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LIFE INSURANCE
Life insurance is simply protection to
ensure that your family will have financial security when you pass away. If
something should happen to you, how will they be able to continue doing
the things they take for granted, such as live in a nice home, continue their
education, or create a retirement nest egg without you? Life insurance
can help to provide the answer.
In this section, we'll help you begin to think about
Life insurance. We'll take a look at the two basic types of Life
insurance, how to achieve an appropriate level of Life insurance, how to
read your policy, and how to address typical planning concerns. All designed to
provide you with a framework for considering how much life insurance you
need.
There are many reasons for purchasing life insurance:
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Family protection to provide financial security to
surviving family members on the death of the insured person.
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To pay for children's education.
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Insurance to cover a particular need such as paying
off a mortgage or consumer debt upon the insured's death.
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Business insurance to compensate a company on the
death of a key employee or to provide a surviving partner the resources
to buy out the deceased partner's share of the business.
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To provide funds to pay estate taxes or other final
obligations necessary to settle a deceased person's estate.
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To provide the funds necessary for the deceased
person's burial expenses.
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Accumulation of funds to supplement retirement
income.
Understanding
The Basics
What is life insurance?
Life insurance is an agreement
between you (the insured) and an insurance company (the
insurer). Under the terms of a life insurance contract,
the insurer promises to pay a certain sum to someone (a
beneficiary) when you die, in exchange for your premium
payments.
Why would you need life insurance?
The most common reason for buying life insurance is to
replace the income lost when you die. For example, say
that you work, and your income is used to support yourself
and your family. When you die, and your paychecks stop,
the life insurance proceeds can be used to continue to
support the family members you've left behind.
Another common use of life insurance
proceeds is to pay off any debts you leave behind. For
example, mortgages, car loans, medical bills, and credit
card debts are often left unpaid when someone dies. These
obligations must be paid from the assets left behind. This
can deplete the resources that your family needs. Life
insurance can be used to pay off these debts, leaving your
other assets intact for your family to use.
Life insurance provides liquidity to
your estate. When you die, you may leave some liquid
assets (such as cash, CDs, and savings bonds), and some
illiquid assets (such as real estate, an automobile, and
stocks). Your liquid assets may not be enough to pay all
the debts that you leave behind, plus all the expenses
that arise because of your death (such as funeral expenses
and estate taxes). Your illiquid assets may have to be
sold in order to meet these obligations when they come
due. This may cause a financial loss if the assets must be
sold cheaply in order to get the money on time. Life
insurance can avert this situation, because the proceeds
are available almost immediately upon your death.
Life insurance creates an estate for
your heirs. After your debts and expenses are paid, there
may not be much left over for your family. Life insurance
can automatically provide assets for them after your
death.
Life insurance is also a great way to
give to charity when you die. You may have always had a
great philanthropic desire, but not the means to make it a
reality. Life insurance can do that for you.
Life insurance can even be a key element
for specialized business applications, such as funding a
buy-sell agreement. Under a buy-sell agreement, life
insurance can be used to provide cash for the purchase of
a deceased owner's interest in the business.
Finally, life insurance can be an
investment vehicle. Some types of life insurance policies
may actually make money for you, as well as provide the
benefits described above. This can help you with long-term
financial goals and strategies.
What do you need to know about life
insurance?
There are several kinds of policies that may be
available to you.
Term life insurance policies provide
life insurance protection for a specific period of time or
term. If you die during the coverage period, the
beneficiary named in your policy receives the policy death
benefit. If you don't die during the term, your
beneficiary receives nothing. Common term policies
last for 10, 15, 20 and even 30 years.
Permanent insurance policies provide
insurance protection for your entire life as long as the
policy remains in force. In addition to the insurance
protection provided, this type of policy also builds
internal cash values, often described as a savings account
within the policy.
Below is a list of the different kinds
of permanent insurance policies:
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Whole life
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Ordinary level premium whole life
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Limited-pay whole life
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Current assumption whole life
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Variable life
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Adjustable life
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Universal life
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Variable universal life
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Joint life (first to die)
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Survivorship (second to die)
You also need to know that the cost of
life insurance will depend upon the type of policy, your
age, and your health at the point in time when the policy
is issued.
A life insurance contract is made up of
provisions, options, and riders. Provisions describe or
explain features, benefits, conditions, or requirements of
the contract. Options are features of the agreement that
require you to make a choice regarding some aspect of
coverage. Riders are additional coverage (or endorsements)
offered by the insurer at the time of application and
added to the standard agreement in return for an
additional premium.
Finally, you need to know the tax
consequences of owning life insurance.
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Life insurance premium payments are
not tax-deductible expenses.
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In general, the death benefit paid to
the beneficiary is not included in gross income for
federal income tax purposes, because it is paid with
after-tax dollars.
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You must be very careful about who
owns the policy and who the beneficiaries are, in
order to avoid estate taxes on the proceeds when you
die.

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THE BASICS OF LIFE INSURANCE
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Choosing An Amount ▼
Choosing
An Amount
It turns out that for life insurance, the solution to
the puzzle of "how much" can be found with some basic
calculations. The reason for purchasing life insurance, of
course, is to provide your family with long-term financial security.
To come up with a dollar figure that will provide that security, you
should begin with a careful review of your financial situation.
Essentially, there are two categories that you should
considerwhat your family's immediate needs will be if
something happens to you, and what their ongoing needs will be.
- Immediate needs can include the final expenses associated
with a terminal illness, burial costs, estate taxes, the balance of
an unpaid mortgage and even relocation expenses.
