Settlement FAQs

what does viatical settlement mean

by Miss Electa Cummings II Published 3 years ago Updated 2 years ago
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What is a viatical settlement in insurance?

A viatical settlement (from the Latin viaticum) is the sale of a policy owner's existing life insurance policy to a third party for more than its cash surrender value, but less than its net death benefit.

What is a viatical sale?

Such a sale provides the policy owner with a lump sum. The third party becomes the new owner of the policy, pays the monthly premiums, and receives the full benefit of the policy when the insured dies. "Viatical settlement" typically is the term used for a settlement involving an insured who is terminally or chronically ill.

What is a'viatical settlement'?

What is 'Viatical Settlement'. A viatical settlement is an arrangement in which someone with a terminal disease sells his or her life insurance policy at a discount from its face value for ready cash. The buyer cashes in the full amount of the policy when the original owner dies. A viatical settlement is also referred to as a life settlement.

How was the first viatical settlement transaction created?

Burchard, being in need of a particular surgical operation, offered to sell Dr. Grigsby his life insurance policy in return for $100 and for agreeing to pay the remaining premiums. Dr. Grigsby agreed and as a result, the first viatical settlement transaction was created.

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How does a viatical settlement work?

A viatical settlement allows you to invest in another person's life insurance policy. With a viatical settlement, you purchase the policy (or part of it) at a price that is less than the death benefit of the policy. When the seller dies, you collect the death benefit.

Who benefits from a viatical settlement?

Viatical settlements are for people who are terminally or chronically ill, no matter their age. Also, as noted, the proceeds from a viatical settlement typically aren't considered taxable income. Life settlements are generally only available only to women age 74 and older and to men age 70 and older.

What does viatical mean in English?

viatical. / (vaɪˈætɪkəl) / adjective. of or denoting a road or a journey. botany (of a plant) growing by the side of a road.

What does the word viatical settlement mean?

: an agreement by which the owner of a life insurance policy that covers a person (as the owner) who has a catastrophic or life-threatening illness receives compensation for less than the expected death benefit of the policy in return for a turning over (as by sale or bequest) of the death benefit or ownership of the ...

How much is paid in a viatical settlement?

What are the Differences Between Viatical Settlements and Accelerated Death Benefits?Viatical SettlementsHow much can I get?VSPs pay a lump sum usually from 50% to 85% of the face value of your policy, depending on your life expectancy.6 more rows

Is a viatical settlement taxable?

Is A Viatical Settlement Taxable? Most of the time, viatical settlements are not taxable. Settlement proceeds for terminally ill insureds are considered an advance of the life insurance benefit. Life insurance benefits are tax-free, and so it follows that the viatical settlement wouldn't be taxed, either.

What is the difference between a life settlement and a viatical?

The two main categories of insurance policy sales are life settlements and viatical settlements. A life settlement differs from a viatical settlement because the insured in a life settlement is usually healthy, while a viatical settlement pertains to a sale by an insured with a terminal illness.

What is the primary feature of a viatical settlement?

So, What Is the Primary Feature of a Viatical Settlement? Essentially, it is the prepayment of a death benefit at a reduced rate. However, it is important to note that the cash settlement is provided in exchange for the sale and transfer of the ownership rights of the life insurance policy.

How do I invest in viatical settlements?

How do people invest in viatical settlements? Investment options for viatical settlements are more limited than they are for life settlements. Accredited investors can purchase a book of life insurance policies from brokers or from providers who receive cases from life insurance agents.

Are Viaticals good investments?

From an investment perspective, a viatical settlement can be extremely risky. The rate of return is unknown because it's impossible to know when someone will die. If you invest in a viatical settlement, you are speculating on death. Therefore, the longer the life expectancy, the cheaper the policy.

What is another name for the insured in a viatical settlement?

What is another name for the insured in a viatical settlement? The insured in a viatical settlement is also known as the viator.

Who pays all future premiums after the viatical settlement?

The buyer (the viatical settlement provider) becomes the new owner of the life insurance policy, pays future premiums, and collects the death benefit when the insured dies. At one time, most viatical settlements were from people with a life-threatening illness.

Who pays all future premiums after the viatical settlement?

The buyerThe buyer of a viatical settlement pays the seller a lump sum cash payout and pays all future premiums left on the life insurance policy. The buyer becomes the sole beneficiary and cashes in the full amount of the policy when the original owner dies.

