What Advisors Should Know About Life Settlements
Every advisor is familiar with the term “fiduciary”. A fiduciary is “one that stands in a special relation of trust, confidence or responsibility in certain obligations to others”. Fiduciary comes from the Latin root fiducia meaning trust. CPAs, attorneys, financial advisors and insurance agents are fiduciaries to their clients. With that position of trust comes a responsibility and an obligation to advise clients on matters that may affect their financial or economic well-being.
In the last dozen years, an industry has evolved that provides a senior who owns a life insurance policy an opportunity to realize cash (while living) in excess of the policy cash surrender value. Some might argue that the policy owner can withdraw or borrow against the policy cash values. This is, of course, true. What it does not solve is the ongoing premium obligation to keep the policy in force. What if the policy is no longer needed or affordable?
The life settlement industry provides a secondary market alternative to policy lapse or surrender for those unneeded or unaffordable polices.
Why is the secondary market important? Without a secondary market, the only option a senior has to dispose of a life insurance policy is through lapse (non-payment of premium) or surrender (selling it back to the issuing company for a predetermined price). Imagine if you were obligated to sell to sell your home back to the builder for an agreed upon price when you purchased it. Would the market for real estate be as robust as it is with only one buyer? Would any market be strong with only one buyer? Of course not. Prices would be artificially low because of the lack of incentive to pay more than the previously agreed amount. This is the way the life insurance industry works. The secondary market brings to the senior, on average, 3 to 4 times the amount of the cash surrender value depending on the age of the insured, his/her health status, the size and type of policy, and the amount of the guarantee by the issuing company.
The secondary market brings several buyers (generally institutions) to the market for your client’s policy. They compete against one another with the policy going to the highest bidder. Your client is the beneficiary of this competition. As a fiduciary, it is important that you understand that getting multiple buyers involved is the only “true” way to determine fair market value. Sourcing a single buyer does not guarantee your client the highest possible price for the policy.
Fiduciary responsibility dictates that advisors be aware of the secondary market for life insurance and present it as an option to a client when the situation warrants.
Is It Time to Review Your Life Insurance Policy?
Cash value life insurance carries an investment component along with death protection. Premiums paid in excess of mortality and administrative costs are credited to the accumulation value of the policy. The accumulation values illustrated in the policy at inception are based on an assumed rate of compounding or crediting. These projections do not assume changes in interest rates or equity markets in a variable policy. The last decade has seen some remarkable changes in interest rates. Actual cash values may not have grown as illustrated due to lower interest rates or higher policy expenses. Policy premiums paid, in some cases, may be higher than current policy values, particularly after applying surrender charges. What do you do now?
It may be worthwhile to review your life insurance policy. Perhaps your situation has changed and you no longer need as much insurance or the premiums have become burdensome. In reviewing your insurance plan you and your advisor will want to get a current in-force illustration. This will show actual accumulation values based on current interest rates. Compare this illustration to the one from the policy inception date. A market comparison is part of the policy review process. It could be that despite being older, mortality improvements and increased competition could result in a new policy that could cost you less or, for the same premium, provide a greater benefit. As with auto insurance, it pays to shop around from time to time. A policy review should be conducted at least every 24-36 months.
If you and your adviser agree that policy replacement is the correct course of action, you have some options. One is to surrender the policy in a 1035 exchange using the existing cash value as equity in acquiring the new policy. The cost basis in the old policy becomes the basis in the new and any taxable gains are deferred.
Another possible option is to sell the old policy and use the sale proceeds to acquire a new policy in a life settlement transaction. This option is generally available to seniors over the age of 70 with health impairments that developed after the purchase of the old policy. If you qualify, the settlement proceeds may far exceed the surrender value making this a preferable option to a tax-deferred exchange. As always, please consult with a tax advisor regarding possible tax ramifications of a life settlement.
Questions To Ask Your Life Settlement Broker
You didn’t come to the decision to sell your life insurance policy in the life settlement market lightly – you weighed the options, hopefully talked with an advisor on the pros and cons of the move, and chose the right brokerage firm to facilitate the sale. Or did you choose the right broker?
Probably the most difficult variable in the life settlement deal for policy sellers is knowing which broker to choose. Policy holders have some valid concerns. Not all broker firms are reputable or even unbiased.
When choosing a firm to represent your life settlement sale, ask the following questions:
- Who is the buyer? What you’re looking for is a broker who is not also a buyer of life settlements. Such brokers pose a conflict of interest, and it could be that the interests that broker is serving are not yours.
