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Viatical Settlement Regulations by State

A Policyholder's Guide To Viatical Settlements

Home » What Is a Viatical Settlement? » Viatical Settlement Regulations by State

Viatical settlements are regulated at the state level, and the specific viatical settlement regulations by state determine who can buy policies, how offers are made, and what disclosures policyholders must receive. Understanding these laws helps ensure your settlement is handled safely and in full compliance with state insurance departments.

How States Regulate Viatical Settlements

Every state sets its own standards for licensing, disclosures, and consumer protections. In most states, a viatical settlement can only be completed through licensed brokers and licensed providers—meaning both the intermediary representing you and the company buying your policy must be formally authorized by the state’s Department of Insurance.

These regulations define how policies are appraised, how offers are presented, and how funds are transferred. They also require that payments move through a licensed escrow agent, protecting policyholders by ensuring funds are received before ownership of the policy changes hands.

Windsor Life Settlements operates only in fully regulated states and works exclusively with licensed institutional buyers. Every transaction is handled through state-approved processes that prioritize compliance and consumer protection.

Licensing Requirements for Viatical Settlement Brokers

To legally represent policyholders, brokers must be licensed in the state where the insured resides. This license verifies that the broker has met education, financial responsibility, and ethical standards. Licensed brokers are required to disclose all fees, commissions, and conflicts of interest before a transaction occurs.

As a licensed viatical settlement broker, Windsor Life Settlements adheres to each state’s regulatory framework. We represent policyholders only—not buyers—and our role is to create competition among multiple licensed providers to secure the strongest offer available.

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Consumer Protections in State-Regulated Viatical Settlements

State laws are designed to ensure that policyholders are treated fairly and have the right to make fully informed decisions. Most states require:

  • Written disclosures that identify every party involved and the total amount you will receive.
  • A right of rescission period, typically between 15 and 30 days, allowing you to change your mind even after signing.
  • Secure escrow accounts for all funds until the policy transfer is complete.
  • Verification that buyers and brokers are properly licensed and compliant with current regulations.

 

These protections make the viatical settlement process one of the most regulated and transparent secondary markets in the insurance industry.

Examples of State-Level Oversight

Many states—such as Florida, New York, Texas, Illinois, and California—have detailed statutes that define how viatical settlements must be conducted. They specify everything from how life expectancies are verified to how long buyers must keep transaction records.

While nearly all states regulate viatical settlements today, a small handful continue to operate under limited frameworks. Windsor monitors these regulations closely and accepts clients only in states with active consumer protection standards in place.

If you’re unsure about your state’s rules, Windsor can verify whether viatical settlements are regulated where you live and confirm that your transaction would be fully compliant.

Finding Your State’s Viatical Settlement Laws

You can review your state’s specific viatical settlement regulations by visiting your Department of Insurance website or by requesting a summary directly from Windsor. As part of our policy review, we’ll identify the applicable licensing requirements and provide clear documentation of your rights under state law.

Why State Compliance Protects You

Compliance isn’t just about paperwork—it’s about safety. Working with a licensed broker in a regulated state means your policy cannot be sold without proper disclosures, your funds are always secured through escrow, and your rights are protected throughout the process.

Windsor’s strict adherence to state-specific viatical settlement regulations ensures that every transaction meets both state and federal legal standards, giving you confidence that your settlement is handled correctly from start to finish.

The Bottom Line

While the process of selling a policy is similar nationwide, the details vary depending on where you live. Understanding your state’s viatical settlement laws—and working with a broker licensed to operate there—is the best way to ensure a fair, transparent transaction.

If you’re considering a viatical settlement and want to know whether your state allows it, Windsor Life Settlements can confirm your eligibility and guide you through every step in compliance with your state’s specific regulations.

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