February 26, 2023

Estate Planning For Veterans: Understanding Benefits and Protections

Estate planning is an essential process that helps you secure your assets and ensure your loved ones are taken care of after your passing. However, for veterans, estate planning may involve a few additional steps and considerations.

The aim of this article is to delve into the topic of estate planning for veterans, which includes the distinct benefits and protections they can access. Whether you are a veteran or a relative of a veteran, comprehending these benefits can assist you in making well-informed decisions regarding your estate plan.

VA Benefits for Veterans

The Department of Veterans Affairs (VA) offers various benefits that you, as a veteran, may qualify for. These benefits can offer financial assistance to you and your family, which can be extremely valuable when planning your estate.
The VA Pension is among the most noteworthy benefits accessible to veterans. It’s a tax-free benefit that veterans can receive if they satisfy certain criteria. In order to be eligible, veterans must have served on active duty for a minimum of 90 days, with at least one day served during a wartime period.

To determine your eligibility for the VA Pension, a means test is conducted, which involves taking into account your income and assets. But if you do qualify for this benefit, it can offer extra income that can be utilized to support your loved ones and augment your estate.

Apart from the VA Pension, veterans might also qualify for other benefits, like disability compensation, healthcare, and education benefits. These benefits can assist both you and your family in numerous ways, and it’s crucial to explore all the options that you’re eligible for.

When it comes to estate planning, it’s important to consider how these benefits may impact your assets and your overall plan. Working with an experienced estate planning attorney who understands the VA benefits system can help you make the most of these benefits while protecting your assets for your loved ones.

Protections for Surviving Spouses

One of the most significant concerns for many veterans is ensuring that their surviving spouse is taken care of after they pass away. Fortunately, there are protections in place to help ensure that surviving spouses receive the benefits and support they need.

The Survivors’ and Dependents’ Educational Assistance (DEA) program is an example of such protection. It provides educational and training opportunities to surviving spouses and children of veterans who either passed away due to their service or are permanently and totally disabled as a result of their service.
Qualified dependents can obtain up to 45 months of educational and training benefits through the DEA program, which can be applied towards various educational programs, such as college, vocational training, and apprenticeships.

Surviving spouses of veterans, in addition to the DEA program, may be eligible for VA Pension benefits, which can include a portion of the benefits if the veteran was receiving them at the time of their passing. It’s important to note that there are specific requirements that must be met to qualify for these benefits, so it’s essential to work with an experienced estate planning attorney who can guide you through the process.

Overall, the protections available to surviving spouses of veterans can provide valuable support and financial assistance during a difficult time. By understanding these benefits and working with an experienced attorney, you can help ensure that your surviving spouse is taken care of after your passing.

Planning for Disability

Many veterans are worried about the disabilities that they may incur as a result of their service, which may hinder their ability to make decisions, handle finances, or take care of themselves. To tackle these concerns, it’s crucial to integrate planning for disability in your estate plan. This can be accomplished by assigning a trusted individual to act as your agent under a power of attorney or by establishing a trust that will manage your finances and assets.

If you become incapacitated and are unable to make decisions for yourself, having a power of attorney in place can help ensure that your affairs are managed according to your wishes. This can involve managing your finances, paying bills, and making healthcare decisions on your behalf.
A trust can also be a useful tool for managing your assets in the event of disability. By creating a trust, you can appoint a trustee to manage your assets and property for your benefit if you become unable to manage them yourself. This can help ensure that your assets are protected and used for your care and support.

It’s vital to collaborate with an experienced attorney who understands the distinct needs of veterans when developing a disability plan. The right attorney can help you pinpoint the appropriate strategies and tools to tackle your concerns and make sure that your desires are carried out if a disability occurs.

Overall, planning for disability is an essential part of estate planning for veterans. By taking the time to create a comprehensive plan, you can help ensure that your affairs are managed according to your wishes and that you are protected in the event of disability.

Long-term Care Planning

Long-term care planning is a significant concern for veterans, as many of them may require extensive care either at home or in residential facilities as they age. To support veterans in accessing long-term care services, the VA provides a variety of programs, including in-home care, adult day care, respite care, and nursing home care. Additionally, the VA offers healthcare services, such as palliative care, hospice care, and home-based primary care. However, veterans must first register for the VA healthcare system to access these services. Once enrolled, veterans can collaborate with their healthcare provider to determine the best care for their requirements.

Veterans may qualify for Medicaid, a federal and state program designed to assist low-income individuals in obtaining long-term care services, in addition to VA benefits. Medicaid can provide coverage for long-term care services like nursing home care, in-home care, and others. It’s vital to take into account the cost of long-term care and its potential impact on your estate while planning your estate. Working with an experienced estate planning attorney can help you recognize the appropriate tactics for managing care costs while safeguarding your assets for your loved ones.

Overall, long-term care planning is an essential consideration for veterans as they age. By understanding the available benefits and working with an experienced attorney, veterans can help ensure that they receive the care and support they need while protecting their assets for their loved ones.


Estate planning for veterans involves unique benefits and protections that are essential to consider when creating a comprehensive plan. From VA benefits to protections for surviving spouses and planning for disability and long-term care, there are many factors to take into account when planning your estate.

By working with an experienced estate planning attorney who understands the needs of veterans, you can ensure that your plan is tailored to your specific needs and concerns. Your attorney can help you identify the right strategies for protecting your assets, accessing benefits, and ensuring that your wishes are followed in the event of incapacity or passing.

Whether you are a veteran or a family member of one, it’s crucial to devote time to devise a comprehensive estate plan that considers your distinct needs and concerns. By doing so, you can guarantee that your loved ones are well-taken care of, and your desires are implemented as you intended.

Estate planning ultimately provides you with a sense of security. By dedicating time to plan for the future, you can ensure that your loved ones are cared for and your legacy is preserved for future generations. By collaborating with a proficient estate planning attorney, you can formulate a plan that caters to your particular requirements and provides you with the tranquillity you deserve. Call Hunter Sargent, PLLC today to find out which options suit you best.

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