Who Should I Name As My Life Insurance Beneficiary?

Naming a life insurance beneficiary is a big decision, but it boils down to one main question: Who would suffer financially if you were no longer here?

There isn't a single "right" answer, but there are a few standard paths depending on your situation, along with a couple of critical legal traps you'll want to avoid.

Common Options to Consider

• A Spouse or Partner: This is the most common choice. The payout is typically used to replace your income, pay off a mortgage, or cover daily living expenses for the surviving partner.

• Adult Children: If your kids are grown, naming them ensures they receive the financial support directly. You can split the benefit equally among them.

• An Aging Parent or Dependent Relative: If you provide financial care for a parent or a sibling with special needs, naming them can ensure their ongoing care is funded.

• A Trust: If you want to control how and when the money is spent (for example, keeping it in a trust until a child turns 25), you can name a legal trust as the beneficiary.

• A Business Partner: Often used in "Buy-Sell agreements," this allows a surviving partner the cash needed to buy out your share of a business from your heirs.

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Critical Traps to Avoid

1. Never Name Minor Children Directly

Insurance companies legally cannot write a check to a minor. If you name a young child, the court will get involved to appoint a guardian to manage the money until they turn 18 or 21. This process is expensive, slow, and stressful. Instead, name a trust or an adult custodian under the UTMA (Uniform Transfers to Minors Act).

2. Forgetting a "Contingent" Beneficiary

Always name a backup (contingent) beneficiary. If your primary beneficiary passes away before or at the same time as you, and you don't have a backup, the money defaults to your estate. This means it has to go through probate court, can be taxed, and can be claimed by creditors.

3. Naming Your "Estate"

It sounds like a safe catch-all, but naming your estate subjects the life insurance payout to the probate process. One of the best features of life insurance is that it usually bypasses probate and goes straight to your loved ones tax-free within weeks. Naming the estate ties that money up in court for months.

Don't Forget to Keep It Updated

Major life changes—like marriage, divorce, having a child, or starting a business—are a signal to review your policy. Keep in mind that a will does not override a life insurance policy. Whoever is named on that insurance document will get the money, regardless of what your will says.

Let us help you protect your family and your business. Click here to schedule a call. 

Chris Castanes is the president of Surf Financial Brokers, helping people find affordable life and disability insurance coverage. He's also is a professional speaker helping sales people be more productive and efficient and has spoken to professional and civic organizations throughout the Southeast. Please subscribe to this blog!

What Is The Slayer Rule?

In a previous post from 2021 I discussed occasions when a life insurance policy wouldn't pay out. One example I briefly mentioned was the "slayer rule" or "slayer statutes", which prevents anyone from benefiting from murdering you, if they are suspected of murder or plotting to murder you. 

I had a few questions (off the record, nudge nudge, wink wink) and I thought it was an interesting topic, so here's a bit more information.

1. Each state has its own version of Slayer Statutes.
2. The rule applies even if there is no conviction.
3. Even the suspicion of murder can disqualify your beneficiary from receiving life insurance proceeds or any other part of your estate.
4. The disqualified beneficiary's proceeds can be distributed to other beneficiaries or the estate. 

The bottom line here is that you should trust your beneficiaries to care more about you than any monetary proceeds that would come at your passing.

Chris Castanes is the president of Surf Financial Brokers, helping people find affordable life and disability insurance coverage. He's also is a professional speaker helping sales people be more productive and efficient and has spoken to professional and civic organizations throughout the Southeast. And please subscribe to this blog!

5 Ways To Help Your Family From Beyond The Grave 2023

As an insurance agent I have come across a wide variety of opinions when it comes to people discussing their own deaths. I am constantly amazed at how people will open up with me so quickly. Maybe they trust an insurance agent more than their own family members.

Some of these folks believe they are heading into the afterlife, one way or another, while more than you would expect seem to feel that there is nothing after you die. But with all of these differing opinions, most do agree that their loved ones will still be around when they are gone and may have to pay some expensive bills as a result of their death.  

And here is the rub. If we agree that there will be some costs involved when we go to our great reward, shouldn't we try to minimize those costs ahead of time? Wouldn't it be in the best interest of our surviving family members? It seems like common sense to say "yes". Especially when we know that no one lives forever.