What is the primary feature of a viatical settlement?

So, What Is the Primary Feature of a Viatical Settlement? Essentially, it is the prepayment of a death benefit at a reduced rate. However, it is important to note that the cash settlement is provided in exchange for the sale and transfer of the ownership rights of the life insurance policy.

What is the name of the insured who enters into a viatical settlement?

viatorA “viator” is the owner of an individual life insurance policy or a certificate holder under a group policy who enters or seeks to enter into a viatical settlement contract. The “insured” is the person on whose life an insurance policy is written. Usually, the insured is also the viator.

How do you qualify for a viatical settlement?

Who Qualifies for a Viatical Settlement? Life insurance policyholders who are seriously or chronically ill, have a policy with a face value of a minimum of $100,000, and have held their policy for at least two years will typically qualify for a viatical settlement.

What is a Viatical Settlement?

Viatical settlements allow someone diagnosed with a life-threatening illness to sell their life insurance policy for cash. This person is known as...

How Does a Viatical Settlement Work?

Once someone has decided to sell their life insurance policy, they usually reach out directly to a viatical settlement company or viatical settleme...

How Much Money Will I Get from a Viatical Settlement?

Typically, the rate you’ll receive is 50 to 70% of the policy’s value. For example, let’s say the viator, John, has a life insurance policy for $50...

How Much Money Will I Get from a Viatical Settlement?

Typically, the rate you’ll receive is 50 to 70% of the policy’s value. For example, let’s say the viator, John, has a life insurance policy for $50...

Viatical Settlements vs. Senior Life Settlements – How Are They Different?

On the surface, it seems like viatical settlements and senior life settlements are the same things, but they differ in a few crucial ways. Senior L...

Why Choose a Viatical Settlement?

The main reason why a person may choose to sell a viatical settlement is that the policyholder needs the money. This need could be for anything: a...

How Quickly Can I Get a Viatical Settlement?

Typical payout time with American Life Fund is within a few weeks.

Who Qualifies for a Viatical Settlement?

Any individual with a chronic or life-threatening illness and an existing life insurance policy qualifies for a viatical settlement. The policy can...

What Is a Viatical Settlement?

A viatical settlement is an arrangement in which someone who is terminally or chronically ill sells their life insurance policy at a discount from its face value for ready cash. In exchange for the cash, the seller of the life insurance policy relinquishes the right to leave the policy's death benefit to a beneficiary of their choice.

Who licenses viatical settlements?

In many states in the U.S., companies that buy viatical settlements to sell to investors are licensed by state insurance commissioners. For more information and a list of state insurance regulators, visit the National Association of Insurance Commissioners (NAIC).

How long does a life insurance policy last in a viatical settlement?

In a viatical settlement, the life expectancy of the insured is generally two years or less. If a life insurance policyholder is considering a life settlement, they should first consider all available options for obtaining the needed cash. There might be a better way to utilize a life insurance policy.

How long does a life insurance settlement last?

A life settlement differs from a viatical settlement in that the insured seeking to sell their life insurance policy has an estimated life expectancy greater than two years.

Can a buyer of a viatical settlement check on your health?

The buyer of a viatical settlement is allowed to check on your health condition periodically . Make sure you understand who will get access to this information. All questions on an application form must be answered truthfully and completely—especially questions about medical history.

What is a viatic settlement?

Viatical settlements allow someone diagnosed with a life-threatening illness to sell their life insurance policy for cash. This person is known as the “viator.”

Why Choose a Viatical Settlement?

The main reason why a person may choose to sell a viatical settlement is that the policyholder needs the money. This need could be for anything: a house, a car, a family emergency, or an investment opportunity.

How Quickly Can I Get a Viatical Settlement?

Typical payout time with American Life Fund is within a few weeks. Here’s how it works:

What is viatical life?

Per the National Association of Insurance Commissioners (NAIC), any individual with a chronic illness or terminal illness, defined as a condition that affects the activities of daily living, and an existing policy with an insurance company may qualify for a viatical life settlement.

How long does a viaticated policy last?

Generally speaking, the viaticated policy needs to have been in effect for a minimum of one year and have a valuation of at least $100,000. A viatical settlement purchaser may also have life expectancy requirements for each applicant, typically two to four years or less.

What do policyholders use viatical settlement funds for?

Some policyholders use the funds from their viatical settlement to seek further treatment or even experimental treatments.

