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If you pay for your group life insurance through your employer on a pretax basis and name your husband as beneficiary are the proceeds taxable because you paid for the benefit with pretax dollars?
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What does a beneficiary do with a life insurance check?
In most cases, the beneficiary has no specific responsibility to do something with a life insurance payout. However, you should be careful to retain a portion of it to cover taxes that might result because of the income. Additionally, if the recipient of the proceeds gets it on behalf of another person (for example, a parent on behalf of a child), the recipient has a fiduciary duty to hold/use the funds in trust and for the best interests of the intended beneficiary.
Can a life insurance agent sell insurance to his spouse?
In general he can. The fact that they are married does not, in itself, prevent the transaction. The agent can also be named as the beneficiary. The spouse has an "insurable interest" in the life of the other spouse due to "love and affection". It is important, though, that the insured spouse change the beneficiary in the event of divorce, unless he/she wishes the ex to nonetheless get the proceeds. This is because in general, an insurable interest must exist only at the inception of the policy.
Are there taxes on life insurance?
The death benefit on a life insurance policy is not taxable for federal income tax purposes. However, the death benefit becomes included in the estate calculations of the deceased. So, depending on the estate tax laws in affect at the time of death, there may be estate taxes on the death benefit proceeds of the life insurance policy (but not income taxes). Here's an example. If you are the beneficiary of a death benefit of $500k from your parent and your parent has no other assets, then there would likely be no taxes on the proceeds. If you are the beneficiary of a death benefit of $500k from your parent and your parent has more assets than the Federal estate tax exclusions in effect at time of death, then perhaps the $500k will have estate taxes due as part of the estate. This is because the addition of the policy proceeds to whatever else comprosed the estate may take the estate value over the limit such that taxes will be payable on it. This was a simple example, and there are certainly many other possibilities and scenarios.
Why is it important to have insurance?
Insurance is important because it is designed to pay various types of claims depending on the type of policy that applies. Important types of insurance typically include policies that are purchased for an automobile, a home and those provided by an employer, such as a group health insurance policy.
If life insurance is considered part of an estate is that money used for medical bills and debt?
Life insurance is not considered part of an estate and is not available to pay the decedent's bills and debts. Even if there is no money whatsoever to pay bills, the insurance is not part of the estate. The only exception would be if there were no existing named beneficiaries or if the policy is payable to the estate. But even there, keep in mind that it isn't the "insurance" money that is now available to pay the debts. It is "estate" money, because the proceeds were payable to the estate. The Federal government will include life insurance proceeds as part of the gross estate for federal estate tax purposes, but that does not mean they are actually part of the estate.
How do you handle life insurance in an estate without a will?
With life insurance, it does not matter if there is or is not a will, because life insurance proceeds are paid directly to the named beneficiary and not to the estate. The named beneficiary obtains a certified death certificate and submits it to the insurance company with the appropriate application form provided by the insurance company. The estate has no rights to the proceeds and would not even be paid to the estate. The only way the estate would be involved is if all named beneficiaries had predeceased the decedent or if the policy names the estate as the beneficiary. In that case, one of the heirs as defined in that state's laws would apply to be the administrator (if there is no will) or executor (if there is a will) and receive the proceeds.
Who receives the money from life insurance if the beneficiary is deceased the insured or the heirs and there is no contingent beneficiary named?
If there is no living beneficiary when the insured dies then payment of proceeds from a life insurance policy would be paid to the estate of the insured. If the insured had a will then the will provides who receives payment of estate assets. If no will is present then state law will provide how and to whom the assets are paid to. If the estate is very large then estate tax could be due on some of the proceeds of the life insurance policy because they become assets of the estate.
Your husband died and had no beneficiary on his life insurance policy how do you collect the money?
You may need to be appointed the fiduciary of his estate because the proceeds will be paid to the estate. You should contact the insurance company for their policy regarding a situation such as yours.
What does a beneficiary do with a life insurance check?
In most cases, the beneficiary has no specific responsibility to do something with a life insurance payout. However, you should be careful to retain a portion of it to cover taxes that might result because of the income. Additionally, if the recipient of the proceeds gets it on behalf of another person (for example, a parent on behalf of a child), the recipient has a fiduciary duty to hold/use the funds in trust and for the best interests of the intended beneficiary.
You have life insurance from a deceased parent and didn't claim on taxes because told didn't have to then was audited and had to pay. do you have to pay tax on life insurance was the audit correct?
