Life Settlements — Are They Back?

Opinion

One question financial advisors are asking themselves today is whether life settlements have returned to the fold as a viable tool in their clients’ planning strategies. Clients who have seen their retirement portfolios sink in the past few years need options, and selling life insurance policies that they have identified as unattractive investments can provide the funds they need to re-enter the marketplace. For those who are having difficulty making premium payments, or who simply need cash from their policies to purchase a product that guarantees retirement income, the life settlement market may be a highly attractive option.

The liquidity challenges experienced during the recession that began in 2008 limited the life settlement market by reducing the prices that policyholders were able to realize. While the regulations have caught up with the market for stranger-oriented life insurance since 2008, the lingering effects of the recession may have created a new market for life settlement sales — the retiree who has seen his retirement portfolio depleted during an unstable economy. As a result, pricing on these transactions has recently begun to make a comeback.

A life settlement is the transaction through which an individual sells a life insurance policy insuring his life for a portion of the death benefit value. The purchase price depends on the value and type of policy offered but also varies based on the life expectancy of the insured. The policies are typically purchased by institutional investors. Upon completion of the sale, the investor is named as the policy beneficiary and continues to pay the premiums for the duration of the insured’s life.

Because the purchaser is required to maintain the policy during the insured’s lifetime, a longer life expectancy usually leads to a lower purchase price. As institutional investors aim to maximize their investment gains, policies covering an insured with a terminal illness and, therefore, a short life expectancy, often present the most attractive investments.

The practice of locating terminally ill policyholders who require cash flow at the end of their lives has given life settlements a negative reputation. Despite this, because of the recent market downturn, there are plenty of other reasons why a client may be interested in selling a policy.

The volatile economy of the past few years has created the very real situation where retirees are running out of income during retirement. These retirees may lack the funds necessary to continue paying the premiums on their policies. Instead of returning to the workplace or letting their policies lapse, many would choose to sell an existing life insurance policy and purchase an annuity product to guarantee lifetime income.

Additionally, there is perhaps a more natural reason for retirees to become interested in the life settlement markets. Many retirees purchase life insurance at a time when their circumstances call for protection against sudden death — for instance, to provide for minor children or surviving spouses. Eventually, these retirees may begin to outlive their need for life insurance protection as children become financially independent and spouses predecease them. Instead of letting these policies lapse, these seniors may prefer to sell their policies and invest the proceeds elsewhere.

Whether the market for life settlements has truly returned remains to be seen. Despite this, the option is one that many current retirees who fear running out of money during retirement would like to have available.

 

For more from Robert Bloink, Esq., LL.M. and William H. Byrnes, Esq., see:

Whole Life Policies: Tapping Cash Value as Alternative to Equity Investing

A Package Deal: Planning for Long-Term Care With Income Security

Looking for Long-Term Care Coverage? You Might Not Find It.

About the Author
Robert Bloink, Esq., LL.M.

Robert Bloink, Esq., LL.M.

Robert Bloink is a professor of tax for the Graduate Program of International Tax and Financial Services, Thomas Jefferson School of Law.

Previously, he served as Senior Attorney in the IRS Office of Chief Counsel, Large and Mid-Sized Business Division, where he litigated many cases in the U.S. Tax Court, served as Liaison Counsel for the Offshore Compliance Technical Assistance Program, coordinated examination programs audit teams on the development of issues for large corporate taxpayers, and taught continuing education seminars to Senior Revenue Agents involved in Large Case Exams. In his governmental capacity, Mr. Bloink became recognized as an expert in the taxation of financial structured products and was responsible for the IRS’ first FSA addressing variable forward contracts. Mr. Bloink’s core competencies led to his involvement in prosecuting some of the biggest corporate tax shelters in the history or our country.

 

Mr. Bloink's insurance practice incorporates sophisticated wealth transfer techniques, as well as counseling institutions in the context of their insurance portfolios and other mortality based exposures. 

About the Author
William H. Byrnes, Esq.

William H. Byrnes, Esq.

Prof. William H. Byrnes, Esq., LL.M., CWM, Fellow

Prof. William H. Byrnes, Esq., LL.M., CWM, Fellow, is the leader of Summit Business Media's Financial Advisory Publications, having been appointed July 1, 2010. He has been an author and editor of 10 books and treatises and 17 chapters for Lexis-Nexis, Wolters Kluwer, Thomson-Reuters, Oxford University Press, Edward Elgar, and Wilmington, as well as numerous commissioned, peer-reviewed, and law review articles. He was a Senior Manager, then Associate Director of international tax for Coopers and Lybrand, which subsequently amalgamated into PricewaterhouseCoopers, practicing in Africa, Europe, Asia, and the Caribbean.

He has been commissioned and consulted by a number of governments on their tax and fiscal policy from policy formation to regime impact. He has served as an operational board member for companies in several industries including fashion, durable medical equipment, office furniture, and technology. Since 1994, he has been a professional trainer for professional association conferences, government workshops, and financial service institutions in-house meetings.

Before Associate Dean Byrnes joined the administration of Thomas Jefferson School of Law, he was a tenured law faculty member at St. Thomas School of Law. He serves on the Academic Committee of the American Academy of Financial Management. He created the first online graduate program offered to wealth managers and life insurance producers without any legal background—see http://llmprogram.tjsl.edu (Graduate Program of International Tax and Financial Services, Thomas Jefferson School of Law).

Email: wbyrnes@nationalunderwriteradvancedmarkets.com

Originally published on AdvisorOne. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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