- Ongoing needs might include monthly bills and expenses,
mortgage payments, daycare costs, education, income replacement and
retirement.
Most people aren't so anxious to figure out how their
family will replace the income lost if they die, or even to tackle such
details as how much their own funeral will cost, or if the family will
have to sell their home should such an event occur, and what the marketplace
will be like if selling the home is neccesary. One way to start
the process is to consider this basic rule of thumb for life insurance:
- In general, most people should have life insurance that is equal to five to seven times their
annual gross income.
Life insurance comes in two basic forms. There is:
- Term life insurance and
- Permanent life insurance (also known as Cash-Value). Knowing which
one is appropriate for you means understanding what your needs are
and what you are protecting.
You should elect an amount necessary to meet the needs
you are trying to satisfy.
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Choosing The Type
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Choosing
The Type
There are two basic types of life insurance, term insurance
and cash value insurance. There are many variations on these two basic
types. Term Policies provide life insurance for a specified period
of time. These policies provide benefits in the event of death, but
they generate no "cash value". If you have a limited amount
to spend, and only need the additional coverage insurance for a finite
period of time (for instance.. until the children graduate from college),
you may be able to get more coverage by acquiring term insurance than
by with cash value insurance. Today's term policies usually have
two sets of premiums - guaranteed maximum premiums, and "current
premiums", which are usually much lower. The company cannot increase
current premium above the guaranteed maximum premiums shown in the policy.
When you buy term insurance you need to make a choice
as to how long you want the protection. You may renew the policy without
a physical examination for the period of years specified in the policy.
Some term insurance can be converted to cash value insurance up to a
specified age with no physical examination. Premiums for the converted
insurance will initially be higher than the premiums you would be paying
for the term insurance. Cash-Value Insurance combines death benefits
with a cash accumulation feature. The buyer of a cash value policy pays
more in the early years than for term insurance, but the money not needed
to pay for the cost of the death benefit accumulates as interest. If
the policy is surrendered before the insured dies, there may be a cash
value paid to the owner. In addition you can make loans from your policies
cash value. This interest rate for most policies decreases after
a specified number of years, and if the loan is never paid back then
the amount is deducted from the policy's benefit. As a general
rule, it is not a good idea to buy cash value life if you plan to surrender
early.
If all premiums are paid, cash value insurance usually
lasts for the whole life of a person, and pays death benefits to the
beneficiaries named in the policy upon the death of the insured. The
cash value can be used as loan collateral for borrowing funds at the
interest rate specified in the policy. Any outstanding loans are deducted
from policy proceeds at death or surrender. Some of these products may
enjoy tax advantages.
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Choosing Beneficiaries ▼
Choosing
Beneficiaries
Designating a
Beneficiary
A beneficiary is the person or entity you name (designate)
to receive the death benefits of a life insurance policy.
Revocable and irrevocable
beneficiaries
The beneficiary can be either irrevocable or
revocable. Once named, you cannot change an irrevocable
beneficiary without his or her consent. A revocable
beneficiary can be changed at any time.
Primary, secondary, and final
beneficiaries
You can name as many beneficiaries as you want, subject to
procedures set in the policy. The beneficiary to whom the
proceeds go first is called the primary beneficiary.
Secondary beneficiaries are entitled to the proceeds only if
they survive both you and the primary beneficiary. A third
level of beneficiary ("final" beneficiaries) can
be named as well. Final beneficiaries receive proceeds only
if they outlive all other beneficiaries. Usually aunts,
uncles, nieces, nephews, and charities are named at this
level.
You should name both secondary
beneficiaries and final beneficiaries. You may outlive the
primary beneficiary, you may die simultaneously, or the
primary beneficiary may be unable to collect the proceeds.
In these cases, if you have not named secondary
beneficiaries, the proceeds pass to your estate. Proceeds
paid to your estate are subject to all the expenses and
delays associated with settling an estate, whereas named
beneficiaries can receive proceeds almost immediately after
your death.
Multiple beneficiaries
You may name multiple beneficiaries if you choose. There
are no legal restrictions--and few company restrictions--on
the number of beneficiaries you can designate. The only
requirement is that they must all have an insurable interest
in you (e.g., spouse, child, business partner, etc.) at the
time you apply for the insurance.
If you name multiple beneficiaries, you
must also specify how much each beneficiary will receive.
You may not want to give each beneficiary an equal share, so
you must state how the proceeds should be divided. Because
of the numerous interest and dividend adjustments the
insurance company must make, the death benefit check often
does not exactly equal the policy's face value. Thus, it's
wise to distribute percentage shares to your beneficiaries,
or to designate one beneficiary to receive any leftover
balance.
How do you name or change a
beneficiary?
When you buy life insurance, the insurer will provide you
with a beneficiary designation form. Generally, you only
need to list the names of the beneficiaries, sign the form,
and date it. When changing a beneficiary, a similar form is
used. It is advisable to specifically revoke any previous
designations by writing this in on the change of beneficiary
form. You may want to review your beneficiary designation
every two or three years. Additionally, be sure to check and
update your designation upon certain life events (e.g.,
divorce, remarriage, the birth of children, etc.).
Don't make the mistake of thinking that
you can change your beneficiary in your will. A change of
beneficiary made in your will does NOT override the
beneficiary designation form. If you want to change the
beneficiary, execute a change of beneficiary form. Do not
rely on your will to do so.
Why designating the proper beneficiary
is important
Life insurance is purchased for two primary reasons: to
create an instant estate to provide for your family members,
and to solve cash flow problems caused by your death. To
attain these goals, you want to ensure that all the life
insurance proceeds are received by the beneficiary. To do
this, you need to avoid estate taxes that will deplete these
funds. One way to avoid taxes is to properly designate the
beneficiary.
