Are creditors able to take away proceeds from a life insurance policy?

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Asked June 4, 2012

1 Answer


In most cases, creditors are not able to take away proceeds from a life insurance policy. Life insurance policies are designed to provide a death benefit to the named beneficiaries upon the insured's death, and these proceeds are typically protected from creditors and other legal claims. However, there are a few exceptions to this rule. In some cases, creditors may be able to access the proceeds from a life insurance policy if:

  • The policy is used as collateral for a loan: If the insured used their life insurance policy as collateral for a loan, the lender may be able to collect the proceeds to pay off the outstanding debt.
  • The policy is part of the insured's estate: If the life insurance policy is part of the insured's estate, creditors may be able to access the proceeds to pay off any outstanding debts or obligations.
  • The insured owes back taxes: In some cases, the proceeds from a life insurance policy may be used to pay off any back taxes owed by the insured.
It is important to note that the rules regarding creditor access to life insurance proceeds vary by state and can be complex. It is always best to consult with a qualified attorney or financial advisor to understand your rights and responsibilities in these situations. To protect life insurance proceeds from potential creditors, it is often advisable to name a beneficiary other than the insured's estate, and to keep the policy current and in good standing. Additionally, it may be possible to set up a trust to hold the life insurance proceeds and protect them from any potential creditor claims.

Answered June 4, 2012 by Anonymous

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