With relatively recent changes to which benefits are exempt from the grasp of creditors, Commonwealth Insurance Center can help get you updated on what you need to know.
Most of Your Life Insurance Benefits Should Be Protected
In most cases, your life insurance beneficiary will not have to pay off any of your debt with the proceeds. The laws protecting these benefits are covered by Virginia law §38.2-3122. Given it’s just a few years old, Williamsburg, VA residents who purchased a policy several years ago may be unaware of the change.
Exemptions Are Likely to Exist
There are few definitive answers when it comes to insurance policies, and life insurance is no exception. A spouse who receives the benefit could see creditors come after the payment if the two of you had any joint accounts with a debt. Even though most life insurance is paid out to a beneficiary, some are placed into a trust that is linked to your name.
A later section of the law does allow creditors to make a claim, but only before the payment of the claim. Creditors use this option when a life insurance policy is used as a way to defraud creditors, so it shouldn’t be an issue as long as you are a law-abiding citizen.
These are not the only ways that your policy might be vulnerable to creditors or other factors that limit its payout, but they should paint a picture of the complexity.
Update Your Policy and Your Knowledge
Despite the slow pace that the law can move, it’s still a changing body of work. If you have any questions or want to look at options for updating your insurance portfolio, Commonwealth Insurance Center has offices in Williamsburg, VA and several surrounding cities that are on hand to help you.