top of page

Maximizing VA Benefits: Exploring Rules and Benefits of Establishing A Trust for Your Loved Ones



As a veteran, you may have earned certain benefits from the U.S. Department of Veterans Affairs (VA) that help cover the cost of medical care, education, housing, and other necessities. However, you may wonder whether you can leave these benefits to your family after you pass away. You may be considering setting up a trust, but is it possible to leave VA benefits to family via a trust in Georgia? In this blog post, we will explore this question and provide some guidance on how to create a trust that can distribute your VA benefits to your loved ones.


It's crucial to first understand that VA benefits are typically not regarded as property in the same way as other assets like a house, car, or bank account. Instead, VA payments are viewed as "personal entitlements" that are only due to the veteran. This implies that, in most cases, a veteran's VA benefits do not descend to their heirs as part of their estate when they pass away. A veteran may, however, under specific circumstances transfer their benefits to their family members.


For example, if a veteran has a dependent spouse or child who is also eligible for VA benefits, the dependent may be able to receive benefits after the veteran's death. This benefit is known as the Dependency and Indemnity Compensation (DIC). DIC is a tax-free benefit for surviving spouses of service members who died while on active duty or as a result of a service-connected accident or illness. These benefits may be available, for instance, if a veteran with a 100% service-connected disability rating passes away. Additionally, the veteran's dependent child( under the age of 18) may also be qualified for these benefits.


Another way to leave VA benefits to family members is by setting up a trust. A trust is a legal arrangement in which a trustee holds and manages assets on behalf of beneficiaries. The terms of the trust can specify how and when the assets should be distributed to the beneficiaries. In some cases, it may be possible to set up a trust that can distribute VA benefits to your family members after you pass away.


In Georgia, it is possible to leave VA benefits such as a VA pension to a person with special needs through a special needs trust or supplement trust. A Georgia special needs trust is a type of trust that is used to provide for the needs of an individual with disabilities. It is designed to help individuals with disabilities maintain their eligibility for government assistance programs, such as Medicaid and Supplemental Security Income (SSI), while also providing for their care and support.


The procedures for establishing a special needs trust in Georgia to distribute VA benefits are comparable to those in other jurisdictions. Generally speaking, the trust must be appropriately set up, funded, and the conditions must be compliant with VA guidelines. The trust must specifically be a "irrevocable" trust, which implies that once it is established, the veteran cannot alter or abolish it. The trust must also adhere to certain guidelines for using VA benefits, such as limiting their use to specific expenses or making sure they do not prevent the veteran from getting other government benefits like Medicaid or SSI. Additionally, the trust cannot be used to pay for expenses that are not related to the person's special needs or disability.


It's imperative to consider that creating a trust to distribute VA benefits can be a complicated process that can be challenging to handle without the aid of an attorney. The VA advises veterans and their families to speak with an attorney who is well-informed of the VA procedures and the particular requirements for establishing a trust that can disburse VA benefits.


In conclusion, Georgian veterans may be able to pass VA benefits to heirs through a trust. However, the laws governing VA benefits and trusts can be intricate, so it's crucial to work with an attorney who can direct you through the procedure. The Law Office of L.M. Otey can assist with the careful preparation and planning for distribution of your VA benefits so that you are able to provide for and support your loved ones even after your passing.

60 views0 comments

Comments


bottom of page