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Viatical Settlements
Viatical Settlements

A "viatical settlement" is not insurance. It is a contract in which the terminally-ill owner of life insurance (the "viator") sells the death benefit to a third party in return for immediate cash. This cash will be a percentage of the expected death benefit. For example, the viatical settlement company buys a life insurance policy that will pay a $100,000 death benefit, for $80,000.

If you sell your life insurance to a viatical company in a viatical settlement, that company will pay future premiums and will be the owner and beneficiary of your life insurance. Once you die, your original beneficiaries will get nothing from that life insurance policy.

The viator may also contract for a "viatical loan" with a viatical loan company. In this instance, the loan is secured by the value of the life insurance policy. You will be expected to make regular payments on the loan and continue to pay your life insurance premiums, but you will retain ownership of the life insurance policy.

The percentage you can expect to receive from selling your policy, or the amount and terms of the loan may vary widely from one viatical company to another. You should seek offers from several companies in order to get the best result.

In determining the sales price or loan amount, the viatical settlement or loan company considers several factors, including the life expectancy of the person whose life is insured. The shorter the life expectancy, the higher the payment.

Payments generally vary between 50 to 90 percent of the policy's expected death benefit, but can be even less than 50 percent of the expected death benefit.

If you are considering a viatical contract you may want to consult with your lawyer, doctor, life insurance agent or company, and accountant or financial planner. These contracts are very complicated, and may affect other issues such as Medicaid eligibility. You may not be able to back out of a viatical contract once you have signed it, so you will need to be very certain of what you want to do before you sign.

Source: Massachusetts Department of Insurance

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