Should you name your spouse as
beneficiary?
Most married people name their spouse as primary
beneficiary. If your spouse is the beneficiary, then
the proceeds pass free of estate taxes under the unlimited
marital deduction, regardless of who owns the policy.
However, if the spouse also has a sizeable estate, the
proceeds will be included when he or she dies (unless, of
course, they have been spent). In the later case, you may
end up only postponing estate taxes, not completely avoiding
them.
Additionally, if you and your spouse die
simultaneously, the Uniform Simultaneous Death Act (USDA)
provides that the beneficiary will be presumed to have died
first. This means that the unlimited marital deduction will
be lost, and the proceeds will be included in your gross
estate.
Be aware, however, that if you live or
move to a community property state, your spouse must give
written consent before you can designate anyone else as your
beneficiary.
Other things to think about
Be careful if you name your estate or your executor
If your estate or your executor is named as beneficiary on
your life insurance, the proceeds will be included in your
gross estate for federal estate tax purposes. If your gross
estate is large enough, estate taxes must be paid. These
taxes reduce the life insurance proceeds available for your
family, and the process of settling the estate will delay
the availability of the life insurance proceeds.
Of course, your child or spouse may also
serve as your executor. In this case, he or she may be a
perfectly appropriate beneficiary. Just make sure you
indicate that the beneficiary is your child or spouse, and
not just the executor of your estate.
Be careful if you name a creditor, or
someone who will use the proceeds to do you a favor
Occasionally, a beneficiary is considered by the IRS to be
for the benefit of your estate. When this happens, the
proceeds from the life insurance policy are included in your
gross estate for estate tax purposes. Examples of this
include:
- naming a creditor as beneficiary (in
payment of a debt)
- naming a beneficiary to receive
proceeds under an agreement that requires him or her to
pay your estate's debts or expenses
- naming a beneficiary to receive
proceeds to pay alimony or support
Don't name a minor unless a guardian
has been appointed or a trust is used
Insurers generally will not make settlements directly to
minors. Do not name a minor as a beneficiary unless you also
appoint a guardian or use a trust.
Name a beneficiary in accordance with a
divorce decree, settlement agreement, or state law
Your right to change a beneficiary may be limited by a
divorce decree or settlement agreement. In some states,
divorce automatically terminates a spouse's interest. In
other states, divorce allows a policyowner to change the
beneficiary, even if the beneficiary is irrevocable.
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Claiming Benefits
▼
Claiming
Benefits
How do you claim life insurance
benefits?
Life insurance benefits are not paid automatically. If you
are the beneficiary of a life insurance policy, you must
file a claim in order to receive any money. Often, this is
as simple as contacting your insurance agent, and filling
out some paperwork.
However, if this is the only step you
take, you may be missing out on other life insurance
benefits to which you are entitled. For example, your spouse
or family member may have owned one or more group policies
that pay benefits depending on how the insured person died,
or in restricted amounts. If you spend time uncovering these
unseen policies, you may uncover additional support funds
from life insurance than you had expected.
Finding individually-owned life
insurance policies
Your spouse or family member may have owned one or more
permanent or term life insurance policies.
Individually-owned term or permanent policies are what most
people think of as life insurance. These policies are
purchased by one person, and pay benefits when the insured
person dies. If your spouse or family member owned one of
these policies, he or she probably kept it with his or her
important papers; in a file, or in a safety deposit box.
However, if you know that your spouse or family member owned
an individual policy and you can't find it, call his or her
insurance agent or company to check. If you're not sure if
your spouse or family member owned a policy, you can contact
the American Council of Life Insurance. Its members can do a
free search for you.
Finding group life insurance policies
Group life insurance policies provide coverage to many
people under one policy. Group insurance policies may be
issued through an employer, bank, credit agency, or other
professional or social organizations, and they often pay
benefits in specialized circumstances. Because the group
holds the actual policy, the insured person receives a
certificate of insurance as proof that he or she is insured.
Look for these certificates in your spouse's or family
member's personal papers, files, and safety deposit box.
However, even if you can't find any certificates, this
doesn't necessarily mean your spouse or loved one wasn't
insured. You should still check with your spouse's or family
member's employer, bank, or credit agency, or study loan
paperwork or purchase contracts. Read the following sections
for information about types of group policies your spouse or
family member may have owned.
Employer-based group life insurance
If your spouse or family member was employed at the time of
his or her death, you may be the beneficiary of a life
insurance policy issued through his or her employer. Because
some employers offer their employees a certain amount of
life insurance at no cost, you may not even be aware that
your spouse or family member was insured by a group policy
because he/she did not pay his/her own premiums. In
addition, your spouse or family member may have had the
option of purchasing additional group life insurance through
his/her employer, paying the extra premiums himself/herself.
Thus, before assuming that your spouse or family member did
not have group life insurance, you should check his/her pay
stubs, and call his/her employer.
Accidental death and dismemberment
policy
Your spouse or family member may have been offered an
accidental death and dismemberment policy through an
employer, credit card, or bank. These policies pay benefits
if an insured individual dies accidentally. This is another
type of life insurance you may be unaware that your spouse
or family member had because, occasionally, these policies
are offered as part of a loan package, or even issued as a
free benefit by banks, or as a rider to an employer-issued
insurance policy. If your spouse or family member died
accidentally, look for such a policy in his or her files, or
contact his or her employer, bank, credit card issuer, or
insurance company.