In almost all cases (the exceptions being things involving life insurance as part of executive savings and compensation plans, and other specialized things)...LIFE INSURANCE proceeds are not taxable to the beneficiary. The IRS agent is wrong. Dispute it. It's a basic thing, and he'll be corrected quickly.Now understand, (a common error made by many), if the beneficiary was the estate of the deceased - the person themselves - (which generally doesn't have much tax considerations anyway, and you got it through the estate....then YOU weren't the beneficiary of the insurance. By the same token, you weren't paid insurance proceeds, but an inheritance..and that probably isn't entirely taxable at least.Below from the IRS own guidelines:4.9 Interest/Dividends/Other Types of Income: Life Insurance & Disability Insurance Proceeds Are proceeds paid under a life insurance contract taxable and do they have to be reported as income? Generally, if you receive the proceeds under a life insurance contract because of the death of the insured person the benefits are not taxable income and do not have to be reported. Any interest you receive would be taxable and would need to be reported just like any other interest received. However, if the policy was transferred to you for valuable consideration, the exclusion for the proceeds is limited to the sum of the consideration you paid, additional premiums you paid, and certain other amounts. There are some exceptions to this rule.
If someone dies with 10K in credit card debt and no assets but has life insurance does the credit company get the insurance or does it go to the beneficiary?
Death benefits are generally not subject to attachment for creditor debt. States establish laws concerning property that is exempted from creditor seizure. Without knowing the state of residency it is not possible to be more specific. You can find out what property is exempt under the laws of the state where the person lives by searching "asset exemptions". (Example: Florida asset exemptions). In many states the proceeds of life insurance are not part of the estate because they are proceeds of a contract to pay a third-party beneficiary, which promise of payment vests upon the death of the insured, so the insured (and the estate) do not receive any benefit. Since the estate has no beneficial interest in the proceeds of the insurance, the creditors would have no claim for this money (unless, perhaps, a surviving community property spouse is the beneficiary).
How can insured amends his insurance policy without the consent of his irrevocable beneficiary?
The insured can never amend his insurance policy without the consent of his irrevocable beneficiary because this act would lessen or diminish what is due to the irrevocable beneficiary and thus considering that this is a diminution...consent of the IR beneficiary is necessary.
Who collects the life insurance if the policy holder and beneficiary have died?
If the beneficiary of a policy has died, the estate of the beneficiary can still collect the insurance payment, assuming that the beneficiary does have an heir or heirs of some kind (as most people do). Note that this is a fairly unusual situation, because normally when a beneficiary dies, a new beneficiary is named. There is no reason to allow the policy to have no living beneficiary, unless the insured and the beneficiary happen to die at about the same time, and there is no time to name a new beneficiary.
Can a life insurance agent sell insurance to his spouse?
In general he can. The fact that they are married does not, in itself, prevent the transaction. The agent can also be named as the beneficiary. The spouse has an "insurable interest" in the life of the other spouse due to "love and affection". It is important, though, that the insured spouse change the beneficiary in the event of divorce, unless he/she wishes the ex to nonetheless get the proceeds. This is because in general, an insurable interest must exist only at the inception of the policy.
If a parent abandons you then dies without a will and the divorce settlement says you should be the beneficiary on the life insurance but you are not do you have the right to the life insurance money?
No, you have no entitlement to the money. Because a life insurance policy is a contract the only legitimate way to change a beneficiary is by amending the contract. This could have been easily done by her obtaining a "Change of beneficiary" form and assigning you as the primary beneficiary. Where that did not happen, you have no right to any of the life insurance money regardless of what the will says.A Different PerspectiveYou should consult with an attorney if there is any considerable amount of money involved. You may be able to bring a suit in a court of equity. If the decedent died without naming a beneficiary you may be able to reach the proceeds using the divorce settlement agreement as evidence. An attorney could review the situation and explain your options, if any.
If an executor sells property that was left to particular heirs who gets the proceeds?
This will depend on whether the estate is solvent or insolvent. In a solvent estate, when a specifically devised asset is sold, the proceeds of the sale go to the named beneficiary. This assumes that the beneficiary consents to the sale of the asset, because a specifically devised asset must be given to that beneficiary unless that beneficiary consents. An executor who sells such an asset without consent could be sued for damages. In an insolvent estate, if specifically devised property is sold because there is not enough cash in the estate to pay all debts, then some or all of the proceeds of sale will go into the estate to pay those debts, with any remaining amount, if any, going to the named beneficiary.
If there are two beneficiaries and one dies previous to the insured do proceeds go to the surviving beneficiary or half to the dead beneficiary's heirs?
There is no single answer to your question because the facts may be different in different cases. First, the insured should change the beneficiary designation if a named beneficiary dies before the insured's death. That will avoid problems later.A beneficiary designation may include additional instructions when two or more beneficiaries are named. First, the insured can name "contingent" beneficiaries who will take a deceased beneficiaries share- on any life insurance policy. Second, the beneficiaries may be named as beneficiaries "per stirpes" or as "joint with the right of survivorship" where if one dies their share passes to the survivor.You need to check the designations on the particular insurance policy, the policies of the particular insurance company and the laws in your jurisdiction.