So what can you do to make sure your family doesn't go broke paying their last respects to you? Here are a few ideas of simple tasks that don't need to be put off any longer.

1. Have a will. Your will directs the courts to help settle your estate per your wishes. It's very important to keep it updated every few years as your situation changes. And most importantly, make sure your family members know where to find it. Is your will in a safe, or a file at your attorney's office? And never leave it in a safe deposit box unless other family members have a key. 
2. Have a living will. If you were seriously ill, would you want to be on life support or would you rather have the medical staff "pull the plug"? Your directives can keep your family from keeping you on life support when you would rather pass away.
3. Have a life insurance policy. As an attorney friend of mine always says, "A life insurance policy trumps a will." You don't have to wait for someone's estate to be settled because a life insurance policy is a binding contract between you and your insurance company. Remember that when someone dies, the funeral home, lawyer and others will have their hand out waiting to be paid. Your life insurance agent will be the one bringing you a check to pay those bills. 
4. Pre-plan your funeral. Instead of your kids picking out a Cadillac coffin, you can decide for yourself how modest you want your funeral to be. 
5. Pre-pay your funeral. My own father did pre-plan but didn't pre-pay. From the time he had planned his funeral to the time he actually passed away, inflation had done some damage. The funeral director shook his head and said, "I'll do the best I can on these prices", and I could tell it wasn't the first time he had run into this situation. 

This list may seem daunting, but it doesn't have to be. The first two items and the last two items can be taken care of at the same time. Having a plan and letting your family know what it is can save them substantial money and they will know that, even in death, you are looking out for their best interest.  

Chris Castanes is the president of Surf Financial Brokers, helping people find affordable life, disability, long term care, cancer, accident and other insurance coverages in North Carolina, South Carolina, Virginia, Tennessee and Georgia. He's also is a professional speaker helping sales people be more productive and efficient, and has spoken to professional and civic organizations throughout the Southeast. And please subscribe to this blog!

Who Are The 3 People On A Life Insurance Policy?

For most of us, buying a life insurance policy is a simple concept. We decide how much coverage we need, apply for the policy and name a beneficiary, who will receive the face amount when we die. But what if you have strange or unusual circumstances as to who the insured person is but someone else is paying for the policy?

There are three "people" involved in the purchase, not counting the agent of course. They are as follows:

1. The insured. This is the person whose life is being insured. When they die the policy pays out. The insured is the one who may have to go through a paramed exam, along with their medical records being looked at by the insurance company's underwriter. 

2. The beneficiary. This is the person who, as mentioned previously, receives the money at the time of the insured's death. You can name more than one beneficiary and the money will be divided by percentages. For example, Bill may get 40%, Joe may get 20% and Mary, who is obviously the favorite, will get 60%. 

It's important to keep your beneficiaries up to date. If you need to change a beneficiary, it is usually a simple process of calling the insurance company and having them send you a form. It can be done at any time. 

3. The payor/owner. These payor and owner are usually the same person, and in the vast majority of cases, the payor is the insured as well. However, on certain occasions, the owner may be a third party, like an employer. In these cases, the employer may offer to buy a policy on an employee as a perk with the employee's family as the beneficiary. 

Another example is when a parent takes out a policy on a small child. The parent is the owner, but when the child grows up and is a responsible adult, the parent can transfer ownership of the policy to the adult child, who now can pay the bill each month and change the beneficiary to their spouse or children. 

As you can see, the owner of the policy is in control of the policy. This allows them to make decisions with the cash value if the life insurance is a permanent policy, like whole life or universal life.

A few years ago I was working with a client who wanted to take out a policy on himself and leave the money to his church. Knowing that this was a version of a charitable donation, he thought he could just write off the premiums, but after doing a bit of research, we found out that the IRS frowned on this practice. 

We found a workaround, though, by changing the ownership of the policy to the church, with the client as the insured. The bill for the annual premium would go to the church, who would contact the client. The client would cut a check for the amount of the premium as a "donation" to the church, which the church would use to remit the premium payment. The insured could then deduct the donation as a gift. Everyone was happy.

