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Thoughts shared here do NOT constitute legal advice.
We spend a lot of time discussing the VA Aid & Attendance Non Service Connected Disability Pension. But now that the vast majority of our deployed troops are returning home from Iraq and Afghanistan, the V.A. is turning its attention toward meeting the needs of some of the relatively younger generation of able-bodied and disabled veterans. Many of these efforts are centered on easing the transition between military and civilian life. So let’s focus this post on these efforts.
One area of aid for veterans is the Post-9/11 GI Bill, which offers significant assistance for higher education costs. The benefits can cover up to 100% of tuition and fees, and contribute housing costs and books. These benefits may be particularly useful for veterans who entered the military directly from high school. Applying for higher education assistance may help veterans enhance their military skills and training with a degree. However, even if the veteran has already obtained a degree, it is important to recognize that the benefits may still be used for the veteran’s spouse or children. If the veteran chooses the Post-9/11 GI Bill benefits, that same veteran will not be eligible for other similar educational benefits under programs like the Montgomery GI Bill. The election is irrevocable so make sure to get advice!
Many other veterans will elect to enter the civilian workforce directly, but in this economy could use some help finding a job. The V.A. has developed a number of programs to help veterans find jobs and start businesses. The Transition Assistance Program (TAP) offers three-day workshops to help with job searching. There is an Employment and Training Service official located locally in Oceanside who you may contact for Transition Assistance Program information. Various forms of pre- and post-discharge counseling and job search counseling may be available. Additionally, federal benefits have been extended to employers who hire veterans. Finally, if you are interested in starting your own small business, the VA Center for Veterans Enterprise may be helpful for forming or expanding a small business.
However, many of our new veterans are finding themselves in the position of being homeless or disabled. California has the largest population of homeless veterans among the 50 states. Taking care of homeless veterans and the underlying causes of their homelessness is another top priority of the V.A. Health care and housing options exist around the country, including taxpayer-supported facilities such as the Chula Vista State Veterans Home. The V.A. may also provide benefits to veterans who are extremely low income or at risk for homelessness and incarceration.
Finally, service-connected disability may be compensated tax free depending on your disability rating. Over the course of the last four years, the V.A. has seen a 48% increase in claims filed for disability. A large portion of that number is made up of Iraq and Afghanistan veterans and Agent Orange claims that arose from the Vietnam War. As a result, the waiting list for disability claims has doubled despite additional funding for a new computer system and hiring additional claims adjusters. Although the backlog of disability claims is astounding, the Department of Veterans Affairs is working toward processing disability claims and eliminating overdue claims. For many disabled veterans, this benefit can save them from living in poverty.
Clearly, this is not a comprehensive overview of the benefits that might be available to you or someone you know as a recently discharged veteran. Getting effective assistance can help you navigate the benefits available, satisfy the process of qualifying for the benefits, and resume civilian life. Also, avoiding common missteps may save substantial time and money. Contacting a V.A. accredited attorney is the best way to ensure you get the best help for these and other benefits.
VA Aid & Attendance–How Can I Correctly Choose Help for my Application Process?
FREE REPORT: This complimentary report focuses on the various kinds of people one can consult when applying for the Veterans Aid & Attendance benefit. Who one chooses can mean the difference between success and failure. Remember, if you are denied, you may not be able to reapply for up to a year or longer. Download our complimentary report for a behind the scenes look at the different types of people you can consult and the dirty underbelly of the veterans aid & attendance industry.
The Oceanside Contact:
ADVET Joseph D. Moran
moran.joseph@dol.gov
(760) 639-3761
FAX (760)639-3892
Veterans’ Employment and Training Service
U.S. Department of Labor
1949 Avenida del Oro, Ste 114
Oceanside, California 92056
One of the primary goals in Medi-Cal planning is to allow your elderly family to receive the care they need without losing all of their assets in the process. Long term care is often extremely expensive, especially when it involves skilled nursing care facilities or in-home care. Medi-Cal eases the burden for the ill in order to avoid financial ruin.
However, a new study from UCLA found that 57% of Medi-Cal caregivers are being paid at or near the poverty level. Medi-Cal caregivers are the bulk of California’s caregivers, comprising approximately two-thirds of the profession. Additionally, roughly one third of the caregivers do not even have health insurance! For that reason, the study found that they were more likely to go to the emergency room than other groups studied
Due to budget stresses, the state has been trying to cut Medi-Cal funding for the last several months. The cuts, blocked by U.S. District Judge Christina A. Snyder in February and thwarted again by the same judge in March could drive more caregivers deeper into poverty. As part of the proposed cuts to Medi-Cal, in-home caregivers paid by IHSS could see their hours cut by 20%.
The study also found that medical debt is on the rise in California. Although the amount of debt per person was relatively low, there were 400,000 more non-elderly Californians with past due medical debt in 2009 than in 2007. Additionally, the study showed that those who lost their insurance during the year were the most likely to have debt, followed by the uninsured. Additionally, over 18% of Medi-Cal enrollees have medical debt as well.