Travel accident insurance
If your spouse or family member was killed while traveling
by air, boat, or train, you may be eligible to receive the
proceeds from a travel accident insurance policy he or she
may have purchased when buying tickets. In addition, if your
spouse or family member used a credit card to purchase
travel tickets, you could be automatically entitled to a
life insurance benefit payable if he or she dies as a result
of an accident when using those tickets. Some travel
agencies and road and travel clubs also routinely issue
travel accident insurance policies, and employers sometimes
pay death benefits to employees who are killed while
traveling on company business.
Mortgage life insurance
If your spouse or family member owned a house, he or she may
have purchased mortgage life insurance. A mortgage life
insurance policy pays off the balance of the policyholder's
mortgage upon his or her death. If you're not sure whether
your spouse or family member purchased such a policy, check
with the mortgage lender.
Credit life insurance
Banks and finance companies routinely offer credit life
insurance when someone takes out a loan, or is issued a line
of credit. This insurance will pay off the outstanding
balance of a loan or account if the insured individual dies.
A few extra dollars is added to the monthly loan payments to
pay the premiums. Many institutions try to sell this type of
policy when someone finances a purchase, or signs up for a
line of credit, and occasionally they add it to a contract
before the individual signs it. Thus, it is likely that you
won't find out that your spouse or family member owned such
a policy unless you check with credit card companies, banks,
or any lenders to whom your spouse or family member owed
money at the time of his or her death.
How do you file a life insurance
benefit claim?
- Notify the insurance company that
the policyholder has died
You should contact the insurance company as soon as
possible. Call the policyholder services department
directly, or if the life insurance policy was issued
through our agency or an employer, ask us/them to notify
the company for you to begin the claims process.
- File a claim form
You'll begin the claims process by filling out and
signing a proof of death form, and then attaching to it
an original or certified copy of the policyholder's
death certificate. If you are too distraught to fill out
the form yourself, we may fill it out for you, although
you'll still have to sign it. If there is another
beneficiary named on the policy, that person must also
fill out a claim form. You may also have to fill out
Form W-9 (Request for Taxpayer Identification Number and
Certification), which will enable the insurance company
to notify the Internal Revenue Service of any interest
it has paid to you on the value of the policy. To
expedite your claim, follow the insurance company's
and/or policy instructions carefully.
- Wait for the company to process the
claim
Life insurance claims are usually paid quickly, often
within a few days. First, however, the insurance company
will ensure that you are the beneficiary of the policy,
that the policy is current and in force, and that all
conditions of the policy have been met. This is usually
a simple matter, and does not delay the claims process.
Claims are more often delayed because the insurance
company has not received a valid death certificate. The
insurance company also has a right to challenge or deny
a claim if it believes that a specific policy provision
has been violated.
How should you receive the life
insurance proceeds?
In a lump-sum cash payment
Life insurance proceeds are often paid as lump-sum cash
payments. Most people elect this form of payment because it
enables them to control how the insurance money is invested
or spent. In addition, if you elect to receive a lump-sum
payment, you will not owe income tax on the life insurance
proceeds.
Through a settlement option
A settlement option is a way of paying the proceeds of a
life insurance policy other than in a lump-sum cash payment.
Many types of settlement options are available, but all are
designed to ensure good money management in situations where
the beneficiary is unable or unwilling to manage a lump sum
of cash. Either the policy owner chooses the settlement
option at the time he or she purchases the policy, or the
beneficiary chooses the option at the time the benefit
becomes payable (unless the policy owner had chosen an
irrevocable option).
If you receive the proceeds of an
insurance policy through a settlement option, the insurance
company will keep the policy proceeds, invest them, and pay
you interest. Or, you may be allowed to withdraw part of the
proceeds or receive periodic payments of both principal and
interest.
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Reading Policies
▼
Reading
Policies
Most life insurance policies are filled
with fine print, legalese, and technical insurance jargon.
However, if you can find the time and muster the patience,
it's probably a good idea to sit down and read through your
policy. If you do, you'll understand your policy better and
gain an understanding of your rights and obligations under
the contract.
Here are some common provisions to look
for when you read your policy:
Entire contract clause
When your life insurance policy takes effect, the
application for insurance that you filled out is
incorporated into the contract. The statements you made on
the application become contractual provisions and can be
used as evidence in a dispute over the contract's validity.
Typically, states require that a clause be inserted in your
policy stating that the policy and the application attached
to it together form the entire contract between you and the
insurer. This clause is beneficial to you because if your
insurer accuses you of misrepresentation and seeks to void
the contract, they're prevented from using other evidence
outside of the contract. They can only void the contract if
you made false statements on your application.
Ownership clause
A life insurance policy is a piece of property. The owner of
the policy may be the individual whose life is insured under
the contract, it may be the beneficiary, or it may be
someone else. In all likelihood, if you are the insured, you
are also the owner of the policy. As the owner, you have
certain privileges of ownership, including the right to
transfer or assign the policy, the right to change the
beneficiary, the right to receive the cash value and
dividends (if applicable), and the right to borrow against
the cash value (again, if applicable).
Beneficiary clause
The beneficiary clause allows you to name the person who
will receive the policy's death benefit proceeds upon your
death. The designation of your beneficiary is an important
decision, enabling you to control the disposition of the
insurance money. While you may designate yourself as
beneficiary under certain types of retirement income
policies, the beneficiary under a traditional policy will
generally be either your estate or an individual. It's
usually not advisable to name your estate, however, because
then the proceeds will have to pass through probate and
payment of them will be held up. If you name a specific
individual, the proceeds will be paid directly to him or her
upon your death without delay. A beneficiary designation may
be revocable (can be changed by you at any time) or
irrevocable (can't be changed). In addition, a beneficiary
may be primary or contingent. Basically, the primary
beneficiary is the person first entitled to the policy
proceeds at your death. If the primary beneficiary dies
before you (and thus before any proceeds are paid), the
contingent beneficiary takes his or her place.
