Sivia Law Veterans Planning
How We Help Veterans
Estate planning for veterans involves specialized considerations and benefits that our firm is uniquely positioned to address.
From maximizing VA benefits to ensuring proper distribution of military pensions and survivor benefits, we offer tailored solutions to meet the unique needs of veterans and their families.
Our experienced attorneys understand the complexities of military benefits and estate planning laws, allowing us to provide comprehensive guidance and personalized strategies that protect assets, minimize taxes, and ensure the legacy and well-being of our veteran clients and their loved ones.
What Are Veterans Benefits?
The Veterans Administration has multiple pension programs: Special Monthly Pension, Housebound, and Aid & Attendance (A&A). To qualify for these benefits, you must be over the age of 65. To qualify for Aid & Attendance, the individual must be a veteran or be the surviving spouse of a Veteran that has served at least 90 days or more on active duty with 1 day beginning or ending during a period of war they may be eligible for this VA non-service connected disability pension.
These benefits are helpful because not only does it cover the Veteran that served, but the spouse of the Veteran.
Who Qualifies For Veterans Benefits?
Veterans must have at least 90 days of active duty, including one day during a wartime period, to qualify for a VA pension. The 90 days does not have to be continuous. At least 90 days of active duty service during WWI, WWII, Korean War, or the Vietnam War (09/16/40 to 07/25/47, 06/27/50 to 01/31/55, and 08/05/64 to 05/07/75). If you served less than 90 days, you may be eligible if discharged for a service-connected disability.
If the active duty occurred after 9/7/1980, you must have served at least 24 months or the full period that you were called up (with some exceptions).
Eligible Veterans must also be:
- Age 65 or older with limited or no income, OR
- Totally and permanently disabled, OR
- A patient in a nursing home receiving skilled nursing care, OR
- Receiving Social Security Disability Insurance, OR
- Receiving Supplemental Security Income
A Survivors Pension is calculated to be an amount equal to the difference between your countable family income and the annual pension limit set by Congress. For spouses or unmarried children to qualify for the Survivors Pension benefit, the deceased Veteran must have met the following service requirements:
- Veterans must have at least 90 days of active duty, including one day during a wartime period, to qualify for a VA pension. The 90 days does not have to be continuous. At least 90 days of active duty service during WWI, WWII, Korean War, or the Vietnam War (09/16/40 to 07/25/47, 06/27/50 to 01/31/55, and 08/05/64 to 05/07/75).
- If the active duty occurred after 9/7/1980, you must have served at least 24 months or the full period that you were called up (with some exceptions).
- Was discharged from service under other than dishonorable conditions.
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