While the two findings may seem unrelated to one another, they get to the same issue: planning for your healthcare now and in the future is important. If you are working in this volatile job market, you should consider how you could pay for unanticipated medical expenses if you lose your job and employer-provided health insurance. If you have an individual health care plan with a high-deductible, you should consider contributing to your Health Savings Account in order to create a “care nest egg” of sorts. You may even bring up the tax advantages of doing so with your tax advisor.
If you are older or your care needs are more immediate, you should consult with an attorney to determine your eligibility for Medi-Cal and Medi-Care, or VA Aid & Attendance Non Service Connected Pension. Proper planning for eligibility, which may include a QMap or QVap Trust, can ensure that you are not denied coverage due to look-back windows or other technicalities. However, it is important to remember that Medi-Cal funding is volatile as well. Even on its best days, these government programs may not fulfill all your healthcare needs. If it did, the study would not have found so many Medi-Cal enrollees with medical debt.
Supplementing government healthcare with effective long-term care insurance may alleviate or eliminate the burden of uncovered care. Regardless of your particular situation and needs, keeping track of your medical finances is an important part of your estate planning process.
VA Aid & Attendance–How Can I Correctly Choose Help for my Application Process?
FREE REPORT: This complimentary report focuses on the various kinds of people one can consult when applying for the Veterans Aid & Attendance benefit. Who one chooses can mean the difference between success and failure. Remember, if you are denied, you may not be able to reapply for up to a year or longer. Download our complimentary report for a behind the scenes look at the different types of people you can consult and the dirty underbelly of the veterans aid & attendance industry.
I have devoted a fairly significant amount of space on this blog talking about the importance of avoiding disputes related to your estate plan. From the articles here and here, you should be clued in by now that lawsuits over inheritances are no fun. Johann Kaspar Lavater once said, “Never say you know a man until you have divided an inheritance with him.”
Perhaps the most common method of avoiding an inheritance lawsuit is called a No Contest Clause. Essentially, the point of such a clause is that, if a beneficiary contests the will, trust, or trust amendment, that person’s inheritance will be reduced to zero if they lose the suit. Of course, such a clause is most effective in the case of uneven distributions because the contesting beneficiary has something to lose. Note that when someone is disinherited, their inheritance cannot be “reduced” to zero. Thus, including a No Contest Clause to protect against a person who has been disinherited from contesting has no purpose.
No contest clauses are so common at this point, they are practically boilerplate. If you look at your trust, it is probably written in the portion of the document you may not have paid much attention to, but where much of the legal meat is.
If you chose to include the clause because you are concerned about one of your beneficiaries challenging your documents, here are a couple of hints. First, look through all your documents. If it contains a distribution or other important section, make sure it also includes a no contest clause or omission of heirs clause. The clause in your original document will not generally apply to documents created later, such as codicils or amendments. Therefore, if you decide to cut back someone’s inheritance, add a non-relative beneficiary, or even change your trustee, it is worthwhile to make sure that a new no contest clause is included.
Secondly, if you have disinherited a legal heir or left unequal distributions, it may be worthwhile to write a letter about the reasons for your decision. Perhaps you helped a child with a down payment on a house and thought it was fair to treat it as an advance of inheritance. Explaining in writing why you felt this was a fair approach may ensure that the child doesn’t later feel slighted. Perhaps one of your children has had debt problems and you are concerned that creditors will take the distribution. You spoke with your attorney and decided that for whatever reason, creditor protection strategies would not be worthwhile in your case. Explaining that you weighed the options and perhaps even recommended that another beneficiary use a portion of his inheritance to help support the indebted child may avoid some hurt feelings.
The best part is, you don’t even need an attorney to help you with the letter! It is not a binding legal document, but it will provide an answer to otherwise unanswerable questions. A letter may also go a long way toward helping to prove your competency in the event it is later challenged. If you decide to write a letter, I generally recommend starting it off with the phrase “I know this letter has no legal effect but….” (just to make sure there is no question on its effect) and keeping it in a safe place with your other documents. That way, you can destroy it if you later change your mind. You may also want to provide your attorney with a copy at your next trust review.
Although the force of no contest clauses is not terribly strong on its own, coupling it with the above strategies will show that you intend for the clause to be there and you have real reasons for it. It is simply another way to plan while you can!
Estate Planning: The Price of Organization, Rewards, Gifts, and Wondrous Tax Things…
FREE REPORT: This complimentary report, focused on Estate Planning, is comprised of many of Mr. Miller’s articles from his long running column for the largest regional newspaper in San Diego County. This report will guide you through the questions surrounding getting your estate planning in order.
Earlier this year, the maximum VA Aid and Attendance Non Service Connected Disability Pension benefit amounts increased for the first time in several years. On the heels of the announcement, President Obama promised to increase spending for the V.A. and veteran care during his State of the Union address. Yesterday (4/4), a hearing on the V.A. was held in Tacoma, Washington.
Senator Patty Murray, a Senator from Washington and chair of the Senate Veteran’s Affairs Committee, held a three and a half hour hearing on V.A. benefits. One of her main goals has been obtaining housing vouchers for homeless veterans. President Obama recently set a goal for ending veteran homelessness by 2015. In advance of the hearing, the Department of Urban Housing and Development sent out $73 million in housing vouchers for veterans.
