Charitable organizations who own donated life insurance policies may, with the donor's consent, pursue a Life Settlement on certain donated policies. A Life Settlement is simply the sale
of a life insurance policy on the secondary market for an amount greater than the cash surrender value but less than the expected death benefit of a policy or certificate. The proceeds are
unrestricted and can be used or invested in any way. In order to qualify for a life settlement, the insured should be generally over the age of 70, and the policy should have a minimum
face value of $250,000.
Life Settlement provides cash for a Community Charity
This case involved a community organization that owned a $400,000 variable universal life insurance policy gifted 12 years ago by a donor who is currently 82 years old. When premiums on the policy reappeared, the organization had the choice to either accept the cash surrender value of $54,656, or pursue a life settlement. They decided to exercise a life settlement and we were able to more than double the CSV with a life settlement in the amount of $124,000.
How Charitable Organizations can Benefit from Life Settlements
• Provides cash which can be applied immediately to charitable causes
• Eliminates premiums and annual reviews on donated policies
• May reduce the need to spend down assets tied to long-term investments
When Should a Charity Consider Pursuing a Life Settlement?
The following are examples of when a charity should pursue a life settlement:
• If the charity is struggling to pay the premiums.
• If the policy is in danger of lapsing or being surrendered.
• If the insured (donor) expressed an interest in seeing the policy's hidden value tapped while he is still living.
What is the Process for Charitable Organizations?
1. The charity (or financial professional representing the charity) obtains appropriate forms from Advanced Settlements, Inc. and returns them with a signed authorization from the insured (donor of the policy).
2. Advanced Settlements, Inc. obtains attending physicians'
statements; policy illustrations, etc. (The privacy of the
donor is protected throughout the process by state and federal
privacy laws.)
3. The case is presented to multiple funding institutions, and the highest offer is presented to the charity for consideration. Once the charity makes the decision to sell the policy and the successful life settlement provider accepts the offer to purchase, a change of ownership is completed according to the terms of the signed purchase agreement, and the funds are released to the charity.
4. The entire process can take as little as three weeks.
Forward Thinking Charities – Adapting
To Fluctuations in the Economy
In order
to maintain stable levels of giving or grantmaking to community
causes during periods of diminished investment returns due to fluctuations in economic conditions, some foundations
may have had to draw down on their assets. As assets become depleted,
the strength of their investment portfolio is negatively compromised. In instances such as this, it is possible that charitable organizations could evaluate the opportunity for life settlements on qualified policies to provide the cash infusion they need to stabilize their financial posture.
Thinking Outside the Box – Using
Life Settlements on donated policies to provide immediate liquidity
Some charitable organizations
have reportedly let donated policies lapse due to premium maintenance
and/or costly administrative review procedures. What these organizations
apparently do not know is the fact that policies donated by seniors may
qualify for Life Settlements. With the donor’s
cooperation and willingness to authorize the release of medical records,
the charitable organization can sell the policy on the secondary
market and generate revenue as opposed to letting
it lapse.
If they knew Life Settlements were an option, perhaps
development officers would reconsider the practice of letting
policies lapse,” commented one philanthropic consultant
whose clients include numerous foundations, universities and
other organizations. “Most development staff are not aware
of Life Settlements, but I believe having knowledge of this new
wealth management tool could help them make better decisions
as it relates to managing their donated life insurance policies
and donor acceptance programs,” he added.
Taking a Second Look at Gift Acceptance Procedures
Given the growing connection between Life Settlements and charitable
giving, non-profit professionals may want to take a second look
at their gift acceptance procedures to include the
role of Life Settlements. Items to consider might be:
Should the charity state in its gift acceptance policy a willingness
to receive the proceeds from a Life Settlement (liquidity), in
addition to or as opposed to accepting ownership of a life insurance
policy (which in some instances may require annual reviews, premium
payments, and recordkeeping.)
Should the charity inform the prospective
donor at the outset that in exchange for accepting a donated
policy, that it may seek permission in the future from the donor
to sell the policy on the secondary market if it appears the
proceeds from the Life Settlement will help fulfill the donor’s
intended legacy more effectively than waiting to collect on the
death benefit, i.e. “giving while living.”
Helping Seniors Achieve Their Philanthropic Legacy
• Tax deduction on donation
• Seeing their donation
making a difference (Giving While Living)
• Using the tax
savings to purchase replacement coverage
Through a life settlement, a life insurance policy may be sold on the secondary market for
a greater amount than the cash surrender value but less than the expected death benefit of a policy or certificate. In addition,
they may receive a tax deduction on donating the proceeds to
their favorite charity.
The transaction simplifies the donor’s
wish to see their contribution immediately benefit a favorite
charity.
Furthermore, the tax savings on the donation could be used to
purchase replacement coverage. Today, seniors can purchase more
cost effective policies because insurers are offering lower prices
and relaxed underwriting due to new mortality tables.
The primary target audience for Advanced Settlements, Inc. generally is an insured who is over the age of 70, has a life expectancy of less than 12 years, and has owned a life insurance policy with a face value of $250,000 or more for not less than 2 years.
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