How long do you have to live to get a life settlement?

Life settlements are typically given to those who are expected to live more than two to four years or whose diagnosis is debilitating but not terminal, and viatical settlements are given to those expected to live less than two to four years.

What is viatical settlement?

A viatical settlement (from the Latin "viaticum") is the sale of a policy owner's existing life insurance policy to a third party for more than its cash surrender value, but less than its net death benefit. Such a sale provides the policy owner with a lump sum. The third party becomes the new owner of the policy, pays the monthly premiums, ...

Who was the first person to collect viatical settlement?

Grigsby agreed and as a result, the first viatical settlement transaction was created. When Mr. Burchard died, Dr. Grigsby attempted to collect the benefits. An executor of Burchard’s estate challenged Dr. Grigsby in Appeals Court and won.

Which states do not regulate viatical settlements?

As of June 2011, the states that do not regulate viatical settlements are Wyoming, South Dakota, Missouri, Alabama, and South Carolina. All other states regulate viatical settlements.

Is viatical settlement out of date?

Update - viatical settlement as a term is now out of date. The industry uses life settlement as the formal terminology. Technically, a viatical is a life settlement where the insured has less than two year life expectancy. However, some states like Maryland use the term viatical settlement instead of life settlement in their regulatory documents.

What is viatical settlement?

A viatical settlement allows you to invest in another person's life insurance policy. With a viatical settlement, you purchase the policy (or part of it) at a price that is less than the death benefit of the policy. When the seller dies, you collect the death benefit. Your return depends upon the seller's life expectancy and ...

Who licenses viatical settlements?

Many state insurance commissioners license the companies that buy viatical settlement to sell to investors and may have information about a specific company or viatical settlements in general. To find out who your state insurance regulator is, please visit the website of the National Association of Insurance Commissioners. The Federal Trade Commission also has information for those who are considering selling their life insurance policies.

What is a viatical settlement?

Viatical settlements or a viatical settlement contract is when terminal or chronically ill individual sells their life insurance policy to a viatical settlement broker. The policy seller receives a lump sum cash payout that is more than the cash surrender value, but less than the death benefit.

What are the two types of viatical settlements?

Types of Viatical Settlements. There are essentially two types of viatical settlements: one for the terminally ill and one for the chronically ill. Terminally ill is defined as having a life expectancy of fewer than 24 months.

How long do you have to own a viatical settlement policy?

In most states, the waiting period is two years (see the specifics for your state in the map below).

What is the NAIC viatic settlement model?

The NAIC Viatical Settlement Model suggests minimum payouts depending on the life expectancy of the policyholder.

Why do people settle viatically?

People opt for a viatical settlement for many reasons. Most often it is because they need money to cover medical or end-of-life expenses.

Which states regulate viatical settlements?

It is worth noting that both Michigan and New Mexico regulate viatical settlements but not standard life settlements.

What disclosures do settlement providers have to provide?

Settlement providers must provide substantial disclosure, including the disclosure of compensation paid to brokers.

What Does Viatical Settlement Mean?

A viatical settlement is when an investor buys an existing life insurance policy from another person. The investor makes an upfront cash payment to the policy holder and the policy holder transfers over ownership of the insurance policy. When the seller dies, the investor will receive the death benefit. The investor pays less than the life insurance death benefit for the viatical settlement to make a profit when the seller eventually dies.

Why do viatical settlement companies make large upfront payments?

Investors are making a large upfront payment for the policy and need to be able to predict the seller's life expectancy. If the seller lives longer than expected, it will lower the investor's return. That's why many viatical settlement companies only make deals with people who have been diagnosed with terminal illnesses.

What Does Viatical Settlement Mean in Insurance?

Viatical is derived from the Latin word “viaticum”, which means “provision for a journey”. This refers to the final words someone may receive before their passing.

When can viatical settlements be transacted?

Viatical settlements are typically transacted when a person has been diagnosed as terminally ill and is expected to live 24 months or less or is certified as chronically ill. When the insured’s lifespan is longer than 24 months, they may not qualify for a tax-free viatical but can still pursue a regular life settlement.

How are viaticals taxed?

Most of the time, a viatical settlement is free from tax. One way to look at it is that the settlement proceeds are an advance of your life insurance benefit - and life insurance benefits are typically tax free. However, with all things tax, there can be exceptions. Many state tax laws regarding viatical settlements follow federal guidelines, but some may not. The most important thing to consider is consulting a tax professional for guidance with respect to tax obligations.

