Thursday, August 2, 2012

How Some Life assurance Policies Fail and Leave Grieving Families to Struggle Financially

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Many people own life insurance, but let's face it. It's probably not a purchase that most people brag about to their friends like they might if they had just purchased a new Corvette, but they made the purchase anyway because they love their families and want their family to carry on living their current lifestyle in the event of the primary breadwinner's untimely death. While this record doesn't apply to people who own term insurance, those who bought permanent life insurance, which is life guarnatee with an added savings component, will find this data very important.

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To understand the problem, I will first give you a brief primer on life insurance, and then justify how something that seems like a sure bet can go so wrong. Life guarnatee can be separated in to two basic types, term and permanent life insurance. With term guarnatee a person pays a distinct estimate of money, called a premium, for a duration of time, from one year up to 30 years. During the specified duration of time, as long as the insured person is paying the premium, the guarnatee business is obligated to pay a distinct estimate of money, called a death benefit, to the insured person's beneficiary in the event the insured person dies During that time period. If the person does not die in that time duration the guarnatee business keeps the money as well as the revenue on that money. While there are different types of term guarnatee nowadays, including "return of premium" term which returns the insureds prime dollars at the end of the term(but not the revenue on the money), the general jist of term guarnatee is that a person is covered During a distinct duration of time. If they want coverage beyond that time duration they have to buy someone else policy. Term guarnatee is for real not the focus of this record so if that's what you have you can stop reading now if you wish, and rest assured that as long as you pay the premium, and the guarnatee business remains financially solvent, your family will be paid in the event of your untimely death.

The other type guarnatee is called permanent insurance. Permanent guarnatee is guarnatee that has a death benefit to it, similar to term, but also contains a savings "sidecar", this gives the policy a value called cash value. The premiums are paid on the policy, a portion is pulled to pay for the guarnatee and the remainder goes into the savings sidecar. There are three primary types of permanent guarnatee that vary depending on what is done with the savings component. The first type of permanent guarnatee is Whole Life Insurance. The savings component of Whole Life guarnatee is invested in the general fund of the guarnatee business where it earns interest. The estimate of interest apportioned to a particular personel is depended on how much of the money in the general fund belongs to that individual. Some policies if they are are "participating" policies also earn dividends. Generally speaking whole life policies are not a lapse danger as the amounts that it earns are guaranteed by the guarnatee company. As long as the guarnatee business remains solvent it will pay out a death benefit. The only problems a person who owns a Whole Life policy typically runs into is overpaying for insurance, and the death benefit not holding pace with inflation.

The second type of permanent guarnatee is called Universal Life Insurance. With Universal Life guarnatee the savings sidecar is a separate account, as opposed to Whole Life where the savings sidecar is invested into the general fund of the guarnatee company. Universal Life Insurance's main benefit is it's flexibility. For example, if you are a landscaper in the northeastern part of the country and basically have your winter months off, you could buy a Universal Life policy, fund it heavily During the spring, summer, and fall when you're raking in the big bucks, and then not pay whatever During the winter months. As long as there is a distinct estimate of money in the savings sidecar (based on guarnatee business formulas), nothing needs to be done. Also, if you need added guarnatee because you just had a child, you don't need to buy someone else policy. As long as you are insurable you can growth the death benefit on your current Universal Life guarnatee policy and pay the extra premium. The money in the savings sidecar of a Universal Life guarnatee policy is typically invested in ten year bonds. The Universal Life policy has a guaranteed interest rate to it, as well as a current rate. The money in the sidecar typically earns the slightly higher current rate, but the policy owner is only guranateed the guaranteed amount. Keep this last opinion in your mind because after I enumerate changeable guarnatee in the next paragraph, I'm going to tie these two together in the following paragraph and that final opinion is the thing that's going wrong

The final type of permanent life guarnatee is changeable Life Insurance. It can be either level changeable Life Insurance, or changeable Universal Life Insurance, which combines the versatility of Universal with changeable Life Insurance. changeable guarnatee came about due to the awesome bull store in stocks that ran basically uninterrupted from 1982 straight through 2000. people wanted to spend as much as inherent in the stock store and the opinion of investing money in an guarnatee policy that invested in lower compliance bonds was quite distasteful to many. So the changeable guarnatee policy was built. With changeable Life the savings sidecar can be invested in guarnatee "sub-accounts" which are basically mutual funds within a changeable Life, or changeable Annuity. In fact, many sub-accounts exactly mirror a particular mutual fund, some mutual fund managers manage both their respective fund as well as its sub-account "sister." So with the changeable Life policy buying guarnatee no longer meant leaving the high flying stock market, you could have the best of both worlds by protecting your family And investing in the stock market. As long as the savings in the sidecar was at an enough level things were fine. Again, remember this last line because I'm about to show you how the whole thing goes to pot.

