What you should know before selling your life insurance
policy – from the National Association of Insurance Commissioners
Presented by AIM Life Settlements - Selling your life insurance policy is a major financial decision. If you’re considering
selling your policy you should
carefully evaluate the benefits involved and the alternative options available. People have been
drawn into committing insurance fraud under the pretext
of applying for and then immediately selling insurance policies. If you’ve been contacted to buy a
policy and then sell it immediately, you should contact
the State Insurance Department. It’s possible you’re being targeted to participate in insurance
fraud.
The National Association of Insurance Commissioners, is concerned that consumers may not fully
understand the implications of selling their policies. The
following information is provided as general information. Contact your state Insurance Department
for more specific information.
The two main categories of insurance policy sales are life settlements and viatical settlements. A life settlement differs from a viatical settlement
because the insured in a life settlement is usually healthy, while a viatical settlement pertains
to a sale by an insured with a terminal illness.
Life Settlements
A life settlement is the sale of a life insurance policy to a third party. The owner of
the life insurance policy gets cash for the policy. The buyer becomes
the new owner and/or beneficiary of the life insurance policy, pays all future premiums and
collects the entire death benefit when the insured dies. Healthy
people decide to sell their life insurance policies for many reasons. Some of the most common
being: changes in the financial needs of dependents, a
desire to eliminate or reduce premium payments, or the need for cash to meet expenses. Policies may
be sold directly to a company or through a broker
who works for you and "comparison shops" for life or viatical settlement offers. The buyer pays the
broker a commission if the sale is completed.
Viatical Settlements
People living with a terminal illness often face very tough financial choices. Selling an
insurance policy through a viatical settlement is one option that may
be used to provide cash to help with current medical and living expenses. Like life settlements,
viatical settlements involve the sale of a life insurance
policy to a third party. In exchange for a discounted cash payment to the seller, i.e., a reduced
percentage of the death benefit, the buyer becomes the
new owner and/or beneficiary of the life insurance policy, pays all future premiums and collects
the entire death benefit when insured dies.
Options Other Than Selling Your Life Insurance
Two options you should always consider before selling your policy are using any
policy cash value and exercising an accelerated death benefits
provision (ADB). If your policy is a whole life policy, or a policy with an investment
feature, you may be able to obtain a loan against its cash value to meet
your immediate needs and keep your policy in force for your beneficiaries. You may also be able to
use the cash value as security for a loan from a
financial institution. If your policy has an accelerated death benefit provision, it could pay you
a substantial portion of your policy’s death benefit and you
would avoid the need to sell the policy.
Some Important Questions to Ask Prior to Selling Your Life Insurance
Policy
· Do I still
need life insurance protection?
· Will I
qualify for a new life insurance policy in the future?
· If I sell my
policy, how will they decide how much cash I receive?
· If my policy
is group coverage, do I need my employer’s permission to sell the policy?
· If I sell my
policy, who will be the legal owner?
· Can the
policy be resold?
· What
information will the purchasers or investors receive about my family, my health status or
me?
· Are the
broker and company I am speaking with licensed in my state?
Some Important Considerations to Understand Before Selling Your
Policy
· The proceeds
from the sale may not be not tax free. Contact a tax advisor and find out the tax
implications.
· Be aware that
your creditors may be able to claim the proceeds of the sale.
· Determine if
you stand to lose public assistance or Medicaid if you receive a cash settlement.
· Understand
clearly that you will be required to provide medical and personal information to the purchasers of your
policy.
Consumer Tips
· Understand
the process involved in the sale and the phases involved.
· Decide
whether to sell your policy directly to a company or to use a broker to do comparison shopping for
you.
· If you do not
use a broker, comparison shop yourself. Remember you do not have to accept any
offer.
· Check all the
application forms for accuracy, especially the information concerning your health history and
status.
· You must be
truthful in all your answers to application questions.
· Be sure the life or viatical settlement buyer places your
settlement proceeds in escrow with an independent bank to ensure the safety of the
funds during the policy transfer.
· Understand that most state laws gives you the right to undo
the sale within 15 days from your receipt of the proceeds, if you change your mind
and return the proceeds and any premiums paid by the buyer.
· Be aware of the personal information you must provide and
what parties will have access to it after the sale.
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