Knowing who is the insured, owner and beneficiary of your life insurance policy is important and, as you can see, they can move around from time to time. If you have questions, drop us a note in the comments section. In the meantime, stay healthy!

Chris Castanes is the president of Surf Financial Brokers, helping people find affordable life, disability, long term care, cancer, accident and other insurance coverages in North Carolina, South Carolina, Virginia, Tennessee and Georgia. He's also is a professional speaker helping sales people be more productive and efficient and has spoken to professional and civic organizations throughout the Southeast. And please subscribe to this blog!

Can I Take Out A Life Insurance Policy On Someone Else?

Every once in a while I will be having a conversation with someone who wants to know if it is possible to insure someone else, like an acquaintance. When this happens I don't really know if they are kidding or not, but I ask if there is some sort of relationship there between the two of them. Usually the answer is "no, you can't" which seems simple enough but people ask why.

Can you imagine the madness that would ensue if people just went around insuring the lives of people they didn't know but "looked sick"? And if insurance companies had to pay those claims they would be out of business quickly. 

There are some guidelines (and reasons for them) when it comes to insuring other people. One of the basic rules for this is that there must be an insurance interest. In other words, before you take out a policy on someone else, you must have a relationship, either familial, personal or financial, with that person. Of course we can take out a policy on a spouse or child, as people do that all the time.

And if you borrow money from a financial institution or an individual, they may require a policy to secure the loan. That is considered acceptable as well. 

Another piece of this is that most states forbid insuring someone over the age of 16 without their knowledge.  But if the insured is over 16 they must sign a form acknowledging they are being covered. This rule applies even if the insured is your 18 year old child.

Back in the old days big companies would buy life insurance policies on all of the employees, with the company being the beneficiary. The thought process was that if the employee died there would be "transition costs" associated with finding a replacement. These Corporate Owned Life Insurance (COLI) policies became controversial when family's in need began learning that the death of their loved one was profitable to their deceased loved one's employer.

The issues arose (as well as lawsuits) when the insureds were no longer in the employ of the company. At that point, any insurable interest went out the window. In the early 2000's several of these types of legal issues got some news publicity which shined a light on how many large corporate companies were secretly adding to their bottom lines.

Nowadays, COLI's are still used, but not covering every employee, including the janitor. (They were actually called "janitor policies" because of this). More often than not, COLI's are used to cover the lives of the top brass, like the board of directors or top executives, who are supposedly fully aware of the policy. I have even heard that the beneficiaries of the policies are split among the company and family members. That sounds much fairer.

With all of that said, here is a short list of people you can insure:

• Family. When the life insurance agent asks what your relationship is to the insured, immediate family is a no-brainer. Be aware that there are limits on insuring children but otherwise you should be okay.
• Former family. As in ex-spouses. If there are children involved the court may order that you maintain a life insurance on your former spouse to help with expenses if the former spouse should die.
• Parents. Yes, they are family but they may have let their life insurance policy lapse or expire and a final expense plan may be the best answer.
• Business partner. Buy/sell agreements are usually written up between business partners to help ease with the transition of responsibilities when one of the partners dies. These agreements are usually funded by a life insurance policy so one partner can buy out the deceased partners ownership. 
• Key employees. Key employees are the ones who contribute significantly to the business or may have some highly specialized skill. These people are difficult to replace and if they die unexpectedly the company could take a financial hit.

If you have any questions about any of these scenarios, ask your agent or drop us a note in the comments. In the meantime, stay healthy!

Chris Castanes is the president of Surf Financial Brokers, helping people find affordable life, disability, long term care, cancer, accident and other insurance coverages in North Carolina, South Carolina, Virginia, Tennessee and Georgia. He's also is a professional speaker helping sales people be more productive and efficient and has spoken to professional and civic organizations throughout the Southeast. And please subscribe to this blog!

Why Should I Update My Beneficiaries?

As I mentioned a few weeks back, updating your beneficiaries on your policies is an important part of owning life insurance. How often you should do these updates is up to you, but in a perfect world we would have a reminder.

When we change our clocks those two nights of the year, we're also reminded to check the batteries in our smoke detectors. What a great way to take care of the important task that could save the lives of your loved ones. And doing the "maintenance" on your life insurance policy is just as important to your family.

