Skip to main content
WyomingLawHelp.org
 
A guide to legal help in Wyoming
 
 
 
 
  Search This Site
   Need Help with Your Search?
Find Legal Help On Powers of Attorney & Viatical Settlements
Related Resources
Viatical Settlements
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 & Money
by: Developed from materials provided by the Federal Trade Commission

Facts & Helpful Hints

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. 

  • Selling your life insurance policy to a viatical settlement company can help ease the burden of your final days.
  • It can also be expensive, complicated and emotional.

Taxes and Public Benefits

If you sell your life insurance policy, you will get a lump sum of cash in return. 

Taxes

The federal government will not tax this money

  •  If you have less than two years to live, and; 
  •  The company is properly licensed. 

Also, because Wyoming has no personal income tax, this will not be taxed by the state.

Even so, the answers to tax questions may not be clear cut due to questions about licensing and how long you will live.

For this reason you should consult a lawyer or tax expert to help you understand your options.

Public Benefits

Collecting this money can keep you from getting public benefits, such as Medicaid.  Things like Medicaid may be affected because public benefit programs may count the money as income.

This is another reason to consult an expert before choosing.

You can also ask your viaticdondondon'tnt company about tax and public benefit issues.  If they don't have the answers ask them where you can find answers.

 

Helpful Hints

Use these tips to avoid costly mistakes and to help you make the choice that right for you

  • Shop around.

Contact two or three companies to find the best deal. 

  • Check with the State Attorney General's Office or the State Department of Insurance

Find out if companies must be licensed.  If the answer to this is yes, make sure your company is licensed. 

See if there have been any complaints against the company before you sign on with them.

  • Don't fall for high pressure tactics.  You don't have to accept an offer.  You are allowed to change your mind. 

In fact, some states require you to take 15 days to think it over before completing a viatical settlement. 

  • Make sure the company you are using has the money to pay you. 

Smaller companies may have cash flow problems.  Ask the company to set up an escrow account with a trustworthy bank. Your money can then be put in the
escrow account.  That way you know you will be paid.

  • Ask for your money right away. 

It should take no more than few months to get your money from the time you first meet with the viatical settlement company.  After all the paperwork is done it should only take a few days to get your money out of escrow.

  • Tthink about your will. 

If you take a viatical settlement there will be no life insurance payments to the person you made your beneficiary.  

Think about whether you would like to make provisions
for this person in your will.  Think about whether to talk to this person about your plans.

Last Reviewed On: 08/11/04
 
 

 

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 Wyoming Legal Services, 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 deal.  Be sure to shop around.
  • 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. 
  • It is important to understand that if you email WLWP and put facts about your case in the email that WLWP will keep your information confidential.  It is also important to understand that what you put in your email may not be confidential if you go to litigation on your legal problem.  This means that the information you provide could be used against you in court.  This is not a good thing!  Think twice about what you write in an email!  If you have any concerns at all, call our offices or talk to a lawyer!
  • For all these reasons, you may wish to use the telephone or talk in person when looking for a 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. 
  • If you don't have a lawyer call the clerk of court to find out what deadlines apply to you.

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 Wyoming LawHelp is offered as a public service by Wyoming Legal Services.

Wyoming Legal Services is a statewide program that works to improve access to justice for Wyoming citizens.  Wyoming Legal Services  provides free legal services, including legal analysis, representation, information and education to low-income persons.  We also provide free advice & referral services to Wyoming senior citizens. 

The work of Wyoming Legal Services relies on grantors and private donations.  All donations are tax deductible.

The Wyoming LawHelp Stakeholder Advisory Committee includes (in alphabetical order):  Balwin & Crocker, PC, Centros de Recursos Latinos (Latino Resource Center), The Legal Services Clinic (University of Wyoming), The Self-Help Center, The Students` Attorney Office (University of Wyoming), The Wyoming Guardianship Corporation, Wyoming Legal Services, The Wyoming State Bar Foundation and The Wyoming Supreme Court

Legal Services Corporation