Viatical settlements

When the insured has a terminal or chronic illness, the rules change — and the payout is typically much larger than a standard life settlement.

A viatical settlement is the sale of a life insurance policy by someone who has been diagnosed with a terminal or chronic illness. Because the buyer expects to collect the death benefit sooner, they pay more — often significantly more than a standard life settlement would return.

How a viatical differs from a life settlement

In a standard life settlement, the buyer is betting on life expectancy statistics. In a viatical, there is a specific diagnosis with a documented prognosis. That certainty commands a higher price. Buyers in the viatical market are typically institutional investors who specialize in this asset class and price policies based on medical records, the specific diagnosis, and current treatment protocols.

Who qualifies for a viatical settlement

The insured must have a terminal illness — typically defined as a life expectancy of 24 months or less — or a chronic illness that meets certain functional criteria. The policy itself must still meet the usual requirements: sufficient face amount, in-force status, and a contestability period that has passed. Most universal life, whole life, and convertible term policies qualify if the underlying health criteria are met.

Tax treatment

Proceeds from a viatical settlement are generally excluded from federal income tax when the insured is terminally ill (life expectancy of 24 months or less). Chronic illness viaticals may also qualify for exclusion under certain conditions. State tax treatment varies. This is a significant advantage over a standard life settlement, where proceeds are typically partially taxable. You should confirm the tax treatment with your own advisor before proceeding.

Effect on public benefits

Receiving a lump sum from a viatical settlement can affect eligibility for Medicaid and other means-tested programs. If the insured or their family relies on these programs, this needs to be evaluated carefully before any sale. A special needs trust or structured settlement may be worth exploring.

The process

The process is similar to a life settlement but moves faster and requires medical records. The broker will request an attending physician statement and relevant medical records. Buyers typically respond within two to four weeks. Closing takes another two to four weeks after an offer is accepted. The total timeline is usually 60 to 90 days, though it can be shorter when the diagnosis is clear and the documentation is complete.

Zen Cash's role in a viatical

We screen the policy and the situation the same way we do for a life settlement. If it looks like a viatical, we refer it to a broker who works specifically in that market. We are paid by the broker only if a sale closes. Nothing here obligates you to sell.

Find out whether a viatical settlement is an option.

One short conversation is usually enough to tell you whether the situation qualifies and what the process would look like.