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Return to Professional Judgment |
Proceeds from a Life Insurance Policy
As noted in the section concerning
trust funds, families sometimes will ask for
an asset to be disregarded if it represents the proceeds of a life
insurance policy on the deceased spouse. The usual reasoning is that
the asset's earnings represents a replacement for the income from the
deceased spouse.
If the life insurance policy premiums were paid with after-tax
dollars, the proceeds of the life insurance policy represent untaxed
income. If the payout is for a viatical settlement or an accelerated
death benefit, it may be taxable income. A viatical settlement is not
taxed if the insured is chronically or terminally ill, otherwise it is
taxed.
The following discussion assumes that the payout is in the form of a
lump sum, not an annuity, since the value of an annuity would be
ignored as an asset by need analysis. Only the annual payment from an
annuity would count as untaxed income on worksheet B.
Many financial aid administrators will not make an adjustment to the
asset, because the funds are available to the family to use for any
purpose. Some indicated that they would make an adjustment to the
asset if the surviving parent does not have the ability to earn a
living on his or her own. Some indicated that they would make an
adjustment to the asset if the money were used to buy an annuity that
was placed in an irrevocable trust. No financial aid administrators
would make an adjustment to income.
In the event of a recent death, it is worthwhile to see whether the
surviving spouse would have been required to file a 1040 during the
prior tax year without the deceased spouse's income. If not, then the
financial aid administrator can use professional judgment to use award
year income for the surviving spouse. If the surviving spouse's income
is below the threshold for the simplified needs test, the asset would
be disregarded as a result.
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