A viatical settlement is similar to a life settlement but specifically involves the sale of a life insurance policy by a terminally or chronically ill individual. The policyholder sells the policy for a lump sum payment (typically 50% to 80% of the death benefit) and uses the proceeds for living expenses, medical care, or any other purpose. Tennessee regulates viatical settlements under similar but sometimes distinct provisions from life settlements, with additional consumer protections reflecting the vulnerable position of terminally ill policyholders.
Viatical settlements differ from life settlements in several important ways. The insured is terminally or chronically ill (typically with a life expectancy of two years or less for terminal illness viaticals), the settlement percentage of the death benefit is typically higher than a standard life settlement (because the expected payout to the buyer is sooner and more certain), and there may be significantly different tax treatment. Under Section 101(g) of the Internal Revenue Code, proceeds from viatical settlements by terminally ill individuals may be income tax-free, providing a substantial tax benefit compared to life settlements. This tax-free treatment applies when the insured is certified by a physician as terminally ill (life expectancy of 24 months or less).
Tennessee requires that viatical settlement providers be licensed by the TDCI and comply with enhanced disclosure requirements designed to protect vulnerable individuals. These disclosures must be provided in clear, understandable language and include the tax implications of the settlement (including the potential tax-free treatment under Section 101(g)), the impact on government benefits such as Medicaid and Supplemental Security Income (SSI), alternatives to the viatical settlement (including accelerated death benefit riders), the amount of the settlement relative to the policy's death benefit and cash surrender value, the buyer's identity and intentions, and the right to rescind the agreement within a specified period.
The impact on government benefits is a particularly important consideration for terminally ill individuals who may be receiving or expect to receive Medicaid, SSI, or other means-tested benefits. Settlement proceeds may be counted as an asset or income for purposes of determining eligibility for these programs, potentially disqualifying the individual from benefits they need for ongoing medical care. A financial advisor or attorney familiar with both viatical settlements and government benefits should evaluate these implications before the settlement proceeds.
Before considering a viatical settlement, Tennessee residents should explore whether their existing policy includes an accelerated death benefit (ADB) rider. ADB riders allow the insured to access a portion of the death benefit (typically 50% to 80%) upon terminal diagnosis without selling the policy. The ADB provides similar financial relief while retaining ownership and the remaining death benefit for beneficiaries. Many modern life insurance policies include ADB riders at no additional cost, and the accelerated benefits may also be income tax-free under HIPAA provisions for terminally ill individuals.
The key differences between a viatical settlement and an accelerated death benefit are ownership and beneficiary impact. With an ADB, the policyholder retains ownership, the remaining death benefit goes to beneficiaries, and the transaction is between the policyholder and the carrier. With a viatical settlement, the policyholder transfers ownership entirely — the buyer becomes the owner and beneficiary, the original beneficiaries receive nothing, and the policyholder receives a one-time lump sum. The settlement amount is typically negotiated and may vary between providers, while the ADB amount is determined by the policy terms.
A licensed agent in our network can help you understand your policy's accelerated death benefit provisions and evaluate whether a viatical settlement or an ADB is more appropriate for your situation. For terminally ill individuals considering a viatical settlement, consultation with a physician, financial advisor, and attorney is recommended to fully understand the medical, financial, and legal implications.