Should you sell your settlement?

What will you do when someone approaches you to purchase your structured settlement from a personal injury?

Selling Your Settlement

What is your settlement worth?

Structured settlement pay-ments, annuity payments and prize winnings paid in the future can be accelerated via court order transfer for a lump sum of cash today...read more

Know the tax rules

The tax rules are different for sales of court settlements and for other types of sales. For example, the seller of a court ordered annuity generally is not taxed. However, the seller of life insurance in a life settlement will pay taxes on a portion of the sale proceeds...read more

Selling Your Annuity for Cash

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When you're getting monthly payments but need some cash now, selling some or all of those future payments might be the way to go.

 

Why might you want to sell annuity payments? After all, by getting a guaranteed payment spread over several years or even the rest of your lifetime, is a good foundation for financial security.

 

Most people in fact are more used to getting regular periodic payments, in the form of a paycheck. We use the monthly amount to meet our monthly commitments like living expenses, mortgage payments and so on. Others receive monthly checks for social security, or other government benefits. Relatively few of us have large amounts of money to invest and protect at any one time.

 

Looking at this another way, many people are not used to receiving large sums of money all at once, as may happen with an injury claim or a lottery win. If we accept the full amount up front, the money could be gone quickly unless its managed properly.

 

That's why annuity payments often make sense. They are like salary...paid regularly and in fairly modest amounts although it adds up over time. We are generally able to use those smaller payments wisely, and not spend money before we have it.

 

If receiving annuity payments makes so much sense, then why would you then want to sell those annuity payments...especially if you can only sell them for a discounted amount?

 

Consider what's best under the circumstances

Now that you have an annuity in place and receive monthly payments, you may have compelling reasons to need cash now. You may not have had much choice than to accept a structured settlement payout and now you want to explore other options.

 

Even if you have managed your money wisely, you might have financial obligations that can only be met by cash now. For example, you might want to prepay your high interest mortgage. Or you might have accumulated credit card debt while you have been recovering from physical injuries you suffered (and meeting your living expenses while not working). This has a high interest rate, and you can save a lot of money by paying it off early. Or your family needs a different home, and you can get a better deal on it with cash today. There are nearly as many reasons for needing to sell annuity payments as there are people with annuities. Whatever the reasons, you need to look at your own situation carefully to decide whether its a good idea for you.

 

How to Sell Your Annuity Payments

Many times you are not actually selling your annuity. Instead, you are selling the right to receive payments under that annuity. You would factor the annuity policy payments via a court order.

 

The annuity settlement agreement often contain provisions that prohibit selling the annuity payments. These provisions could give you the impression that you cannot sell it.

By selling your right to receive a stream of future payments, you can accelerate the payout.

 

You need to know that due to the tax implications of annuity payments, state law now regulates selling settlement annuity payments, sometimes called factoring. You need court permission to sell that stream of payments. The court would consider whether the sale is in the best interests of the annuitant, before permitting (or rejecting) the sale application.

 

Where to Sell Annuity Payments

You would look for a buyer of annuity payments, to cash out of your annuity. The buyer can help review your situation to present a case that the sale is in your best interests. For example, it may be better to sell only part of your remaining annuity payments - just enough to meet your current need. By presenting a specific proposal to meet a genuine need, the court is more likely to approve the sale transaction.

 

This is a fairly complex legal process, and you should always get legal and tax counsel before deciding to proceed with an annuity sale.