What type of risks may proceeds from a viatical settlement be subject to?

Proceeds from a viatical settlement can indeed be subject to creditors' claims. A viatical settlement involves selling a life insurance policy to a third party for a lump sum cash payment, typically at a discount. This transaction is often pursued by individuals facing terminal illnesses, allowing them to access funds to cover medical expenses or other urgent financial needs.

If the seller of the policy has outstanding debts or obligations, creditors may legally pursue claims against the proceeds from the viatical settlement to satisfy those debts. This means that the cash received from the settlement may not remain entirely with the seller if they are subject to legal claims by creditors. Depending on the jurisdiction and specific circumstances, creditors can seek to attach these proceeds to recover amounts owed by the individual, demonstrating the exposure of viatical settlement proceeds to creditors' claims.

Understanding this risk is crucial for individuals considering a viatical settlement as a financial option, as it impacts their financial planning and management of any existing debts.