FAQ about Viatical Settlement in New York
How does the viatical settlement process work in New York?
The process in New York involves selling your life insurance policy to a third party for a cash amount less than the death benefit but more than the cash surrender value. Initially, you would contact a viatical settlement company like American Life Fund, which specializes in these transactions. They will review your life insurance policy and medical records to provide a settlement offer. Upon acceptance, you receive a lump sum payment, and the company takes over the policy premiums and becomes the beneficiary.
Are viatical settlements taxed in New York?
The taxation of viatical settlements in New York, as in other states, depends on the circumstances of the settlement. Generally, viatical settlements are not taxed if the insured is chronically or terminally ill, according to IRS guidelines. However, tax laws are complex and can change, so consulting a tax advisor for the most current advice is recommended.
Can I change my mind after accepting a viatical settlement offer in New York?
Yes, New York regulations typically provide a rescission period during which you can change your mind after accepting a viatical settlement offer. This period is often 15 days from the date you receive the settlement funds. If you decide to rescind the agreement within this period, you must return all funds received.
How does New York protect my privacy during the viatical settlement process?
New York has strict laws and regulations to protect your privacy during the viatical settlement process. Providers are required to adhere to confidentiality standards, ensuring personal and medical information is securely handled and disclosed only as necessary to complete the settlement.
How do I choose a viatical settlement provider in New York?
When selecting a viatical settlement provider in New York, look for reputable, licensed companies such as American Life Fund. It’s important to assess their experience, customer service, and compliance with New York regulations. Consulting reviews and seeking recommendations can also help in making an informed decision.
What rights do policyholders have in viatical settlement transactions in New York?
In New York, policyholders have several rights in viatical settlement transactions, including the right to a detailed disclosure statement from the provider, outlining the terms of the settlement; the right to privacy protection; and the right to rescind the settlement within a specific period after receiving the funds.
What happens if my life expectancy changes after I have sold my policy?
Once the policy is sold, any changes to your life expectancy do not affect the settlement. The viatical settlement provider, such as American Life Fund, assumes the risk. This means the initial agreement remains in place regardless of any changes in health status after the policy sale.