VIATICAL & LIFE SETTLEMENTS CONSUMER INFO

for Prudent Sellers and Investors

We do not buy
or sell
viatical or life settlement contracts

 

 

 

 

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State Laws to Protect Sellers (Viators)

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When this Web site went up in January 1998, half the states did not have any viatical regulation. As of June 2001, all but 14 regulated viatical settlements for the protection of those who sell their policies. However, most regulations apply only to people who are terminally ill. Only a few states also regulate sales from people who are elderly but not terminally ill (generally know as "senior"  or "life" settlements).

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Most states that regulate viatical settlements do not require fingerprint checks or investigative background checks. They expect applicants to tell the truth and hope that they do.

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Viatical law should state your rights as a seller (viator). These rights are not the same for all viators. They differ according to the law of each state.

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Most states require financial statements, and contract forms must be approved before they may be used. Most states require certain disclosures by viatical companies, and certain protections for viators (sellers).

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Some states issue licenses to highly questionable companies, because they haven't the funds nor the staff to check these companies and, it appears, officials from one state don't talk to officials in other states often enough to keep them savvy.

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The following states have something on the books. That something may be nothing more than registration of viatical funding firms and viatical brokers, or it may have elaborate details and no means to enforce the laws. To find out if your state has adequate laws, contact your state Insurance Department for a copy. If the state has a website, you may find the statutes at http://www.findlaw.com

2005 UPDATE: Some states now allow any insurance agent or broker who wants to solicit policy holders to do so on whim -- without any training, without any qualifications whatsoever. This may put seniors at risk, if an insurance agent tells the senior that this is the best choice when it is the best deal for the agent. Be sure to get an outside opinion from an estate planning attorney or qualified financial planner.

For lists of licensed companies, click HERE 

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© 1998 - 2009 Bialkin Books, publisher of viatical books banned in Texas and Florida
(at the behest of companies that consider informed consumers dangerous to their bottom line):
Viatical Litigation: Principles & Practice - the first legal text on the industry
Viatical & Life Settlements: An Investor's Guide
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For Consultation/Seminars 1-888-798-BOOK (1-888-798-2665)