesses facing financial challenges. A life settlement can provide a significant cash payout, often several times the surrender value offered by the insurance carrier.

The benefits of a life settlement are numerous. For example, H and W, a married couple, were able to increase their payout by 211% by selling their underperforming policy, from $426,000 to $1,324,000.

A life settlement can also help free up cash flow for businesses, allowing them to pay off creditors and avoid bankruptcy. This is especially true for corporations with corporate-owned key executive policies that have become liabilities due to market fluctuations.

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In some cases, life settlements can be used to fund new policies that better meet the policyholder's needs. After selling their underperforming policy, H and W were able to purchase a new $5 million policy for $165,000 per year, a $47,000 annual savings compared to their previous policy.

Policyholders can also use life settlements to address various financial planning concerns, such as meeting estate tax needs or protecting against individual and business risks. By selling their policy, H and W were able to reduce their annual premiums by $220,000.

Here are some ways that life settlements can be used to achieve philanthropic goals:

  • Gift the policy to a charity and receive a current tax deduction.
  • Gift the policy to a charity, receive a current tax deduction, and make additional yearly gifts to the charity to receive future deductions.
  • Sell the policy and donate a portion of the proceeds to offset any capital gains incurred from the sale.
  • Sell the policy and donate all the proceeds to take a deduction.
  • Set up a charitable remainder unitrust (CRUT) and gift the policy to the trust, allowing the CRUT to sell the policy and take the deduction based on the policy’s true market value.

The Process

The life settlement process can be complex, but understanding its key components can help you navigate it more smoothly.

The process typically takes four to six months from start to finish. This is an important factor to consider when starting the process.

Institutional investors analyze policies using a multitude of factors, including policy type, age, gender, life expectancy, face amount, insurance carrier rating, projected annual premiums, and state of residency.

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Future cost to carry and life expectancy weigh most heavily in determining price. Hence, individual medical records are necessary for each insured and should be analyzed by multiple life expectancy reporting agencies.

Life expectancy reports are normally obtained within two to three weeks. It's a good idea to order multiple life expectancies, as they can vary by as much as two to eight years from one life expectancy company to another.

The next step is to compile and submit a complete package to the marketplace of institutional buyers. A policy's desirability will determine how rapidly the offers come in.

Typically, all offers and declinations are received within two to six weeks. Upon receiving the highest offer, presenting it to the policy owner, and accepting it usually takes around one week.

Closing documents are prepared and sent out for signatures, which can be a lengthy process. It's not uncommon for closing documents to be 70–90 pages long.

The final part of the process is that escrow is opened, funds are deposited, and documents are submitted to the insurance carrier so it can make the changes of ownership. Most carriers complete the changes within two weeks, but some take as long as 30 days.

Regulation and Compliance

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Life settlements are regulated on the state level by state insurance commissioners, which can be a bit confusing. Currently, 39 states and Puerto Rico regulate life settlements.

The National Association of Insurance Commissioners (NAIC) recognizes life settlements as a viable solution, which is a good thing. They've even adopted a model act to help guide regulations.

In 2007, the NAIC released a revised version of their viatical settlement model act, which is a big deal. This shows that life settlements are being taken seriously by regulatory bodies.

Some states, like Maine, Oregon, and Washington, have laws that require policy owners to be notified about life settlements. This ensures they have reliable information when making decisions about their policies.

Rhode Island recently enacted life settlement legislation, which will take effect on July 1, 2010. This is one of the most recent states to regulate life settlements.

The SEC and the Financial Industry Regulation Authority have pledged to take a closer look at the life settlement industry. This is a positive step towards greater transparency and accountability.

Insurance and Eligibility

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Insurance policies that can be viaticated, or sold, are typically those with a beneficiary, such as a life insurance policy.

A life settlement is possible with various types of life insurance policies, including Universal Life, Term, Survivorship, Whole Life, Permanent Life, and Group Life policies.

Policy owners who are 65 or older, have a serious medical condition, or are facing financial difficulties with their premiums may be ideal candidates for a life settlement.

Here are some specific scenarios where a life settlement might be a good option:

  • An ideal candidate is usually 65 or older.
  • A policy owner whose premium payments have risen to levels they can no longer afford.
  • A policy owner whose estate planning needs have changed.
  • A policy owner who is considering selling a policy to fund long-term care.
  • A policy owner who wants to enter into a new, better-performing insurance contract.
  • A policy owner who may no longer want or need their coverage due to divorce, death of a spouse, business dissolution, or company retirement.

What Constitutes a Qualifying Policy?

