Business owners, professionals, and anyone worried about lawsuits or debt often ask whether life insurance is safe from creditors. In Colorado, the answer is often yes, but the details matter.
Proceeds Paid to a Named Beneficiary
Colorado law generally protects life insurance proceeds paid to a named beneficiary from the claims of the insured person’s creditors. Because the money goes directly to your beneficiary and skips probate, your creditors usually can’t reach it.
Cash Value
Permanent life insurance, such as whole or universal life, builds cash value. Colorado’s exemption statute (C.R.S. 13-54-102) protects a policy’s cash surrender value up to a dollar limit, with exceptions for premiums or contributions made shortly before a judgment or bankruptcy.
Common Mistakes That Weaken Protection
- Naming your estate as beneficiary. Proceeds paid to your estate go through probate, where creditors can make claims.
- Leaving the beneficiary blank or failing to name a contingent beneficiary.
- Waiting until trouble starts. Large premium payments made right before a lawsuit or bankruptcy can be challenged.
- Forgetting the beneficiary’s creditors. Once your beneficiary receives the money, their own creditors may be able to reach it. A trust can help.
Using Life Insurance in a Business
Key person coverage and buy-sell agreements are often owned by a business or partners. Ownership and beneficiary choices affect who can reach the money, so plan these with your attorney and CPA.
This article is general information, not legal advice. Talk with a Colorado attorney about asset protection for your situation. Learn more about life insurance.
Have questions about your coverage? Call Johnson Insurance Agency at 303-768-8130 or stop by our office at 14 Inverness Dr. E, Suite G236, in Englewood. We compare coverage from multiple carriers for families and businesses across the Denver metro area and Colorado.
Sources
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