Protecting Life Insurance Beneficiaries From a Windfall

Clients who wish to exercise control over how or when their beneficiaries receive assets may be wary of life insurance policies that typically allow the policy beneficiaries to control the method under which death proceeds are distributed. While the usual life insurance policy allows the policy death proceeds to be distributed in a variety of manners, the beneficiary is given the choice of how and when to receive them, whether this decision is in accord with the policy owner’s wishes. A new trend in product offerings may serve to reverse the course of this eventuality by allowing the policy owner to protect the beneficiaries while generating potentially substantial additional benefits under the policy in the process.

Beneficiary-Directed Payment of Death Proceeds

By default, most life insurance policies pay out death proceeds to the policy beneficiary or beneficiaries in one tax-free lump sum distribution. While this is typical, the policy beneficiary usually has the option of receiving the proceeds in installments, whether over a fixed period of time or using a fixed amount that is paid out until the proceeds are depleted.

The death proceeds of a life insurance policy are usually received tax-free by the policy beneficiary, but any interest earned on the proceeds is taxable to the beneficiary upon receipt. Therefore, if the beneficiary chooses to receive the proceeds in installments, she will be responsible for paying taxes on the interest earned while the funds remain with the insurance company. The practical result of this is that most policy beneficiaries will choose to receive the proceeds as a lump sum, whether or not it is in their best overall interest to do so.

Owner-Directed Payment of Death Proceeds

It is common for clients to be wary of leaving their children-beneficiaries with large lump sum cash payments upon their death. They may be worried that these beneficiaries will be unable to successfully manage a windfall inheritance or that they will quickly spend down the assets and be left without sufficient funds. Many clients may simply wish to ensure that their children have the motivation to cultivate a strong work ethic before they come into a large inheritance.

Insurance companies today have begun to realize that policy owners often wish to direct the distribution of death proceeds payable under insurance policies on their own lives. As a result, these companies are offering policies that allow the policy owner—at the time of purchase—to specify how and when the beneficiary will receive the death proceeds. These policies can allow the owner to have the proceeds distributed evenly over a period of time or in a combination of even installments with larger lump sum payouts disbursed at certain intervals.

By initially dictating how beneficiaries will receive the policy proceeds, the owner can ensure that beneficiaries are provided for in the long term, whether or not these beneficiaries would be capable of making financially sound investment decisions.

Further, because the policy proceeds will be stretched over a longer period of time, the risk to the insurance company is reduced: it will no longer be liable for paying a large lump sum at the policy holder’s death. This factor reduces the cost of these life insurance policies in some cases and can allow the owner to invest greater amounts in the policy, potentially resulting in a faster-growing cash value.

It is important that the client realize that the beneficiaries will be liable for taxes on the interest earned over the period of time that the proceeds are controlled by the life insurance company. It is also important to advise clients that the distribution decision is often irrevocable.

To conclude, while not all owners of life insurance policies want to require their beneficiaries to receive death proceeds over a period of time because of the associated tax liability, owner-directed distribution of proceeds may be appealing to clients who have resisted purchasing life insurance for fear of creating a financial windfall for beneficiaries. These policies can give prospective purchasers exactly what they have been looking for: control over exactly how and when their life insurance assets are distributed after death.

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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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