What is the difference between a life or viatical settlement and cash surrender value?

With a cash surrender, your insurance company will terminate your insurance policy and give you a cash sum equal to the surrender value. In this instance, since the policy is canceled, you no longer have to make payments on the premium or have access to the death benefit. On the other hand, with a life or viatical settlement, the new owner will take on the policy’s rights and obligations. In exchange for a cash payment, the new owner will continue to make premium payments and ultimately receive the death benefit.

What is life settlement?

You may have heard of a life settlement before, where a policyholder sells their life insurance policy to a third party for a cash lump sum. Life settlements have been around for more than a century and have become more popular in recent times, largely due to increased awareness, easier accessibility.

What factors are considered when determining eligibility for a viatical settlement?

These may include specific things such as the insured’s medical condition, including disease type and stage, and also insurance policy details such as amount of ongoing premiums and the total face value of your policy.

When do viaticals settle?

Most viatical settlements occur when the insured has a life expectancy of two years or less.

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How Viatical Settlements Work

  • Life insurance is a powerful tool for protecting loved ones. But in some situations, it’s better to receive the funds before the insured person dies. For example, your spouse and children might be financially secure, not need the death benefit, and prefer that you have plenty of money availabl…
See more on thebalance.com

Viatical Settlement Regulations

  • Most states regulate viatical settlements, and the rules vary from state to state. Check with your state’s insurance division to verify that any settlement company you’re evaluating is authorized to conduct business in your area. Laws often require settlement providers to disclose important information about your transaction as well as alternatives to using a viatical settlement—but it’s …
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Viatical Settlements vs. Life Settlements

  • Life settlements are similar to viatical settlements because in both arrangements, you sell your policy for a lump sum, the buyer takes over the death benefit and premium payments, and you can use those funds during your lifetime. However, there are some crucial differences:
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Criticisms of Viatical Settlements

  • Pitfalls for Investors
    Investors considering viatical settlements should be aware of several potential pitfalls. There’s no way to predict if or when your investment will pay off, making insurance policies difficult to value. If somebody lives longer than anticipated, you won’t receive payment when you expect it. As a res…
  • Pitfalls for Policy Owners
    There are a few items to be aware of if you’re considering a viatical settlement: 1. The primary drawback for policy owners is that your beneficiaries will not receive a death benefit after you sell the policy. 2. You could lose access to need-based benefits like Medicare if you no longer qualif…
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Alternatives to Viatical Settlements

  • There are other ways to access the cash value in your policy that may be more advantageous than selling it through a viatical settlement.
See more on thebalance.com

What Is A Viatical Settlement?

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A viatical settlement is an arrangement in which someone who is terminally or chronically ill sells their life insurance policy at a discount from its face value for ready cash. In exchange for the cash, the seller of the life insurance policy relinquishes the right to leave the policy's death benefitto a beneficiary of their ch…
See more on investopedia.com

Understanding A Viatical Settlement

  • Viatical settlements enable owners of life insurance policies to sell their policies to investors. Investors buy the full policy or a portion of it at a cost that is less than the policy's death benefit. The investor's rate of returndepends upon when the seller dies. The rate of return will be lower if the seller outlives their estimated life expectancy. Conversely, the rate of return will be greater if …
See more on investopedia.com

Criticism of Viatical Settlements

  • From an investment perspective, a viatical settlement can be extremely risky. The rate of return is unknown because it's impossible to know when someone will die. If you invest in a viatical settlement, you are speculating on death. Therefore, the longer the life expectancy, the cheaper the policy. However, because of the time value of money(TVM), the longer the person lives, the l…
See more on investopedia.com

Viatical Settlement vs. Life Settlement

  • Individuals not facing a health crisis may also choose to sell their life insurance policies to get cash, which is more typically referred to as a life settlement. A life settlement differs from a viatical settlement in that the insured has a longer life expectancy. In a viatical settlement, the life expectancy of the insured is generally two years or less. If a life insurance policyholder is consid…
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Special Considerations

  • There are various points to consider before deciding on either a viatical settlement or a life settlement: 1. It's important to get quotes from several companies to ensure a competitive offer. 2. Request an in-force illustration or reprojection for your current policy. 3. Not all proceeds received from the sale of a life insurance policy may be tax-free; make sure you understand all tax implica…
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