Settlement FAQs

what is a viatical settlement

by Olga Bradtke Published 2 years ago Updated 1 year ago
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There are a few important things that differ between the two:

  • Viatical settlements are created for the chronically or terminally ill. ...
  • Life settlements only work with permanent policies like variable life insurance, universal life insurance, or whole life insurance. ...
  • Most of the time, a viatical settlement will pay much more money than a typical life settlement.

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Full Answer

What happens under a viatical settlement?

There are a few items to be aware of if you’re considering a viatical settlement:

  • The primary drawback for policy owners is that your beneficiaries will not receive a death benefit after you sell the policy.
  • You could lose access to need-based benefits like Medicare if you no longer qualify once you receive the settlement.
  • If you have or may have judgments entered against you, those funds could be accessed by creditors.

More items...

What does viatical settlement mean?

A viatical settlement is an arrangement in which you sell a life insurance policy to a settlement company before the insured person dies. The settlement company takes ownership of the policy and eventually receives the death benefit. A viatical settlement is one way to access a significant portion of your policy’s value prior to death.

What does a viatical settlement provider do?

A viatical settlement provider is a party who exchanges something of value to a person with a life insurance policy in order to obtain the right to the death benefits of the life insurance policy. It is common for a sum of cash to be exchanged to the life insurance policy holder for the rights to the death benefits. Advertisement.

Should a settlement agreement have a confidentiality clause?

Reaching an agreement and entering into a settlement agreement can help avoid litigation costs and provides more certainty in a matter. It is common for settlement agreements to contain a confidentiality clause that requires both parties to keep the terms of the settlement agreement and the circumstances concerning termination confidential.

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What happens under a 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.

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.

Who qualifies for a viatical settlement?

To be eligible for a viatical settlement, the policyholder must be terminally ill or chronically ill with a life expectancy of fewer than two years. Most types of policy types qualify for a viatical, including term life. The average payout of a life insurance sale is 4-6 times the policy's cash surrender value.

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.

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.

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.

How do Viaticals work?

In a viatical settlement, you buy either all or part of a life insurance policy from the policy's current owner. The buyer of a viatical settlement pays more than the cash surrender value of the policy (if any) but less than the final payout of the policy. They also pay all applicable premiums.

Are viatical settlements ethical?

By unpacking the evaluative content of our negative emotional reactions to viaticals, we show that, even under ideal circumstances, the economic idea of viaticals is, at its core, unethical.

What is the risk to the purchaser in a viatical settlement transaction?

What is the risk to the purchaser in a viatical settlement transaction? The insured does not die within the time period anticipated. In ordinary whole life insurance what happens if the insured dies before 100? the policy pays face value.

Who buys life insurance the most?

More than 8 in 10 families in the United States have some form of life insurance coverage today. Most people who own life insurance are family breadwinners who want to make sure that in the event they die, the future financial needs of dependents, such as a spouse, children or elderly parents, are met.

Is it worth selling your life insurance policy?

If you can no longer afford to pay your life insurance premium, selling the policy might relieve the monthly payments and put some money back into your pocket. Life insurance settlements usually result in a larger payout than what you would get from cancelling or surrendering your policy.

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

What is the name of the insured who enters into a viatical settlement? Viator. Viator means the owner of a life insurance policy who enters into or seeks to enter into a viatical settlement contract.

Are viatical settlements ethical?

By unpacking the evaluative content of our negative emotional reactions to viaticals, we show that, even under ideal circumstances, the economic idea of viaticals is, at its core, unethical.

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

What is the name of the insured who enters into a viatical settlement? Viator. Viator means the owner of a life insurance policy who enters into or seeks to enter into a viatical settlement contract.

What is the risk to the purchaser in a viatical settlement transaction?

What is the risk to the purchaser in a viatical settlement transaction? The insured does not die within the time period anticipated. In ordinary whole life insurance what happens if the insured dies before 100? the policy pays face value.

How do Viaticals work?

In a viatical settlement, you buy either all or part of a life insurance policy from the policy's current owner. The buyer of a viatical settlement pays more than the cash surrender value of the policy (if any) but less than the final payout of the policy. They also pay all applicable premiums.

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 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 is a type of life settlement that allows you to receive a substantial lump-sum payment for your life insurance policy while you’re still alive. Instead of keeping the policy (and your beneficiaries ultimately receiving the death benefit), you can sell it to get money for health care and other needs.

Why are viatical settlements limited?

Because of the risks involved, investments in viatical settlements are limited to accredited investors who satisfy specific income, asset, or other requirements defined under federal securities law.

How are life settlements similar to viatical 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:

How to find out how much you can get from a viatical settlement?

To find out how much you can get from a viatical settlement, you need to apply for a settlement. Settlement companies evaluate your life insurance policy, your medical history, and other details to arrive at an offer amount.

Why shop around as you evaluate viatical settlements?

Shop around as you evaluate viatical settlements because each provider might offer different amounts.

What to do before committing to a settlement?

Before committing to a settlement, explore alternatives, including accelerated death benefit options with your existing insurance policy.

Is a viatical settlement a big decision?

Using a viatical settlement is a big decision, and it requires careful consideration.

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 is a Viatical Settlement?

A viatical settlement is a specific type of life settlement involving individuals suffering from a terminal illness. The transaction is usually made tax-free by the IRS, as long as the insured meets specific criteria stated by a medical professional.

When Is The Right Time To Pursue a Viatical Settlement?

For many individuals facing a terminal illness, a viatical sale can be a strong financial solution. You may be able to cover all or part of the costs involved in your medical care, including travel, stay, and your actual medical costs. Some of the most common reasons you may consider a viatical settlement include:

How long does a person have to live to get a viatical settlement?

To be eligible for a viatical settlement, the policyholder must be terminally ill or chronically ill with a life expectancy of fewer than two years.

What is Abacus Life Settlements?

Abacus Life Settlements is a licensed life settlement company that takes a client-first approach.

Is a viatical settlement a loan?

A viatical settlement is not a loan; it is a one-time cash transaction that results in a complete transfer of ownership in exchange for a lump sum. The money belongs entirely to the policy seller and can be spent at his or her discretion. Viatical settlements can also be in the form of a paid-up death benefit.

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.

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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 …
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…
See more on investopedia.com

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 ta…
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Definition of A Viatical Settlement

A viatical settlement is an arrangement in which you sell a life insurance policy to a settlement company before the insured person dies. The settlement company takes ownership of the policy and eventually receives the death benefit. A viatical settlement is one way to access a significant portion of your policy’s value prior t…
See more on thebalance.com

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 available for medical treatments, comfortable facilities, or a final family vacation everyone can enjoy toget…
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 …
See more on thebalance.com

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:
See more on thebalance.com

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 re…
  • 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…
See more on thebalance.com

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

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