Structured settlements are designed to provide long-term financial stability, especially after a major life event such as a personal injury settlement or workers’ compensation case. But a question that often comes up is: What happens to those payments if I pass away? It’s an important consideration—especially when you’re thinking about estate planning and the well-being of your loved ones.
Structured settlements are typically tailored to your individual needs at the time of the settlement. Payments are often scheduled over years or even decades, providing steady income for medical costs, living expenses, or long-term care. But what happens to those remaining payments if the recipient (also called the annuitant) passes away before all funds have been distributed?
The answer depends on how the structured settlement was set up.
There are two common types of payment structures in these settlements:
When structured properly, a settlement with a guaranteed period can serve as a valuable part of an estate plan, helping loved ones cover expenses even after the annuitant’s death.
To ensure the structured settlement continues to support your family, it’s critical to name a beneficiary when the settlement is finalized. This ensures that the insurance company responsible for making payments knows who should receive any remaining payments.
If no beneficiary is named, the remaining payments typically become part of your estate and go through probate, which can delay access to funds and potentially involve legal costs.
“Naming a beneficiary is one of the simplest but most overlooked parts of the settlement process,” says Brad Cecil, a Ringler Consultant. “Taking the time to make that decision up front ensures that your financial planning efforts continue to support your family in the way you intended.”
In some cases, yes. Depending on how the structured settlement was set up, you may be able to update your beneficiary if your life circumstances change. It’s wise to review your beneficiary designations any time you experience a major life event—like marriage, divorce, or the birth of a child.
Keep in mind: Any changes must follow the terms of the annuity contract, and you should always work with your structured settlement consultant before making adjustments.
If a child is named as the beneficiary, the remaining payments may be held in a trust or handled through a court-appointed guardian, depending on state law. This is why it’s crucial to coordinate with a structured settlement expert and, if needed, an estate attorney to ensure everything is set up properly.
Structured settlements can be a powerful tool in estate planning. They offer tax-free income, predictability, and—if structured correctly—can provide benefits even after death. Here are a few planning tips:
While no one likes to think about passing away, planning for it is one of the most thoughtful things you can do for your loved ones. Structured settlements, when designed with estate planning in mind, can continue to offer peace of mind long after you’re gone.
Working with a professional like a Ringler consultant ensures that your settlement is structured not just for today but with the future in mind.