Skip to main content
WyomingLawHelp.org
 
A guide to legal help in Wyoming
 
 
 
 
 
   Need Help with Your Search?
Find Legal Help On Powers of Attorney & Viatical Settlements
Related Resources
Viatical Settlements & Money
By: Developed from materials provided by the Federal Trade Commission
More on Powers of Attorney or POA
By: Wyoming Legal Services - Lander Office
Helping Others Help You (Powers of Attorney or POA)
more...
Viatical Settlements
by: Developed from materials provided by the Federal Trade Commission

A Guide for People with Terminal Illnesses

If you have a terminal illness and are going to die - or if you are caring for someone who is - you may be thinking about time and money. 

You may also be thinking about life insurance. 

If you have heard the words "accelerated benefits" and "viatical settlements" this pamphlet can help you better understand your options.

What are accelerated benefits?

Accelerated benefits are also called "living benefits." 

These benefits are money that you get from a life insurance policy. If your benefits are accelerated this means that you get some or all of the money from your life insurance policy before you die.

Sometimes, this type of benefit is included in a policy when it is sold.  Sometimes you have to pay extra for it. 


What is a viatical settlement?

When you take a viatical settlement you sell your life insurance policy to a viatical settlement company.  In return the company gives you a lump sum of cash.

A viatical settlement works this way:

  • First, you assign your life insurance policy to the company;
  • Second, you get a percentage (portion) of the value of the policy; 
  • Third, the company becomes  beneficiary (the person who takes policy money on your death);
  • Fourth, company pays your policy premiums;
  • Fifth, when you die, the company collects the face value of the policy.

Ask people you trust for help choosing

  • Life insurance affects your child, your friends and people who are helping to take care of you. 
  • Before making changes to your policy, talk to friends and family. 
  • Talk to a lawyer, an accountant or a financial planner to make sure your choice will work the way you want it to.

You have choices

You have choices.

  • If you need money right away, you might think about asking for a loan from someone.  A private loan is often less expensive than taking a viatical settlement.
  • The person who will collect under your life insurance policy may be willing to loan you money. 
  • Or, you might sell your life insurance policy through a viatical settlement. 
  • Another choice is to opt for an accelerated benefits plan.

What is an accelerated benefits plan?

Many life insurance policies include this kind of plan.

Under this type of plan you can collect from 25 to 100 per cent of your death benefit as early payment.  Be aware that 

  • Early benefits are only paid under certain conditions. 
  • Amounts and methods of payment vary greatly.

To find out how your policy works, ask your insurer.

Who to ask?

If you own a life insurance policy, you can call your State Insurance Commissioner or your company for answers to your questions.  Ask if your policy allows for accelerated benefits or loans.  Ask if there are any fees for these things.

Be aware that

  • Some insurers offer accelerated benefits for an added fee. 
  • Other insurers only charge if use your accelerated benefits.
  • In most cases, the value of the policy is reduced by benefits paid early.
  • There may be a service charge.

 


 

Last Reviewed On: 08/09/04
 
 

 

Using Wyoming LawHelp (Please Read)

Information, Not Legal Advice.  

  • Everybody's problems are unique.  This website cannot tell you how your case will be decided.  
  • This website can be used to help you learn the law.  It can help you understand your rights.  It can assist you in getting the help you need. 
  • If you need more help than this website can give on your specific problem, you should contact a lawyer.  If you are low-income and wish to apply for an attorney through Legal Aid of Wyoming, please click here.
  • Whether you are low-income or not, if you have questions about your case or are uncertain in any way, it is a good idea to talk to a lawyer before taking legal action.

Hiring a Lawyer.  

  • Hiring a lawyer is a big decision.  
  • Before hiring a lawyer, you should ask a lot of questions. 
  • Hire a lawyer you feel you can trust. 
  • This website gives information on what to look for in a lawyer.  This web site is not advertising for any  particular lawyer.

E-mail. 

  • Using this website or sending an e-mail to Wyoming LawHelp does not mean that Wyoming LawHelp is your lawyer. 
  • Deadlines
  • If you are handling your own case or do not yet have a lawyer, it is very important that you not miss deadlines!  You may lose your legal rights if you do not take action right away. 
  • This means getting a lawyer right away if that is what you want.  
  • Getting It Right
  • Wyoming LawHelp is offered as public service.  We try to make the information correct as of the date of the materials. 
  • Sometimes the laws change.  We cannot promise that this information is always up-to-date and correct, but we are doing our best to give you the best information we can.

Links

  • Sometimes we link to legal information given by other websites.  
  • We cannot say with absolute certainty that these other links have gotten in right. 
  • We do not sponsor these other links or use any trade name, trademark, logo, legal or official seal used at these links.
Powered by ProBono.Net

The WyomingLawHelp.org is a project of Legal Aid of Wyoming, Wyoming Access to Justice Commission, the Wyoming Center for Legal Aid, Wyoming State Bar, Wyoming State Bar Foundation and the University of Wyoming College of Law.     

Legal Services Corporation