To qualify for a life settlement, your life insurance policy needs to meet certain requirements. A life settlement is typically facilitated for individuals over 65 with a remaining life expectancy of four to twelve years.

To determine if your policy qualifies, consider the following: you must be able to provide evidence of mental competency and voluntary consent to sell the policy. You'll also need to provide all necessary documentation required by the assessing company.

You must be a resident of the United States and not be subject to any receivership, insolvency, or bankruptcy proceedings. Additionally, you cannot be an employee of the Montage Financial Group.

To ensure your policy meets the prerequisites, it must have been in force for at least two years.

Insurance Policies Eligible for Settlement

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Insurance policies eligible for settlement are typically those that are no longer needed or desired by the policy owner.

Universal Life insurance policies are among the types that qualify for a life settlement.

Term insurance policies also qualify, as do Survivorship policies, whether Second-to-die or First-to-die. Whole Life insurance policies and Permanent Life policies are also eligible.

Group Life insurance policies are another type that can be sold through a life settlement.

Background and Misconceptions

Life settlements are a way for policy owners to sell their existing life insurance policies to a third party in exchange for a one-time cash payment. This can be a good option for those who no longer need or want their policy.

According to the American Council of Life Insurers, $2.22 trillion worth of life insurance policies lapsed or were surrendered in 2006, and this number increases by approximately 4% per year. Many policy owners cancel or surrender their policies due to changing circumstances such as retirement, divorce, or economic hardship.

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A common misconception about life settlements is that they are the same as viatical settlements, which were popular in the late 1980s due to the AIDS epidemic. However, life settlements are different from viaticals in that they are exclusively for those with more than three years of life expectancy and are purchased by institutional investors.

Background

Life settlements are a real thing, and they've been around for a long time - since 1899, when New York's highest court ruled that policy owners have property rights in life insurance.

88% of universal life policies and 95% of term policies never pay a death claim, which is a staggering statistic.

In 2006, a total of $2.22 trillion worth of life insurance policies lapsed or were surrendered, a number that increases by approximately 4% per year.

There's a huge opportunity in the life settlement market, with seniors holding approximately $500 billion of life insurance in force, and policyholders contemplating canceling about $125 billion of those policies.

The Supreme Court laid the groundwork for today's life settlement marketplace in 1911, establishing the policy owner's right to transfer an insurance policy.

Misconceptions

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The truth is, many people are unaware of the existence of life settlements as an option.

One of the biggest misconceptions is that life settlements are the same as viatical settlements, but they're actually quite different.

Viatical settlements were popular in the late 1980s due to the AIDS epidemic, but the industry was largely unregulated and had questionable business practices, leading to a bad reputation.

Life settlements, on the other hand, are for people with more than three years of life expectancy who have a change in financial needs, not due to a change in health.

In fact, life settlements are exclusively for those with more than three years of life expectancy.

The other large misconception is that life settlements and stranger-originated life insurance (STOLI) are one and the same.

STOLI policies are created for the purpose of selling at some future point in time, often initiated by an outside third party with a financial inducement.

For your interest: Viatical Settlement

Taxation and Investment

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Taxation of life settlements can be a complex issue, but it's essential to understand the basics. The IRS has clarified the tax treatment of life settlement proceeds in Rev. Rul. 2009-13.

The cost basis for calculating the gain on the policy sold is the cumulative premiums paid into the contract less the cumulative cost of insurance. This calculated cost basis reduces the taxable gain on the sale if paid for with after-tax dollars.

The character of the gain depends on the difference between the current cash surrender value (CSV) and the calculated cost basis. If the CSV is greater, the difference is treated as ordinary income. Any proceeds received above the CSV are considered capital gains.

Term life insurance policies have a different tax treatment, as the entire amount of premiums paid is considered cost of insurance, resulting in no cost basis. This means that all settlement proceeds are treated as capital gain.

Consider as an Investment

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Life settlements can be a viable investment option for those looking for a unique way to generate profits. This is made possible through actuarial analyses and careful assessment of mortality and other risks.

The sales of life settlement policies have created a secondary marketplace for existing life insurance policies. This marketplace allows buyers to purchase policies from policy owners who are no longer in need of the coverage.

Policy owners who are 65 or older may be ideal candidates for a life settlement. This is because they are more likely to have a life insurance policy that is no longer needed or is in danger of lapse.

A life settlement can provide a buyer with a steady stream of income through the collection of full proceeds of the life insurance policy upon the death of the insured. This can be a attractive option for those looking for a long-term investment.

