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Can the IRS seize life insurance benefits?

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2015-07-15 20:49:47
2015-07-15 20:49:47

You should have your mother leave the insurance to a trust and then you or your family as trustee, then the IRS cannot get to the money since it will not be yours. Additionally you may receive income from the trust. Your family could "spoon feed" you. You should consult an ESTATE PLANNING attorney to see how to set this up. rw

The insurance company cannot be forced to make a check payable to the IRS or any creditor. But if the person who receives the proceeds owes money to someone like the IRS, it won't be long before they will be forking it over. The trust described above can protect the money from creditors until it's paid out, but once the money is doled out, it's fair game for creditors.

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No, death benefits from a life insurance policy which has a named beneficiary is not subject to attachment by the IRS, state tax officials, judgment creditors, etc.

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That is one of the purposes of life insurance. The answer however is no, it would come out of the parents estate. If there is no estate than the gov could be SOL. BUT!!! It may behoove a child (depending on age) to settle the tab with all creditors and the IRS on behalf of the parent settling the estate with the insurance money rather than relying on a "fire sale" of the estate, and reaping the benefits of the estate at it's market value rather than a forced sale value....depending on the situation tho... 4lifeguild

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I am sorry for your loss. It would seem the IRS made a mistake as this shouldn't be taxable.....however, if they (actually the Insurance Co) "withheld" that from payment, likely because of a missing form or such....then it is actually at the IRS in an account...that when reflected on your return...(both the income as exempt and the credit for the payment withheld), should see your money refunded. But contact the IRS - by phone - and get an exact excplanation. Do not accept that it is taxable.

Nothing I can imagine they would ever consider. Other than certain prohibited types of fairly complex arrangements that involve corporations paying deductible premiums and providing benefits to certain beneficiaries - I don't believe there is any way an insurance policy can be a tax shelter.Anyone implying that life insurance is a good investment and as such becomes a tax shelter or such, should be disregarded.


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