Incontestable clause
This is an clause that is required in most life
insurance policies. Typically, it states that the validity
of the contract cannot be questioned or challenged for any
reason whatsoever after the policy has been in force for a
period of two years during your (the insured's) lifetime.
The reason for this clause lies in the long-term nature of
the life insurance contract. Its purpose is to give the
insurer ample time to review the contract while providing
you and your beneficiary with some assurance that you will
not be harassed by lawsuits long after the policy was
originally bought.
Misstatement of age clause
This is somewhat of an exception to the incontestable
clause. The incontestable clause does not apply when you,
the insured, misrepresent your age. The reason is simple.
Because age is a key factor in determining whether a company
offers you life insurance and in setting premiums, some
applicants are tempted to understate their age in order to
pay a lower premium. Understandably, insurers wish to avoid
this. The misstatement of age clause provides that if you
have misrepresented your age, the insurer will lower the
face amount of the policy to the amount of insurance that
the premium paid would have purchased at the correct age.
Grace period
Your policy specifies the due date for premiums (e.g.,
monthly, quarterly, semiannually). Whatever the due date,
you generally must pay your premiums on or before that date.
If you fail to do so, you will be in default and technically
the policy will lapse. This rule is subject to a disclaimer,
however, in the form of a grace period during which the
policy still remains in force if a premium hasn't been paid
on time. For example, if you have a premium due on
January 1 and don't pay it by that date, you might have
until February 1 to make the payment before the policy would
lapse. If you died on January 15, the death benefit proceeds
would still be paid, but minus the amount of the premium in
default.
Reinstatement clause
Many life insurance contracts contain a clause allowing
you to reinstate or reactivate a lapsed policy (i.e., one
for which you stopped paying the premiums). However,
reinstatement is not your unconditional right. If available,
it will be subject to a number of very specific requirements
on your part. First, if it's a cash value policy,
reinstatement will be possible only if at the time of the
policy's lapse you did not withdraw its cash surrender
value. Second, reinstatement must be accomplished within a
specified time period, normally five years after the lapse.
Third, you must resubmit proper evidence of your
insurability. Not only must your health still be
satisfactory to the insurer, but other factors such as your
income and personal habits must not have changed greatly
either. Finally, an insurer will generally only permit
reinstatement if you pay all the overdue premiums (plus
interest) and if you pay (again, with interest) or reinstate
any indebtedness from loans that may have existed at the
time of lapse.
Suicide clause
Almost all life insurance policies exclude suicide during a
specified period after the policy is issued. Under this
clause, the typical period during which coverage for suicide
will be denied is two years (although some policies limit it
to one year). Assuming you are the insured, this means that
if you commit suicide (whether by insanity or not) within
two years after purchasing your policy, the insurer will not
pay any death benefits to your beneficiary. The insurer
would be responsible for refunding the premiums paid by you,
but that would be the extent of their financial obligation
under these circumstances.
Aviation exclusion
At one time, almost all life insurance policies excluded
death resulting from aviation. Today, most policies will
provide coverage if you die in an airplane accident,
although you may have to pay an extra premium to cover the
heightened risk if you're a private or commercial pilot (or
a crewmember).
War clause
During war time or when a war seems likely to occur,
insurance companies may insert a war clause into their
policies. This clause usually states that if you (the
insured) die in a war, the insurer does not have to pay the
death benefit proceeds that would ordinarily be payable
under the policy. Instead, all they have to do is return the
premiums you paid plus interest.
Special provisions, riders and options
Note that the provisions described
here are only the ones that are more or less common to all
life insurance contracts. In most cases, you have the choice
of purchasing riders and optional coverages that allow you
to expand your coverage and tailor the policy to your needs.
In addition, certain types of policies may have special
provisions of their own. Cash value policies, for example,
generally include provisions relating to policy loans and
the surrender of all or part of the cash value.
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LIFE INSURANCE PLANNING
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Estate Planning & Life Insurance
▼
Estate
Planning & Life Insurance
Life insurance has come a long way since
the days when it was known as burial insurance and used
mainly to pay for funeral expenses. Today, life insurance is
a crucial part of many estate plans. It can:
- provide much-needed income that is
immediately accessible to your survivors
- allow you to replace wealth lost due to
estate shrinkage (i.e., the estate taxes and expenses
associated with your death) and
- allow you to give money to your
favorite charity.
What are the estate planning benefits
of life insurance?
Life insurance can protect your survivors financially:
You can buy life insurance to help ensure that your
survivors don't suffer financially when you die. You can
protect their long-term financial needs by planning so that
they will have enough money to pay their bills and live
comfortably for years to come. You can also use life
insurance to protect your survivors' short-term financial
needs. Because life insurance proceeds normally don't pass
through probate, your loved ones will have enough money to
pay their bills right away--they won't have to wait until
your estate is settled.
Life insurance can replace wealth that is lost due to
estate shrinkage:
Life insurance may be the number one method of replacing
wealth that is lost due to estate shrinkage. To ensure that
the estate (money and assets) you leave to your survivors
isn't less than you intended, you can buy enough life
insurance to cover the expenses associated with your death,
such as taxes, fees, and other debts that your survivors
will have to pay.