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Here are some scenarios where a life settlement might be a good investment option:

  • An ideal candidate is usually 65 or older.
  • A policy owner whose premium payments have risen to levels they can no longer afford.
  • A policy owner who is considering surrendering the policy.
  • A policy owner who wants to enter into a new, better-performing insurance contract.
  • A policy owner who, due to divorce, death of a spouse or other primary beneficiary, business dissolution, or company retirement, may no longer want or need their coverage.

Taxation of Settlements

Taxation of settlements can be a complex issue, but it's essential to understand the rules to avoid any potential tax pitfalls.

The IRS has clarified the tax treatment of life settlement proceeds in Rev. Rul. 2009-13, which went into effect on August 25, 2009.

To calculate the gain on the policy sold, you need to subtract the cumulative cost of insurance from the cumulative premiums paid into the contract.

The calculated cost basis reduces the taxable gain on the sale if paid for with after-tax dollars.

If the current cash surrender value (CSV) is greater than the calculated cost basis, the difference is treated as ordinary income.

Any proceeds received above the CSV are considered capital gains.

Term life insurance has a different tax treatment, where the entire amount of premiums paid is considered cost of insurance, resulting in no cost basis.

As a result, all settlement proceeds from term life insurance are treated as capital gain.

Who Invests and How to Obtain

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Life settlements are a popular investment option for various types of investors. Retail funds from the UK, Germany, Latin America, and Asia are among those interested in this investment.

Insurance companies, pension funds, hedge funds, and banks also invest in life settlements. These institutions see the potential for stable returns and are willing to take on the associated risks.

If you're considering investing in life settlements, you may be wondering who to approach. Here are some of the key players in the market:

  • Retail Funds (in the UK, Germany, Latin America, and Asia)
  • Insurance Companies
  • Hedge Funds
  • Pension Funds
  • Banks

Choosing a Broker

Choosing a Broker is a crucial step in a life settlement transaction. A reputable and seasoned life settlement broker will act as a fiduciary to the policy owner and their adviser.

A strong broker will not work with private individual buyers, ensuring that the policy is sold to a reputable institution. This is a key difference between a good broker and a bad one.

To ensure the policy is shopped and represented properly, a broker should submit cases to at least 30 institutionally owned funding sources. This increases the chances of getting a fair price for the policy.

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A good broker will not purchase policies for their own investment, and will offer full transparency on offers, including the funding source.

A seasoned broker will have at least three years of industry experience and be willing to provide a list of all state licenses. This shows that they are committed to their work and have a good reputation.

To protect the policy owner, a broker should mandate a rescission period for all sold policies. This gives the policy owner time to review the transaction and make any necessary changes.

A reputable broker will use a third-party escrow service company to complete transactions. This ensures that the transaction is secure and trustworthy.

Here are the key characteristics of a strong life settlement broker:

  • Acts as a fiduciary to the policy owner and their adviser
  • Does not work with private individual buyers
  • Submits cases to at least 30 institutionally owned funding sources
  • Does not purchase policies for their own investment
  • Offers full transparency on offers, including funding source
  • Has at least three years of industry experience
  • Mandates a rescission period for all sold policies
  • Uses a third-party escrow service company to complete transactions

Who Invests in Settlements?

Retail funds from various countries, such as the UK, Germany, Latin America, and Asia, are interested in life settlements.

Insurance companies are also investing in life settlements.

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Hedge funds are another type of investor in this space.

Pension funds are looking to life settlements as a potential investment opportunity.

Banks are also getting involved in the life settlement market.

Here's a breakdown of the types of investors in life settlements:

For Policy Owners

If you're a policy owner considering a life settlement, you're probably wondering what it's all about. A life settlement provides a cash payment to you in exchange for your policy ownership and beneficiary rights.

Some states use the term viatical settlement interchangeably with life settlement, but it's worth noting that not all states do. This is especially important if you're selling a policy due to a chronic illness or terminal illness.

You can sell a life insurance policy that has a face value greater than its surrender value. However, the cash benefit you receive will be less than the policy's face value.

As a policy owner, you're likely curious about which types of policies qualify for a life settlement. Here are some examples of policies that typically qualify:

  • Universal Life
  • Term
  • Survivorship (either Second-to-die or First-to-die)
  • Whole Life
  • Permanent Life
  • Group Life

These types of policies can provide a cash benefit to policy owners who are no longer able to use or maintain their policy.

Sheldon Kuphal

Writer

Sheldon Kuphal is a seasoned writer with a keen insight into the world of high net worth individuals and their financial endeavors. With a strong background in researching and analyzing complex financial topics, Sheldon has established himself as a trusted voice in the industry. His areas of expertise include Family Offices, Investment Management, and Private Wealth Management, where he has written extensively on the latest trends, strategies, and best practices.

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