In the heyday of Universal Life guarnatee and changeable Life guarnatee interest rates were high and so was the stock market, and the guarnatee industry had two products that were custom designed to take benefit of the times. The question came about when the agents designing these policies for the public assumed that the high interest rates and high flying stock store would never end. You see, whenever these products are sold, any assumptions have to be made surface of the guaranteed aspect of the policies which is typically about 3-5%, depending on the guarnatee company. The current values are paid out based on the prevailing rates or returns of the time, and that's exactly how the policies were designed. I can still remember when I began in the guarnatee industry back in 1994, when the experienced agents in my office were were writing Universal Life with a hypothetical 10-15% interest rate. changeable Universal would be written anywhere in the middle of 10-20%. Happy days were here to stay. Or were they? Unfortunately, those interest rates started heading south about the mid-1990s, and as we all know, except for a join of years, the stock store didn't do so swell after the 2000 tech bubble, maybe two or three "up" years out of eight and possibly nine. This is a real question because many families' futures were riding on the assumptions that were made in these policies. Many policyowners were told to pay During their working years and then to quit when they retired and the policy would be fine, the returns earned on the savings sidecar would keep the policy in force. There are countless Universal and changeable Life policies in bank and corporate trust accounts, as well as in dresser drawers and fire proof safes that were bought and assumed that as long as the premiums were paid, things were good to go. Many of these policies are sick or dying as we speak. Some people, or trustees will get a notice letting them know that they need to add more money or the policy will lapse, of policy by this time "red line" has already been reached. The people who get this notice may even ignore it because hey, the agent said that all would be well, "pay for 20 years and the family will be taken care of when I meet my maker." So the policy will lapse and nobody will know it till it comes time for the family to regain their money, only to find out that they will meet the same fate as Old mother Hubbard's Dog. If anyone reading this can picture the litigation attorneys licking their chops, waiting to let guarnatee agents and trustees have it with both barrels for negligence, don't worry that onslaught has already begun. But if you have one of these policies, don't count on the 50/50 anticipation of winning a court case, do something about it!

One of the first things I do when I get a new client that has an existing permanent life guarnatee policy is do an "audit" of that policy. Just like the Irs does an audit to find out where the money went, I do an audit to find out where the premiums went. The way this is done is by ordering what is called an "In Force Ledger" on the policy from the guarnatee company. The In Force Ledger will show the status of the policy now under current conditions, as well as any other scenarios paying more or less money. It will also show if the policy is lapsed or will lapse in the future. By doing this audit the policyholder may get something that they didn't have before, Options!

For example, take a 50 year old policyowner, who is also the insured on the policy, and the In Force Ledger showed that the policy, under current condtions is going to lapse when the policyowner is 63 assuming prime payments were going to be kept the same, and stock store conditions were going to stay the same (this was in early 2007 and this policy was a changeable Universal Life, it probably would not have lasted till 63, given what has happened in the stock market.) Since the policyowner is the family breadwinner, they have a 16 year old daughter, and their savings could not retain the wife and daughter in the event of an early death of the breadwinner, either or not to keep the life guarnatee is not even a question, life guarnatee is for real needed in this case. Now the next examine is, does he keep on paying on a policy that is going to lapse or write a new one? For that I go to some business company at an guarnatee brokerage I work with, and find out how we can get a new policy without a huge growth in premium, in some cases the it is inherent to get an growth in death benefit and a decrease in premium. How can this be done since the policyholder is older than when the policy is written? Easy. With the advances in treatment in the middle of 1980 and 2000 (the years the mortality tables used were written), people are living longer, conditions that used to cause death such as cancer, people are surviving and even live general lives after the cancer is eliminated. It used to be you either smoked or you didn't. Now allowances are made for heavy smokers, public smokers, snuff users, cigar smokers etc. One business will even allow mild cannabis use. So in some cases your policy may not be lapsing, but a person may be overpaying even though they are older. Maybe they smoked socially then, but quit 5 years ago, but their policy still has them listed as a smoker paying the same prime as person that smoked like a chimney. What happens if the clarification that makes the most sense is a new policy? We do what is called a 1035 exchange into a new policy, that allows the cash value of the current policy to be transferred to the new one without being taxed. What if the insured doesn't want someone else life guarnatee policy but wants to get out of the one they are currently in and not pay taxes? Then we do a 1035 exchange to an annuity, either changeable or fixed. I'm currently using a no-load annuity that works great and the expenses are low. Is a 1035 exchange right in every situation? for real Not! Many things must be explored before making the exchange, especially on a policy written before 1988 when the tax law on guarnatee policies changed for the worse, in the above example it proved to be the definite move, but in the end it's up to the policyowner and family as to what direction to go.

In conclusion, if you have a permanent life guarnatee policy that is 5 years old or older, make sure you have it audited. The cost (nothing), versus the benefit (a family that doesn't have financial worries in their time of grief) makes this decision a no-brainer.

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