"The attorney has an

obligation
to analyze the

circumstances to determine

if a life settlement is possible

to gain the most for the

client."

Pennsylvania Law Weekly, 2004

 

"CPAs can help both individual

and corporate clients or

employers sell the right to

collect on these otherwise

dormant assets in the

aftermarket."

Journal of Accountancy, 2001


The value of a life insurance policy on a senior insured can now be defined in terms of what a buyer is willing offer in a competitive marketplace. The emergence of the secondary marketplace has allowed life insurance to evolve as an asset that is now on par with equities, bonds, real estate and other holdings. The recent emergence of this market has enabled the life settlement transaction to become a valuable planning tool that provides policy owners a new “exit strategy” from unneeded, unaffordable, or underperforming life insurance policies.

It is imperative that financial services professionals who serve both senior individuals and businesses now educate themselves on the benefits that these transactions may provide their clients. The professionals impacted include: CPAs, Bankers, Attorneys, Estate Planners, Asset/Wealth Managers, Financial Planners and Insurance Professionals.

The following client situations involving an insured over 65 years of age warrant a life settlement appraisal by their advisor.

Individually Owned Policies
The owner is considering surrendering or lapsing the policy.
The owner is considering a 1035 exchange.
The insured outlives the beneficiary.
The couple is in the process of divorce.
The owner can no longer afford premiums.
An underperforming policy can be replaced with a new, less expensive policy.
Money is needed to provide for increasing long-term care or medical assistance.
The owner is filing for bankruptcy.

Business Owned Policies

A policy on a key executive or business owner is no longer needed due to change in ownership or retirement.
The policy purchased to finance a buy-sell agreement is no longer needed after one or more of the participants leave the business or it has been sold.
Executives have left a company and informal funding for deferred compensation plans are no longer required.
An exit strategy is needed for split-dollar policies.

Trust Owned Policies
The trustee needs to replace a single life policy with a more appropriate survivorship policy and 1035 exchange is not available.
There is a reduction in the estate size due to loss of net worth.
Changes in estate tax laws and/or estate plan reduce projected estate tax liability.
Cash is needed for charitable giving or to establish a Charitable Remainder Trust.