Life Settlements (cont.)
How Life
Settlements Work
In a life settlement transaction, there is a chain leading from
the seller of the policy to the end buyer of the policy (known as a life
settlement provider.) Each link in the chain has a different
responsibility in facilitating the transaction and ensuring that it
runs smoothly, while outside vendors typically assist the provider
with specialized functions.
Life Settlements
Policy Sellers
Senior citizens who have the greatest chance of selling their
policies generally are over 65 years of age, have a calculated life
expectancy of more than two years, but less than ten years, and may
have experienced a health change that has led to their insurance
premiums increasing. This undesirable scenario, often coupled with
increasing health care and/or nursing home care costs, makes a life
settlement an attractive option to many seniors. There are certain
restrictions for their policies as well - policies must be valued at
$100,000 or more, and depending on the life expectancy determination
of the seller, any and all types of policies can be sold, i.e.;
universal life, whole life, or convertible term contracts.
Financial Advisors
Senior clients often discuss life settlement transactions with
their financial advisors instead of conducting the transaction on
their own, since their advisors are usually much more familiar with
this non-mainstream financial product. Some examples of advisors
that are becoming increasingly involved in the life settlement arena
are:
- Accountants/CPAs
- Attorneys (especially Elder Law Attorneys)
- Financial Planners/CFPs/ChFCs/CFCs
- Estate Planners/CEPs
- Certified Senior Advisors/CSAs
- Charitable Trust Officers
Brokers
The decision to work with a broker is up to the client, since
financial advisors can submit the client's case to the life
settlement provider directly. However, in an industry where market
value for life insurance policies is not common knowledge, brokers
typically do the best job of obtaining fair market value for a
senior citizens policy. By submitting life settlement cases to
multiple providers, they are able to obtain a greater number of bids
overall, and help facilitate negotiations between high bidders. For
a list of qualified, licensed brokers, please visit the LISA
website.
Providers
Life settlement providers are responsible for paying the client a
cash sum greater than the policy's cash surrender value. The top
providers in the industry fund many transactions each year and hold
the seller's policy as a confidential portfolio asset, and do not
make it available to outside investors. They also have in-house
compliance departments to carefully review transactions, give
seminars to both financial professionals and senior citizens about
life settlements, and most importantly, they are backed by
institutional funds from a major bank.
Other Involved
Parties
- Underwriters - Provide life expectancy estimates on the
insured for pricing purposes.
- Funding Sources - Banks that provide institutionally funded
firms with cash for payments.
The Life Insurance
Settlement Association and the Life Settlement Institute
Since the inception of LISA in 1995, the focus has shifted from
primarily viatical settlement firms to life settlement firms. The
primary purpose of this organization is to "promote responsible
legislation and regulation of the industry." This non-profit
organization accepts member firms who comply to ethical standards
and are fully licensed to conduct business in the life settlements
field.
The Life Settlement Institute, a group with similar goals as
LISA, took things a bit further and sought to increase life
insurance and financial professionals' awareness of the industry.
Around this time, professionals began placing articles in trade
publications such as California Broker, Life Insurance Selling,
National Underwriter, Trusts & Estates, etc., further
implementing life settlements as a mainstream financial product.
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