I recommend you pick a day, say Independence Day for instance, to review your life policies. By taking a few minutes you may realize that your the person you originally chose to get your death benefit is no longer in the picture. As our lives change from marriage, divorce and death, so do the people and situations that can impact your family upon your death.

My father passed away last year and we eventually found a few life policies. Unfortunately, none of the beneficiaries were up to date, leaving us in a position where the insurance company had to  pay the benefits into my dad's estate, instead of paying directly to his heirs.

One of the advantages of life insurance over leaving directives in a will is that the policy is a contract in the eyes of the law, thus taking precedent over a will. However, if the beneficiaries have predeceased the insured, you may have to wait for those proceeds.

While checking your life insurance policies, you may as well check all of your other policies as well. Many non-life policies also have beneficiaries that you may have forgotten about. Have a cancer plan through work? It's probably got a beneficiary. These types of policies, called worksite, voluntary or ancillary products, pay you a benefit directly, but if you die in the middle of medical treatments, the policy will pay any leftover proceeds to whomever you name.

I had a client in North Carolina who was in an accident and was eligible for benefits as he was in the hospital. Unfortunately he died a few days later and his family didn't realize there was an accidental death benefit until I mentioned it to them. The policy also paid his beneficiary for the other benefits while he was receiving treatment.

Just like you do maintenance on your car or home, take the time to do a quick check up on your policies, or ask us to take a look at them for you with no obligation. In the meantime, please stay healthy.

Chris Castanes is the president of Surf Financial Brokers, helping people find affordable life and disability insurance coverage. He's also is a professional speaker helping sales people be more productive and efficient and has spoken to professional and civic organizations throughout the Southeast. And please subscribe to this blog!

Is Selling Insurance Hard? Pt 2

In the previous post I went over a few facets of what makes selling insurance, life insurance in particular, a difficult job. There is a hesitancy from people to purchase something they know they need, but generally speaking, do not want to purchase. In essence, asking someone to add to their monthly bills to protect their family from financial ruin is a hard job.

One of the many objections agents get when selling life insurance goes something like this. "I want to talk to the wife (or my husband, partner, significant other) before making a decision. I may need a few weeks." Where do I begin?

First, I have rarely met a spouse who did not want to be named a beneficiary on a life insurance policy. And by "rarely", I mean never. As a smart agent once proclaimed, "Wives hate life insurance but widows love it." 

A few years ago I met a woman who was in dire financial straits. Her husband had left his well paying job to start his own business. In doing so, he borrowed some money to get his business off the ground. The wife was fully aware of the situation and insisted he purchase a life insurance policy to cover the debts he had incurred if he were to die unexpectedly. He told he would "get around to it." 

After a few months went by, he told his wife that he had bought a policy. She never saw the paperwork or a policy but assumed that he was telling the truth. Not long after, the husband was clearing out some trees near their home when a log fell on him, crushing him to death. 

You can figure the rest out. There was no policy. She couldn't afford to repay the debt and lost her home. She was forced to take a small apartment and, even though she had been out of the job market for a long time, had to take a job as a teacher's aide in a high school. When I spoke with her she broke down in tears several times from the stress that could have been avoided if her husband had just purchased that policy.

When someone says they'll get around to it later, I share that story with them. And I make sure that their spouse or significant other is present to hear it as well. 

The other objection I deal with is "I need a few weeks to think it over". The logic is that if I have a few weeks to think rationally I will decide if I need a policy. This is one of the most ridiculous things I have ever heard. Did they need a few weeks to decide on the purchase of a TV, cell phone or clothing? Or how much time did it take to decide to drop $7 on coffee, which they do often? 

Imagine someone dropping $50 each month on coffee but not wanting to spend $35 to protect their family. As stated previously, the priorities are all out of whack.

So when the prospect claims they need a few weeks, I let them know that the insurance company will also need a few weeks to decide if they will approve them and what the rate will be. I will encourage them to start an application which can be submitted with no money. "That way the underwriting process can begin and a paramed exam can be completed in the meantime. And by the way, we pay for the exam as well, so you won't have to pay anything until the insurance company has done their due diligence. And that process could take a few weeks," I say. "So while you're thinking it over, so is the company."