Life insurance can be given to charity:
If you want to leave money to charity when you die, consider
using life insurance. Not only does life insurance allow you
to make a substantial gift to charity at relatively little
cost to you, but there are certain tax benefits as well. For
instance, depending on how you structure your gift, you may
be able to take an income tax deduction equal to your basis
in the policy or its fair market value. Or, you may be able
to deduct the premiums that you pay for the policy. In
addition, gifts to charity may reduce estate taxes owed when
you die.
Plan carefully if you expect to leave
behind a substantial estate
Your survivors generally won't owe
income tax on any life insurance proceeds that you leave to
them. However, they may owe estate taxes if you leave behind
a large enough estate but don't plan ahead. In general, if
you're leaving behind a taxable estate worth less than a
certain amount, your survivors won't owe estate taxes on a
life insurance policy that you leave them. But, if you
intend to leave an estate larger than that amount, you may
want to consider the estate tax consequences of owning life
insurance.
In general, to avoid life
insurance-related estate taxes, make sure that you don't:
- Own the policy or have any incidents of
ownership in the policy
- Make the proceeds payable to your
estate
- Make the proceeds payable to your
personal representative (executor)
- Make the proceeds payable to a
beneficiary to satisfy a debt or to pay alimony or
support
- Pay the premiums
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Taxes & Life Insurance
▼
Taxes
& Life Insurance
How is life insurance
taxed?
Historically, life insurance has been accorded liberal tax
treatment. As insurance products have become more
sophisticated, however, the line separating insurance
products from investment products has become a bit more
complicated, depending on the type of policy(s) you own. As
a result, a mix of complex rules and exceptions now govern
the taxation of insurance products. Familiarity with these
rules will help you avoid an unwary consequences and help
you plan accordingly.
Tax considerations
Taxes are typically levied whenever cash changes hands.
During the term of any life insurance policy, there are a
number of occasions when money can and does change hands.
The only question is whether the transaction amounts to a
taxable event that triggers current income tax liability.
For instance, in most cases, premiums are paid with
after-tax dollars. To the extent they are deemed a return of
premiums, benefits paid out during your lifetime are usually
paid out tax free. Typically, death benefits are received
tax free by your beneficiaries after your death. But, the
sale or surrender of your policy during your lifetime
triggers a tax on the realized gain.
Premiums may be paid with pre-tax
dollars:
If your company offers the option to purchase life
insurance through a qualified retirement plan, then your
pre-tax contributions to the plan (and/or your company's
contributions) can be used to buy a life insurance policy.
However, not many companies offer their employees the option
to purchase life insurance through their qualified
retirement plan. If you do not purchase the insurance policy
through a qualified retirement plan, then the premiums have
to be paid with after-tax dollars.
Cash value accumulates tax deferred:
As the investment element of your policy grows, you realize
gains. Generally, you are allowed to defer taxes on those
gains provided you don't sell or surrender the policy. There
are a few rare--but important--exceptions.
Dividends are typically not taxable:
Dividends are paid out of the insurer's surplus earnings for
the year. Regardless of whether you take them in cash, or
keep them on deposit with the insurer, they are considered a
return of premiums. As long as you don't get back more than
you paid in, you are merely recouping your costs and no tax
is due.
Cash withdrawals in excess of basis are
taxable income:
When you begin to withdraw cash from a cash value life
insurance policy, the amount of withdrawals up to your basis
in the policy will be tax free. Your basis is the amount of
premiums you have paid into the policy. Any withdrawals in
excess of your basis will be taxed as income. If the policy
is classified as a "modified endowment contract,"
then untaxed earnings must be withdrawn first and taxed.
Keep in mind, though, that only certain types of cash value
policies even allow withdrawals in the first place.
Policy loans usually not taxable:
If you take out a loan against the cash value of your
insurance policy, the amount of the loan is not taxable
(except in the case of a modified endowment contract). This
result is the case even if the loan is larger than the
amount of the premiums you have paid in. Such a loan is not
taxed as long as the policy is in place.
Interest on policy loans usually not
tax deductible:
The interest on any loans you take out against the cash
value of your life insurance is usually not tax-deductible.
Surrender of policy may result in
taxable gain:
If you surrender your cash value life insurance policy,
any gain on the policy may be subject to federal (and
possibly state) income tax. The gain on the surrender of a
cash value policy is the difference between the net cash
value and loan forgiveness amounts and your basis in the
policy. Your basis is the total premiums you paid in cash,
minus any policy dividends and tax free withdrawals that you
made.
Policy exchanges are typically not
taxable:
The tax code allows you to exchange one life insurance
policy for another without triggering current tax liability.
However, you must follow the IRS's rules when making the
exchange.
Death benefits usually not subject to
federal income tax:
Whoever receives the death benefits from your insurance
policy (at the time of your death) usually does not have to
pay federal income tax on those proceeds. Thus, if you die
owning a cash value life insurance policy with a $500,000
death benefit, then the beneficiaries under the policy will
generally not have to pay any federal income tax on the
receipt of the $500,000. In addition, the payment of death
benefit proceeds from a cash value life insurance policy to
a beneficiary is usually not considered a taxable gift.
Insurance proceeds may be included in
your taxable estate:
If you hold any incidents of
ownership in an insurance policy, the proceeds from that
insurance policy will be included in your taxable estate.
Furthermore, if you gift away an insurance policy within
three years of your death, then the proceeds from that
policy will be pulled back into your taxable estate.
Incidents of ownership include the right to change the
beneficiary, the right to take out policy loans, and the
right to surrender the policy for cash.
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Savings & Life Insurance
▼
Savings
& Life Insurance
Cash value life insurance provides both
death benefits and a savings feature. When you buy a
permanent or cash value policy, part of your premium pays
for the life insurance protection and part goes toward the
savings component. As you pay your premiums the savings
portion is invested, and the principal and earnings
accumulate as your cash value.
