A Revolutionary
Fundraising Opportunity -- Life Settlements
Written by: Jolene Fullerton
Amid fundraisers growing concerns about the current
charitable giving climate, dampened by the erratic stock market
and shaky economy, a new fundraising opportunity has emerged
Life Settlements.
What is a Life Settlement? A Life Settlement is the
sale of an existing life insurance policy for a lump sum of
cash that is more than the cash surrender value. A life
insurance policy is property, like a car, house, stocks and
bonds that can be legally sold in accordance with applicable
laws. Through a Life Settlement, a policy owner can realize
value today from an asset that is generally thought to only
have a benefit when the insured passes away.
How can Life Settlements be used in Fundraising? There
are many variations and complex estate and tax planning
strategies that can be employed when utilizing Life Settlements
in a planned giving program. However, in its simplest terms, a
Donor who owns a life insurance policy gives the policy to the
philanthropic organization that in turn immediately sells the
policy for a lump sum of cash through a Life Settlement.
In order for a policy to be eligible for a life
settlement, it must meet the following criteria:
- Insuring an individual over age sixty-five (65) or with
a serious illness
- With a face value of at least $100,000
- Issued over two (2) years ago
Donor Benefits:
- Making a donation to his/her favorite philanthropic
organization without depleting cash reserves or losing
income-producing assets;
-
Getting a tax deduction for the fair market
value (selling price) of the life insurance policy
instead of only the cash surrender value;
-
Being able to see their donation put to use
during their lifetime rather than after their death if
the organization did not utilize a Life Settlement;
-
Eliminating the requirement of continued
premium payments on the policy;
-
Removing a taxable asset from their estate if
the policy was individually held.
Organization Benefits:
Receive a donation from a Donor who may not have
otherwise been in a position to contribute at all;
-
Collect a lump sum of cash today instead of
having to wait for the insureds death to collect the
proceeds;
-
Not having the financial burden of paying
premium payments to keep the policy in force;
-
Providing a valuable option to the Donor that
furthers their tax and estate planning objectives and
invites the opportunity for future/additional
gifts.
-
Improved annual budget forecasting ability
How Does a Life Settlement Work?
Once the Donor is considering gifting a life insurance
policy to the organization, the life insurance policy should be
appraised. Typically, a Life Settlement Broker can determine
its eligibility for a life settlement and will undertake it to
obtain the highest offer for the policy.
The value of a life insurance policy is determined by a
number of factors, including, but not limited to, the age and
medical condition of the insured, type of insurance policy,
rating of the issuing insurance company and amount of premium
payments to keep the life insurance policy in force. Most types
of insurance policies can qualify, including universal, whole
life, and converted term. When a mutually agreed upon price is
determined for the life insurance policy, the organization that
now owns the policy is paid a lump sum in cash, the ownership
and beneficiary rights are transferred to the purchaser. All
future premium payments are the responsibility of the purchaser
and upon the death of the insured, the death benefit is payable
to the purchaser. The cash proceeds from the Life Settlement
may be used by the organization in any way there are no
restrictions regarding the use of the funds. The money may be
invested or spent on current projects. Because some Life
Settlement Brokers offer fundraising support, it makes sense
for organizations to partner with them for their expertise.
Life Settlement Regulations
As of June, 2003, eighteen (18) states have enacted statutes
addressing the sale of life insurance policies insuring
non-terminally or chronically ill individuals and an additional
seventeen (17) states have laws that only regulate the sale of
life insurance policies insuring terminally or chronically ill
individuals. Fifteen (15) states do not regulate the
transaction at all.
Donated Life Insurance Policies
In addition, most philanthropic organizations currently own
life insurance policies that have been donated in the past. If
there is a need for funds sooner rather than later or if the
premium payments are becoming burdensome, the organization can
utilize Life Settlement transactions to sell those policies for
lump sums of cash and put the money to work right away.
Life Settlements are powerful arrows in the quivers of
professional fundraisers
- Generating money for their organizations by encouraging
current gifting of life insurance policies
- Turning already donated life insurance policies into
cash
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The author, Jolene D. Fullerton, practicing
attorney for eighteen (18) years and former
Director and Vice President of the Viatical and
Life Settlement Association of America, the
industrys trade association, is General Counsel for
a leading Life Settlement Broker company, First
Secured Life, LLC located at 1926 Victoria Avenue,
Fort Myers, FL 33901; Telephone: 877-968-7785,
Website: www.firstsecuredlife.com/nonprofit.html
jolene.fullerton@firstsecuredlife.com
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