Frequently Asked Questions
Regarding Annuity Flexibility
Will
a life threatening injury to the claimant have an impact on the annuity plan?
Annuity policies can be used
in many ways. Can you illustrate some of the uses?
Can
a payee of a structured settlement annuity contract demand that the contract be terminated
and the commuted value of the contract be paid to him or her as a lump sum?
Is
it better to name a specific person as the beneficiary of the guaranteed benefits of the
annuity or the estate of the annuitant?
It is usually better for the estate of the annuitant to be named as
beneficiary of the guaranteed benefits. Such a designation allows the annuitant, through
their last will, to specify one or more beneficiaries or even a testamentary trust. This
allows for very customized estate planning as well as allowing the annuitant to adjust the
beneficiary or beneficiaries over their lifetime. Naming a specific person as the
beneficiary, without requesting permission for future change, creates a more difficult
scenario if the annuitant wishes to change the beneficiary in the future. The owner of the
annuity must be consulted and due consideration given to the fact that the settlement
agreement would not be consistent with the requested change.