You aren't required to leave the funds in
the policy, however. You can sometimes withdraw from or
borrow against the accumulated cash value. You can then use
the withdrawn or borrowed funds to finance your retirement,
pay a child's college tuition, or assist a child with a down
payment on a house, among other things. This type of
insurance can be a valuable asset, both as an investment and
for life insurance purposes.
Types of life insurance policies you
can use to save
Whole life:
With a whole life policy, insurers generally invest the
funds primarily in long-term fixed-rate securities (bonds,
for example) that typically provide the policyholder with
modest returns of perhaps 3 to 5 percent. Additional returns
may also be achieved through dividend distributions (if
applicable). Yet, because whole life premiums don't
vary in frequency or amount as they might with universal
life, whole life is a more predictable product.
Variable life:
With a variable life policy, you choose how to invest the
premiums from the investment choices available in the
policy. You can place them in potentially higher-yielding
stock and bond funds if you desire. The funds are invested
at a variable rate of return. Since you control how the
funds are invested, you can choose more aggressive
investments if the markets are flourishing. Over the last 20
years, the return on variable life policies has far exceeded
the return on most whole life policies. A variable life
policy is an appropriate choice if you can tolerate the
higher degree of risk. However, variable life returns depend
on market conditions. Therefore, while you'll receive strong
returns when the market is soaring, your returns will drop
when the market falls.
Universal life:
With universal life, the insurer invests the savings
portion of your premium in a fixed-rate account that is
subject to change at regular intervals. You have no control
over how the funds are invested. These investments can yield
fairly attractive returns when rates on fixed investments
are rising. However, while you generally receive interest at
close to market rates, you can't easily predict the
long-term return. Since universal life policies typically
allow you to raise or lower your premiums on an annual
basis, you can increase your contribution when the insurer
is offering a higher return. This flexibility with premium
payments is one of the primary advantages of universal life.
Variable universal life (VUL)
With variable universal life, you choose how to invest
the premiums. You are given a number of investment accounts
to choose from, ranging from conservative to aggressive
portfolios. A VUL policy is a viable choice to consider if
you can tolerate the higher degree of risk involved.
However, VUL returns depend on market conditions. Therefore,
when the market falls, so will your returns. VUL typically
allows you to raise or lower your premiums on an annual
basis. This flexibility with premium payments is a key
advantage of VUL.
Advantages of using life insurance as a
savings vehicle
- It provides life insurance protection
for your family.
- You can earn money on your premium
payments (depending on investment performance).
- The cash value grows tax deferred until
withdrawn or surrendered.
- Sometimes you can withdraw from the
cash value (generally up to a certain percentage).
- You can borrow from the cash value at a
relatively low interest rate (the amount you can borrow
will vary by policy type).
- You may be able to combine a policy
loan with a policy withdrawal.
- You may have a number of investment
choices (depending on policy type).
NOTE: Depending on the specific type of
cash value policy, some of these advantages may apply in
varying degrees
or not at all.
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OTHER CONSIDERATIONS & NEEDS
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Self Employment ▼
Self
Employment
Life insurance is meant to provide
proceeds that will help to replace your income and/or pay
off liabilities in the event of your death. If you are
self-employed, you may have an even greater-than-average
need for life insurance. Not only will you want to protect
your family after you die, but you'll want to protect the
financial needs of your business as well.
Why life insurance is important
Like most people, you probably get your money by working. As
long as you are alive, your income-producing capability is
relatively secure, and you and your family can enjoy the
lifestyle you have established. Even in hard economic times,
most people are industrious enough to produce an income or
manage to get by until the situation improves. When an
income earner dies, however, the surviving family could face
economic hard times that won't end. The financial needs for
the surviving family may include:
- final expenses, such as burial and
funeral costs
- unpaid medical bills
- income replacement for survivors
- mortgage balance
- education fund for children
- unplanned emergency expenses
Why life insurance may be even more
important for the self-employed
When the income earner is a self-employed individual,
there may be an even greater need for insurance. As a sole
proprietor, you are personally liable for all the debts of
your business. There is no legal distinction between
personal and business assets. By legal definition, a sole
proprietorship terminates when the owner dies. Any losses or
financial obligations at the death of the sole proprietor
become the responsibility of the estate. It is possible that
personal assets may have to be sold or transferred to settle
business debts. Business debts may include:
- business loans
- mortgage or lease payments on business
location
- accrued payments due to suppliers,
vendors, consultants, employees, etc.
- taxes due to local, state, and federal
taxing authorities
- fees to lawyers, accountants and other
advisors to settle business affairs
Life insurance can be used to cover these
financial responsibilities, as well as to provide for the
ongoing needs of your family after your death.
What to do about it
Talk to use and we will help you
assess your need for life insurance and design a program to
fit your specific situation.
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Insuring Children ▼
Insuring
Children
The topic of Life insurance for children
is understandably a difficult issue for many parents. If
your child dies, it would be a serious tragedy. But a
child's death does not normally create a unrealistic financial
hardship for the child's family. After all, the general
purpose of life insurance is to replace income after a
death. Unless the child is a substantial wage earner (like
an entertainment star), no income is lost
if the child dies. Although a child's death does create one
immediate financial problem: funeral expenses.
Isn't it smart to buy insurance now,
while the rates are low?
It's true: life insurance policies for young children
are very inexpensive. But there's a reason for that.
Children's insurance policies are usually for smaller
amounts, like $10,000 and are typically added to the parents
policy in the form of a rider.
