The professional reference on life settlements — built for the people clients ask first.
A working library for elder-law attorneys, estate planners, CPAs, and financial advisors. Statute citations, IRS guidance, suitability frameworks, fillable worksheets, and a 50-state regulatory map — all free, all sourced, all yours to cite.
CITED SOURCES: IRS · NAIC · LISA · 50 State Insurance Departments · GAO
Tax · IRS RR 2009-13
Three-Tier Treatment of Proceeds
Tier 1 tax-free up to basis · Tier 2 ordinary income to surrender value · Tier 3 long-term capital gain above.
Regulatory · 50 States
State Compass Map
Statute · Regulator · Rescission window · State tax note. One click per state.
Tool · Worksheet
Policy Review Worksheet
State-aware, printable, client-fillable. Whitelabel-ready for firm letterhead.
Library at a Glance
Updated monthly — last refresh May 2026
Editorial review: pending · Last updated May 2026 · Built on primary sources (IRS, NAIC, GAO, LISA, state DOIs)
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States Mapped
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Statutes Summarized
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CLE-Ready Guides
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Sourced Citations
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Choose your role and the library reshuffles to show what your clients ask you about most.
The Library
Cornerstone resources, by format
Every guide is sourced, dated, and footnoted. PDFs are firm-shareable. Tools are interactive. Filter by format below.
Guide22 min read
Tax Treatment of Life Settlements — IRS Revenue Ruling 2009-13, Post-TCJA
The three-tier framework explained: tax-free recovery of basis, ordinary income to cash surrender value, long-term capital gain above. Includes the 2017 TCJA basis-reduction repeal and viatical exclusion under IRC §101(g).
The Suitability Framework: When a Life Settlement Belongs on the Table
The eight-factor screen — age, health, policy size, premium drag, alternatives exhausted, family disposition, replacement coverage need, and tax posture — for advisors and fiduciaries.
Medicaid Spend-Down & Life Insurance: Settlement vs. Surrender vs. Hold
How the cash surrender value counts as an available resource, the 60-month look-back, and where a settlement net of fair-market consideration sits within the transfer rules.
Trust-Owned Policies: ILITs, Crummey Powers & the Settlement Decision
Trustee duties when the policy outlives its planning purpose, beneficiary consent issues, and the consequences of distributing or selling versus surrendering an ILIT-held policy.
State Compass — Statute, Regulator, Rescission, Tax
Tile-grid map of all 50 states + DC. One click pulls the regulating body, primary statute citation, rescission window, and any state tax treatment notes.
Pick any two states and see their rules side by side: regulator, statute, rescission, broker licensing posture, state tax note. Helpful when a client is mid-relocation.
State-aware, fillable worksheet a client can complete in your office — face amount, premium, surrender value, insured health snapshot, beneficiary disposition. Print to PDF, attach to file.
Routes you straight to the licensee search at the client's state Department of Insurance. Confirm any broker or provider before introduction. Required diligence step for many fiduciaries.
Ten Red Flags: Spotting STOLI & Predatory Settlement Schemes
The patterns that draw state DOI enforcement — premium financing rebates, beneficiary swaps, fake terminal illness disclosures, undisclosed life-expectancy buying. Use it as a client-protection checklist.
Pine Lake Protection Index — How Strong Is Your State's Consumer Framework?
A tiered ranking of all 50 states on five protection axes: licensing rigor, rescission length, disclosure scope, anti-STOLI provisions, and post-transaction privacy. Methodology open and footnoted.
A two-page summary your associates can keep at their desks: tax tiers, viatical exclusion, NAIC model citations, rescission ranges, and the eight-factor suitability screen — all on one fold.
The eight-factor screen as a fillable PDF checklist. Score the candidate transaction, document the analysis, file with your suitability notes. Whitelabel-ready (no Pine Lake branding on body).
Client-Facing Handout: "Is Selling My Policy Right for Me?"
A plain-English client handout — what a settlement is, who qualifies, what tax to expect, what to bring to the conversation. Designed to be handed to the client at end-of-meeting.
Life Settlements in Elder Law — 1-Hour CLE Outline
Speaker-ready outline: regulatory landscape, Medicaid interplay, transfer rules, ethics flags around referral disclosure, and a 10-minute case study. Co-presentation available with Pine Lake.
Life Settlements for the Financial Advisor — CE Outline
Suitability framework, tax mechanics, AUM consequences, and the fiduciary obligation to mention the option when a client says they're about to lapse. Built for advisor CE credits.