- Is the broker licensed in your state? Most states now have some form of regulation with respect to life settlements. The broker must be registered in each state they are doing business in.
- What is the fee and how are broker commissions calculated? The best answer your broker can give you is that commission fees are based on a “value created” method. That means you’re paying a percentage based on the additional amount the broker secured on the sale of the policy, typically 30 percent, over and above the surrender value.
- What is the typical application process like? Look for a broker who exercises adherence to regulations whether required to or not. Is there analysis of your medical history by a qualified medical professional?
- Will you get to view the various offers? Transparency is key. If your broker is unwilling or says he’s unable to share bids with you, look elsewhere.
- How many years of experience does the broker have? Look for someone whose specialty is life settlements and who has a client history of handling life settlements.
- How does the broker plan to market your policy? Be exact in what you expect out of the sale. If you’re unsure what dollar amount to aim for, do some preliminary research ahead of time or talk with a financial advisor for some guidance.
- Does the broker follow NAIC guidelines? The National Association of Insurance Commissioners have developed the standard guidelines for the insurance industry. Your broker should not only understand them, but adhere to them.
- How is your privacy protected? Most life settlement brokers go to great lengths to ensure your private information never reaches the buyer of your policy. Find out what steps your broker takes to protect your personal information.
- Does the broker firm carry errors & omissions coverage? Mistakes happen. A broker firm that carries appropriate levels of errors & omissions coverage is demonstrating a commitment to protecting their clients’ interests. Plus most insurance companies have strict minimum requirements brokers must meet in order to qualify for coverage.
If you have questions about how to interview your life settlement broker, Opulen Capital can give you a free consultation pointing out the requirements you should expect from your broker. Call us at 877-678-5631, or find out more at http://www.OpulenCapital.com.
Why Are Life Settlement Brokers So Beneficial?
Fred has had his life insurance policy since he was 21. At 66, Fred assessed his policy against his current situation. His children are grown and have established careers. They make more money than he does, and his policy is no longer useful to him as coverage since he and his wife have prepaid their funeral expenses. Recently, Fred’s business has suffered through some significant losses due to the recession, and he’s considering his options. Should he take out a business loan with a mid-range interest rate or should he look for capital elsewhere? If Fred is smart, he’ll include the life settlements market as one of those options.
If you’re considering selling your life insurance policy in the life settlement market, you have plenty of options on who will sell your policy. To ensure you get the best deal for your policy, you should understand how each entity in the life settlement market operates.
Financial advisors are an evolving group within life settlements. Accountants, attorneys, wealth managers and the like have entered the life settlement market in order to unravel the complex financial structures associated with life settlement deals. While many do not specialize in life settlements, they do specialize in financial transactions.
Life settlement providers are the purchasers of your life insurance policy. They have the industry experience required to analyze your policy and valuate it accurately. With the expertise in-house for vetting policies and developing offers, they compile portfolio assets (policies) into sellable pools that look attractive to investors.
Life settlement brokers bring together buyers and sellers of life insurance policies. For the sellers, brokers will shop your policy to a number of life settlement providers, bringing in select offers, which in turn has life settlement providers competing for your policy. Brokers charge a fee based on the value of the policy.
Why go with a life settlement broker over a financial advisor or a life settlement provider? Because by dealing with more life settlement providers, brokers are able to reach multiple buyers for one policy. Also, brokers vet the buyers, knowing from experience and from buyer discussions which buyers will close on life settlement agreements with the least amount of effort.
And life settlement brokers have the advantage of specializing in the industry. While financial advisors are important to the transaction and should be included in the process, life settlement brokers know the market, the buyers, the validity of any offers, and the current price points for life insurance policies in the life settlements market. Brokers have the advantage over financial advisors that they are able to obtain the best possible price for the seller.
Probably the biggest advantage of using a life settlement broker over any other advising entity is that brokers understand the market and can explain to you in detail the process. Brokers know when to enter the market, what the current market volatility is, and what the seller should expect in terms of offers from buyers.
Because the life settlement market is not without risk, you should consult someone with industry expertise. By specializing in life settlements, brokers can better assess the risks of selling and help sellers time their entry into the market.
Opulen Capital is one of the leading firms offering Life Settlement opportunities for high net worth clientele. Email us or call 877-678-5361.
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