Beyond Survivorship: Joint Life Solutions for Today's Family Businesses

Addressing the life insurance needs of clients who run small family-owned businesses is challenging. Often, those needs can’t be served by turning to the traditional second-to-die joint life insurance policies that many married couples favor.  In many cases, the surviving spouse is an inactive partner in the business who may need substantial assistance in continuing or liquidating the business, or simply covering living expenses.  While the second-to-die joint policy is still useful, as it provides liquidity for estate tax purposes, it simply does not address the problems of the modern family business.  Adding a first-to-die rider can give your business clients the security they need, so that the business and family finances are protected if the primary business manager is the first to die.

Second-to-Die or “Survivorship” Joint Life Insurance

Typically, a second-to-die joint life insurance policy, or “survivorship policy,” provides insurance on the lives of two people, but the benefits do not pay out until the death of the second insured. The policies are often used by married couples to provide death benefits to their children after the death of the second parent. This provides the children with the liquidity they need to pay estate taxes and other expenses associated with liquidating their parents’ assets.

These policies can be much less expensive than purchasing two separate policies on the parents’ lives, because the insurance company knows that the benefits will likely be paid much later than with a traditional single-person policy.  It also may be easier for a couple to purchase a joint policy if there is a substantial age disparity between the spouses, because the premiums are based on their average age.

While a second-to-die joint insurance policy is usually a better option than purchasing two separate life insurance policies, it may not be the best option for every client. No funds are paid until after both insured parties have died, so it’s an unattractive option for clients who anticipate financial need after the death of the first insured. 

Benefits of a First-to-Die Rider

Modern joint life insurance policies can now solve the problems presented by second-to-die joint life insurance by offering optional first-to-die riders within the second-to-die joint life insurance policy, so that a portion of the proceeds is paid upon the death of the first insured, and the remainder paid after both have died.

For a married couple, a first-to-die rider is useful in two-income families where each spouse relies upon the other for income, or in situations where the surviving spouse may need help paying debts or taxes after the first spouse has died.  If the couple owns a family business, a first-to-die rider may be essential to securing the business if the primary business manager dies first, because it will provide the cash necessary to sustain the company while the surviving spouse determines how (and whether) to continue the business. 

First-to-die riders are also useful in protecting partners in small businesses that are not family owned, and can be much less expensive than a traditional policy if there is an age disparity between business partners because, again, the ages of the two parties are averaged. The riders are especially valuable in buy-sell arrangements—the surviving partners can use the proceeds that are paid pursuant to the first-to-die rider to purchase the decedent’s share of the business from her estate.

Conclusion

Modern life insurance products are evolving to ensure that the specific needs of your client are addressed. The use of a first-to-die rider in connection with a second-to-die joint life insurance policy is just one of the ways in which a policy can be tailored to a client’s individual situation.

For additional coverage of this issue and similar ones, we invite you to sign up with AdvisorOne’s Summit Business Media partner, AdvisorFX, for a free trial.

You may also be interested in signing up for a free trial with another Summit Business Media partner, Tax Facts Online.

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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

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. 

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