People think of insurance agents as being high pressure sometimes. Personally, I feel that the vast majority of agents are trying to do the best thing for their clients and sometimes that requires "good pressure". And in the end, the beneficiaries of that policy are thankful for the agent's work. 

Chris Castanes is the president of Surf Financial Brokers, helping people find affordable life and disability insurance coverage. He's also is a professional speaker helping sales people be more productive and efficient and has spoken to professional and civic organizations throughout the Southeast. And please subscribe to this blog!

Does Getting the Covid Vaccine Affect Life Insurance?

A wise man once said something to the effect of "I don't care what you believe, just don't tell me I have to believe it too." In today's world we are bombarded by misinformation from all multiple groups with differing agendas. 

It seems that there is a group of anti-vaxxers who are spreading "non-truths" on social media regarding the Covid vaccine. Their whopper of a lie is that if you get the vaccination and die somewhere down the road, the insurance company won't pay the claim because the vaccine is considered "experimental". Nothing could be farther from the truth.

According to the American Council of Life Insurers (ACLI), life insurance policies have not changed and getting the shot will not change whether a policy will pay out in the event of death. 

The stories are being circulated on social media platforms like TikTok, Facebook and Twitter. One such post read like this:

"I just spoke with my insurance company because I was curious that if I got the vaccine for Covid and passed away from complications, would my life insurance be valid? Well, guess what?? They confirmed they would not pay out my policy because the vaccine is experimental. Wake up!!!" posted on Facebook.

A video on TikTok encouraged people to call their life insurance company to verify they would have coverage. The ACLI has tried to be proactive in fighting back this kind of information, while handling a huge increase in phone calls regarding the matter. 

Getting the shot could affect life insurance, but not in the way mentioned in the posts. Actually, if enough people get the vaccine, it could limit any life insurance rate increases that could have resulted from the Covid deaths.

"Only if the vaccine itself increased mortality would you expect it to increase life insurance premiums. and there is no evidence of that so far," said W. Bruce Vogel, an associate professor in the Division of Health Outcomes and Implementation Science at the University of Florida. He continued, "The fact that the vaccine is being given so widely suggest at least an implicit finding by the FDA that the potential rewards outweigh the risk."

Even local officials are having to combat this flow of misinformation. In Oklahoma, Insurance Commissioner Glen Mulready, had to issue a statement confirming that Covid vaccinations would not affect life insurance policies. 

"This simply not true," said Mr. Mulready. "Whether it's Phizer, Moderna or the Johnson and Johnson, these vaccines received Emergency Use Authorizations after the Food and Drug Administration determined their safety and efficacy. I assure you that getting a Covid-19 vaccine will not affect your life insurance benefits."

Of course Mr. Mulready encouraged the residents of Oklahoma to contact their insurance carriers if they have doubts. 

The main question in all of this is why people go to the lengths of perpetuate this kind of misinformation. As I stated earlier, people have agendas which may or may not be steeped in fact. Years ago a study was released stating that children's' immunizations were the causes of autism, and many people refused to have their small children vaccinated as a result.  Even when the study, which consisted of a very small number of children, was proven to be false, many parents continue to cite it as their main reason. 

As they say, "you can un-ring that bell." 

So now we are in a situation where many people are suspicious of the Covid vaccine because they feel that it has been "rushed to market". The fact is that most of the labs had broken the virus down gnomically within a few days of getting samples, which means that they were months or years ahead of schedule by using medical advances like RNA testing. And they were able to develop vaccines quickly based on data that came faster than normal.

More importantly, suggesting that the vaccine could affect your life insurance (or any other insurance) is blatantly wrong. My suggestion for those folks that have read this kind of garbage need to find the sources and block them immediately. These "news" sources are more about fear and propaganda than giving accurate information. 

If you have concerns, feel free to reach out to your agent or the carrier directly. In the meantime, please stay healthy.

Chris Castanes is the president of Surf Financial Brokers, helping people find affordable life and disability insurance coverage. He's also is a professional speaker helping sales people be more productive and efficient and has spoken to professional and civic organizations throughout the Southeast. And please subscribe to this blog!