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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