Insurance policies for teenagers and young
adults are pretty inexpensive, too. In terms of insurance
costs. As your child ages and you take on added
financial responsibilities in order to provide for their
needs and education your need to have this type of insurance
on your child may also increase.
Isn't it smart to buy insurance now, in
case my child develops a medical condition?
It's a common sentiment: you want to protect your child
now, in case he or she develops a medical condition and
can't buy insurance later. If you believe your child is at
risk to develop a medical condition, buying life insurance
now might ease your mind. If you lose sleep over the
possibility that your child will become uninsurable, then by
all means purchase a life insurance policy now.
What you can do instead
If purchasing Life insurance on
your child is something you are uncomfortable with, consider
this:
To protect your child, you may want to
purchase additional coverage on your own life and/or on your
spouse's life. As wage earners, your death would profoundly
affect your child's financial future. Make sure the coverage
on both parents' lives ensures there will be
enough money for day-to-day living as well as college
expenses, even if something happens to one of you.
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Charity & Life Insurance ▼
Charity
& Life Insurance
Life insurance can be an excellent tool
for charitable giving. Not only does life insurance allow
you to make a substantial gift to charity at relatively
little cost to you, but you and the charity may benefit from
tax rules that apply to gifts of life insurance.
Why use life insurance for charitable
giving?
There are several advantages to giving life insurance to
charity:
Life insurance allows you to make a
much larger gift to charity than you might otherwise be able
to afford:
Although the cost to you (your premiums) is relatively
small, the amount the charity will receive (the death
benefit) can be quite substantial.
The charity is guaranteed to receive
the proceeds of the policy when you die:
As long as you continue to pay the premiums on the life
insurance policy, the charity is guaranteed to receive the
proceeds of the policy when you die. The amount of the death
benefit is fixed (or in the case of cash value insurance,
perhaps even increasing), and is not subject to market
fluctuations or loss of principal. Since life insurance
proceeds paid to a charity are not subject to income and
estate taxes, probate costs, and other expenses, the charity
can count on receiving 100 percent of your gift.
Giving life insurance to charity has
certain income tax benefits:
Depending on how you structure your gift, you may be
able to take an income tax deduction equal to your basis in
the policy or its fair market value, and you may be able to
deduct the premiums you pay for the policy. In addition, an
outright gift of life insurance is typically sheltered from
gift tax by the charitable gift tax deduction, as long as
you're giving a complete interest in the policy.
Giving life insurance to charity has
certain estate tax benefits:
If you're worried about estate taxes, you can structure your
charitable gift of life insurance to meet your needs. For
instance, you can structure your gift so that the proceeds
of the policy are not included in your gross estate. Or, you
can structure your policy so that the amount of the proceeds
payable to the charity can be deducted from your gross
estate.
What are the disadvantages of using
life insurance for charitable giving?
Donating a life insurance policy to charity (or naming the
charity as beneficiary on the policy) means that you have
less wealth to distribute among your heirs when you die.
This may discourage you from making gifts to charity.
However, this problem is relatively simple to solve. Buy
another life insurance policy that will benefit your heirs
instead of a charity.
Ways to give life insurance to charity
Name a charity as beneficiary on your life insurance
policy:
This is the simplest way to use life insurance to give to
charity. You, as owner of the policy, simply designate the
charity as beneficiary. Designating the charity as
beneficiary may allow you to make a larger gift than you
could otherwise afford. If the policy is a form of cash
value life insurance, you still have access to the cash
value of the policy during your lifetime. However, this type
of charitable gift does not provide many of the other tax
benefits of charitable giving because you retain control of
the policy during your life. Upon your death, the proceeds
are included in your gross estate, although the full amount
of the proceeds payable to the charity can be deducted from
your gross estate.
Name a charity as the recipient of
dividends:
Another simple way of making a charitable gift is to assign
the dividends on your existing policy to charity. You, as
owner of the policy, simply make this designation at the
time of application, or at any other time while you own the
policy. By assigning your dividends to charity you are able
to make a charitable gift. You retain control over the
policy and its cash value during your life. You also receive
an income tax deduction as dividends are paid to the
charity. However, this type of charitable gift does not
provide many of the other tax benefits of charitable giving
because you retain total control of the policy. Proceeds are
included in your gross estate, and there's no offsetting
estate tax deduction because the proceeds do not go to
charity.
Donate an existing life insurance
policy to charity:
In order to donate an existing life insurance policy to
charity, you must assign all rights in the policy to the
charity. You must also deliver the policy itself to the
charity. By doing this, you give up all control of the life
insurance policy forever. This strategy provides the full
tax advantages of charitable giving because the transfer of
ownership is irrevocable. You may be able to take an income
tax deduction equal to your basis or its fair market value.
The policy is not included in your gross estate when you
die, unless you die within three years of the transfer. In
this case, your estate would get an offsetting charitable
deduction.
Donate a new life insurance policy to
charity:
In order to use this strategy, you would purchase an
insurance policy, and immediately assign all rights in the
policy to the charity. You would also deliver the policy
itself to the charity. You would pay the premiums and if
structured properly, be able take a charitable deduction for
those premiums. The IRS may treat this transaction as if the
charity itself had purchased the policy on your life. Most
states require the purchaser of a policy to have an
insurable interest in the life of the insured. Since it
would be difficult to prove that a charity has an insurable
interest in your life, your estate could recover the
proceeds from the charity, and any tax benefits you had
received would be reversed. However, if the transfer were
allowed to stand, and the proceeds pass to the charity as
intended, you would be entitled to the full tax advantages
of charitable giving.
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