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What is the difference between Life Settlements and Viatical Settlements?

Life Settlement and Viatical Related Definitions

Life Settlement and Viatical Settlement qualifications




What is a Life Settlement?

A Life Settlement is the sale of a life insurance policy to a third party. The owner of the life insurance policy sells the policy for an immediate cash benefit. The buyer becomes the new owner of the life insurance policy, pays future premiums, and collects the death benefit when the insured dies. Life Settlements are for individuals who are not facing a health crisis and wish to sell their life insurance policies to get cash.

Consider Your Options

If you’re selling your policy to get cash to pay expenses, check all of your options. You may find a way to get more cash from your life insurance policy.

1. Ask your insurance company if you have any cash value in your life insurance policy. You may be able to use some of the cash value to meet your immediate needs and keep your policy in force for your beneficiaries. You may also be able to use the cash value as security for a loan from a financial institution.

2. Find out if your life insurance policy has an accelerated death benefit. An accelerated death benefit typically pays some of the policy’s death benefit before the insured dies. It may be a way for you to get cash from a policy without selling it to a third party.

Consumer Tips

• Comparison shop. Use a licensed Broker to confirm you get quotes from several companies to make sure you have a competitive offer.

• Find out the tax implications. Not all proceeds received from the sale of your life insurance policy are tax-free.

• It’s important to know that any of your creditors could claim your cash settlement.

• Find out if you will lose any public assistance benefits such as food stamps or Medicaid if you get a cash settlement.

• The buyer of your policy can periodically ask you about your health status. The buyer is required to give you a privacy notice outlining who will get this personal information. Be sure to read it.

• Check all application forms for accuracy, especially your medical history. All questions must be answered truthfully and completely.

• Make sure the buyer agrees to put your settlement proceeds into an independent escrow account to protect your funds during the transfer. Find out if you have the right to change your mind about the settlement AFTER you get the money. If so, how many days do you have to reconsider and return the money?

Questions to Ask

• Do I still need life insurance protection?
• If I sell my policy, how do they decide how much cash I get?
• Is this an employer or other group policy? If so, do I need permission to    sell it?
• If I sell my policy, who will be the legal owner?
• Do I need the advice of a tax or estate-planning advisor before I decide    to sell my policy?
• Who will have specific information about my family, my health status or    me?
• After I sell my policy, can the buyer resell it?

Your state insurance department may have a list of life settlement brokers that are licensed to do business in the state. Contact them to make sure yours are on the list.

Always Check With Your State

Contact your state insurance or securities departments to learn about any issues and risks of life settlements if:
  • you’re considering selling your life insurance policy;

  • you’re asked to sell your life insurance policy and your health hasn’t changed since you bought the policy;

  • you’re asked to buy a new life insurance policy and immediately sell it for cash.