What unique estate planning issues do disabled veterans face?

On Behalf of | Aug 30, 2024 | Estate Planning, Veterans Benefits |

Disabled veterans face unique challenges when planning their estates. Understanding these factors is crucial to creating a comprehensive and effective estate plan.

Protecting VA benefits

Disabled veterans receive various benefits, such as disability compensation and pensions. These benefits are often vital to their financial well-being. When creating an estate plan, individuals must ensure these benefits are protected. 

For example, veterans should avoid leaving assets directly to a disabled child, as it could disqualify them from means-tested benefits like Supplemental Security Income (SSI) or Medicaid. Instead, setting up a special needs trust can preserve the child’s eligibility for these benefits while allowing them to benefit from the inheritance.

Addressing long-term care needs

Long-term care is a significant concern for many disabled veterans. Planning for these needs requires understanding how to pay for care without depleting assets or losing eligibility for VA benefits. Veterans can consider options like purchasing long-term care insurance or setting aside funds in a dedicated trust. 

It is also necessary to plan for the possibility of needing Medicaid to cover nursing home costs. Veterans in Tennessee should work with an estate planning attorney familiar with both VA benefits and Medicaid to navigate these complex issues.

Ensuring family provision

Disabled veterans may have dependents who rely on them financially. Estate planning should include provisions for these family members, ensuring they receive the necessary support after the veteran’s passing. Veterans should consider how life insurance, retirement accounts, and other assets can be used to provide for their families. 

Additionally, veterans should be aware of how their disability benefits may impact their estate and take steps to minimize tax liabilities and protect their family’s financial future.

By considering these factors, disabled veterans can create an estate plan that meets their needs and protects their loved ones.

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