What's federally taxable when a policyholder sells. Use this strip whenever a client asks "will I owe taxes?" — then point them to the full guide for footnoted detail.
Tier 1
Tax-Free Recovery of Basis
Up to cumulative premiums paid
Proceeds up to the policyholder's basis in the contract are recovered tax-free. After TCJA (2017), basis is no longer reduced by the cost-of-insurance charge — simplifying record-keeping and improving net-of-tax outcomes.
Example: Client paid $40,000 in cumulative premiums over 18 years. The first $40,000 of settlement proceeds is recovered tax-free.
Pre-TCJA wrinkle (historical): Before 2017, basis was reduced by cost-of-insurance — TCJA §13521 repealed this, retroactive for life settlements.
Documentation needed: Annual premium history from the carrier; client bank/check records as backup.
Tier 2
Ordinary Income
Surrender value − basis
The "inside build-up" portion — the spread between cumulative premiums and the policy's cash surrender value — is taxed as ordinary income. This is the same character it would have on a straight surrender.
Example: Same client — $40k basis, current cash surrender value of $58k. The $18k spread (CSV − basis) is ordinary income at the client's marginal bracket.
Why this exists: Same character as a straight surrender — the IRS won't let a settlement convert what would have been ordinary income into capital gain.
Planning implication: If the client is in a high marginal bracket, Tier 2 is the costliest piece.
Tier 3
Long-Term Capital Gain
Settlement − surrender value
The "settlement premium" — what the buyer paid above cash surrender value — is generally treated as long-term capital gain. This is where most of the after-tax advantage versus surrender shows up.
Example: Same client — settlement offer of $145,000. Subtract CSV ($58k) = $87k long-term capital gain. At 15% LTCG rate, $13,050 federal tax on this slice.
Net after-tax (illustrative): $40k tax-free recovery + $18k Tier 2 (32% marginal = $5,760 tax) + $87k Tier 3 (15% LTCG = $13,050 tax). Net to client: $126,190.
Versus surrender: Surrender net ≈ $52,240. Settlement net $126,190 — ~$73,950 advantage on this hypothetical.
Viatical settlements meeting IRC §101(g)(2) are excluded from gross income entirely — see the
full tax guide for footnotes, examples, and the §6050Y reporting rules.
Interactive Tool
Suitability Quick-Check
Four screening questions. Thirty seconds. A defensible read on whether the client is even in the zone before you spend an hour digging into the contract.
Should this client even be in this conversation?
This is a screening tool, not a recommendation. Use it as the first filter; full suitability requires the eight-factor analysis in the framework guide.
Insured's age?
Most secondary-market buyers underwrite at 65+. Below that, life expectancy is too long to support a meaningful settlement premium.
Health status since policy issue?
A genuine change matters more than a number. The settlement premium reflects shortened life expectancy.
Policy face amount?
Below $100k, transaction cost typically eats the settlement premium. Above $250k, the market is most efficient.
Client's posture toward the policy?
A settlement only beats the alternative if the alternative is lapse or surrender. If the policy is still wanted, the analysis is different.
Screening tool only. Not legal, tax, or financial advice. The full eight-factor framework lives in the Suitability Framework guide.
50-State Coverage
The regulatory reference your clients' state already has.
Every state, every statute, every regulator — already built. Send a client to the page that matches their state, or use the tools below in your own diligence.
State Compass Map
Tile-grid view of all 50 states + DC. Click any state for regulator, statute, rescission window, and tax note.
Generate a clean citation in the format your firm uses. Free, no attribution string needed.
Pine Lake Life Solutions. (2026). Attorney & Advisor Resource Center: Life Settlements Reference Library. Retrieved from https://pinelakelegacy.com/attorney-advisor-resource-center/
Co-author a CLE. Quote us in a piece. Or just call.
Most of what's on this page exists because attorneys and advisors asked for it. If your firm is producing a guide, an event, or a client-education piece on life settlements — let's make it together.
CLE / CE co-presentation — outlines ready; we provide the market and tax content, you provide the legal framing and credit pathway.
Quoted source for journalists & publications — fast turnaround on HARO-style requests, on-record.
White-label client handouts — strip our brand, drop in yours, hand to clients at end-of-meeting.
Resource page listings — if your firm's resource page lists outside educational links, we'd like to be considered.
Talk to the team
Replies typically within one business day. No sales pitch.
Educational use only. This check offers general information about whether a policy review may be worthwhile — it is not an offer, a valuation, or a guarantee of eligibility. Pine Lake Life Solutions does not purchase policies.