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The Back Office

Updated: July 8th, 2008 05:26 PM GMT-05:00

Cashing Out

Rhona Sacks, JD, MBA, CLU
Legal Life Settlements

Historically, exiting entrepreneurs faced limited disposition options when their changing needs rendered their business life policies unnecessary: allowing the policy to lapse, thereby forfeiting the value of all premiums paid or surrendering the policy to the original insurance carrier for its cash surrender value, an amount which doesn't reflect its true value.

Today, there is another option. You can use an innovative asset optimization technique - a life settlement - to convert the hidden value in qualified business life insurance contracts to significant immediate cash, providing a much higher return on your investment.

What is a life settlement?
A life settlement is the sale of a life insurance policy to an institutional investor for a cash payment that is greater than the policy's cash surrender value. The platform for the life settlement industry was created in 1911 by virtue of Grigsby v. Russell3. In this seminal case, the U.S. Supreme Court declared insurance policies to be personal property and freely assignable, thereby granting a policyholder the right to transfer ownership to others.

With a life settlement, when your no longer needed term or cash value business life policies are sold for the highest quality institutional offer, you receive a lump-sum cash payment which can be used for any purpose, including facilitating the sale of your company for the desired price and on favorable terms.

An Entrepreneurial Tale
Three business partners, ages 66, 68 and 70, were the principals of a successful company. To fund a cross-purchase buy/sell agreement, each partner owned two $3,000,000 term policies (no cash surrender value) on the lives of the other partners. Seeking to sell their firm, these entrepreneurs received no offers that they felt were adequate for achieving their retirement and legacy goals. Unfortunately, their legal, financial and business advisors were unaware of the enormous value hidden within these business term policies, believing that they were worthless due to having -0- cash redemption value.

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Reader Comments
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Veterans dependents Agent Orange claims
(03/29/09 - 04:12 PM)

Great read.. Thank you for placing your wisdom where some can read it. I was trying to angle this into my families life... where the ruling/ decision has not been made in death of military persons exposed to Agent Orange. The claims have not been decided as YET... Haas v Nicholas is one such delay tactic .
In the event of my mothers death could/ should the monies that her estate should have been receiving during her life time be considered an asset/property.? Especially since the govnt and Monsanto company deliberately and with disregard exposed our military persons and now way lay the process of payment/compensation. Just a thought for you to consider! Take care, Janet Croxton Brown

Janet Brown


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