Variable annuities can be bought in IRA (qualified) accounts or brokerage (non-qualified) accounts. This makes a big difference for your FIL because if non qualified and you cash out there will be tax consequences ( ordinary income tax on any gains). As DD mentioned, variable annuities have deferred sales charges and they typically last for 7-9 years. If bought in 2008, it may be out of surrender.
It sounds like there are a number of riders on the contract. If he has not taken any withdrawals, the benefit base is likely much higher than the contract value. I would recommend finding out the details on all the riders from Genworth. For example, is your MIL a co-annuitant ( can she receive income), what is current death benefit, does it reset annually? What income percentage/amount would he/they get if they took income? Is there a surrender charge? Qualified? What are total fees for contract? (M&I, admin, rider fees, mutual fund fees).
Based on the answers to the questions above it may make sense to hold onto, cash out, or even start taking income from the contract.
Thanks for the detailed response, it's very helpful.
This was definitely bought in an IRA either using 401K funds or a buy out when he retired.
I'll post some details here and maybe you can answer a few of my questions, most I will need to contact them
Contract Date: 03/04/2008
Total Payments: $77,315.55 (This looks to be a one time payment when opened)
Total Withdrawals: $0
Change in Value: $14,375.52
Ending contract value: $91,691.07
Hypothetical death benefit: $96,925.77
Lifetime Income Plus 2008 rider benefit summary
Benefit Base value as of quarter end: $125,612.70
Withdrawal Base: $96,925.77
Roll-up Value: $125,612.70
Contract Value last anniversary: $89,324.46
Principal Protection death benefit value: $77,315.55
So what does benefit base mean? How much is thing really worth?
Thanks a TON for your detailed questions above that I can ask them to get more info. I am confused and I know they do not understand any of this stuff.