Financial

Viatical Settlement

Terms related to the financial mechanics, value, and tax treatment of policies.

Definition

What Is Viatical Settlement?

A viatical settlement is the sale of a life insurance policy by a terminally ill policyholder — typically with a life expectancy of two years or less — to a third-party investor for a lump-sum cash payment. The payment is typically higher than the policy's cash surrender value but lower than the death benefit. The investor pays future premiums and receives the death benefit at the insured's death. Federal law generally treats viatical settlements as income-tax-free for terminally ill individuals who meet IRS criteria. Viatical settlements are regulated separately from life settlements, which involve non-terminally ill policyholders, and are subject to specific licensing requirements.

Nevada Context

Nevada regulates viatical settlements under NRS 688A. Only Nevada-licensed viatical settlement providers and brokers may solicit or negotiate viatical settlements with Nevada policyholders. Nevada consumers should work with licensed professionals and consult a tax advisor before proceeding.

How It Affects You

A viatical settlement can provide substantial cash — far more than surrendering the policy — at a time when financial resources are critically needed. The tax-free nature of proceeds for terminally ill individuals is a significant benefit that distinguishes viaticals from life settlements.

Real-World Example

Viatical Settlement in Practice

A Nevada policyholder diagnosed with terminal ALS sells his illustrative $500,000 universal life policy to a licensed viatical settlement provider for $285,000; the tax-free proceeds fund his care needs and final wishes without burdening his family.

Dollar amounts shown are illustrative. Actual amounts vary by carrier, applicant age, health status, and individual underwriting.

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