Additionally, Senator Murray has been focusing her efforts on female veterans whose numbers are increasing. Senator Murray has stated that some female veterans actually choose being homeless over shelters due to sexual abuse or trauma they suffered while in the military and the poor conditions for women in certain facilities. These vouchers help veterans obtain “regular” housing.
However, the V.A. and Senator Murray realize that they must also focus on some of the root issues that lead to chronic homelessness. California has more homeless veterans than any other state and, as a result, should look forward to being a large beneficiary of the effort to end veteran homelessness. One of the root problems to homelessness is frequently mental health issue like post-traumatic stress disorder (PTSD).
During the hearing, Senator Murray focused on PTSD diagnosis reversals which she suspected may be due to concerns over the cost of adequate treatment. Although a Pentagon official and a senior advisor to Defense Secretary Leon Panetta insisted that cost was not a driving force in the decisions, military officials noted that the diagnosis and treatment of PTSD is sometimes confusing and inconsistent.
Also heard at the hearing were several veterans who testified about their experiences with PTSD diagnoses and inadequate subsequent care. For some, the issue was whether the veterans were eligible for medical retirement as opposed to discharge. All of the veterans who had reversals of their PTSD diagnosis at Madigan Army Medical Center, which is currently under investigation led by Senator Murray, were being considered for medical retirement. Among the benefits at stake is lifetime health insurance.
It is encouraging to see a member of Congress work to obtain and protect the benefits and treatment for veterans of varying ages. Although much of the focus is for recent war-time veterans and their service-related benefits, it is important to remember the benefits available for non-service connected benefits, such as VA Aid & Attendance. Receiving VA Aid & Attendance benefits can help elderly veterans supplement the costs of medical care and skilled nursing facilities. If you believe you may be eligible, contact a V.A. accredited attorney to help you with the process. Planning for eligibility using such tools as a QVap Trust may also ensure that you receive the benefits to which you are entitled. Additionally, even if you are not eligible for Aid & Attendance benefits, donating a portion of your tax refund to the CA Veteran’s Home Fund will ensure that you are doing your part to increase care available to local veterans.
VA Aid & Attendance–How Can I Correctly Choose Help for my Application Process?
FREE REPORT: This complimentary report focuses on the various kinds of people one can consult when applying for the Veterans Aid & Attendance benefit. Who one chooses can mean the difference between success and failure. Remember, if you are denied, you may not be able to reapply for up to a year or longer. Download our complimentary report for a behind the scenes look at the different types of people you can consult and the dirty underbelly of the veterans aid & attendance industry.
In my last article, I covered some of the common pitfalls of attempting to avoid probate by, primarily, placing property in joint tenancy. I’ve saved the biggest zingers for this article.
One of the major problems with this method of avoiding probate is the lack of creditor protection. Although generally clients who wish to put their home or bank account in joint tenancy have a sense that their son or daughter is “good with money,” “responsible,” and “has a good head on their shoulders,” creditor protection should still be a primary concern. For one thing, sometimes clients are incorrect about the status of their children’s finances. Perhaps the child is deeply in debt but too embarrassed to say anything about it. Perhaps the child has tax debt, which can cause the IRS or Franchise Tax Board (FTB) to levy your account. Any number of potential creditor claims could put your finances at risk.
But things happen. No one needs a reminder that we are in a tough economic downturn. People are losing their houses and going bankrupt all over the country all the time. Although I hope you and your family are riding through this economic storm relatively unscathed, you should plan for the possibility that that might not be the case. There are many financially responsible people who have found themselves with a house under water and without a job. If your child goes bankrupt, his “assets” must all be listed on the court papers, which includes his joint tenancy assets. But assets in your trust of which he is in charge (i.e. the trustee) are not included in his bankruptcy. Furthermore, your child could get involved in a car accident or lawsuit of some variety in which damages are payable to the other party. If that happens, guess what? YOUR bank account, brokerage account, and other assets are subject to that judgment. Properly planning in advance for these possibilities will ensure that your child is doing what you intended: helping you manage your finances in your old age and inheriting the funds.
Finally, placing property in joint tenancy is helpful to avoid probate, which by definition happens after your passing. However, there are always things that may happen during your life that will null the benefits of joint tenancy. For example, you could become ill and require expensive skilled nursing. Although you may be able to qualify for Medi-Cal or VA Aid & Attendance non service connected disability pension benefits, you generally must spend down your assets before you can qualify. Instead, with proper planning, which may include a QVap or QMap Trust, you could qualify for these healthcare benefits without depriving your family of any inheritance. Additionally, you could become incapacitated and require someone to make financial decisions on your behalf. Many of these types of decisions are difficult enough when those closest to you are aware of your preferences. If you never notify them of your preferences you could risk any number of adverse consequences.
There is a happy medium between the very low cost of simply changing assets into joint tenancy and the high cost of probate. To find out how to strike the balance you need for your family and circumstances, you should consult a competent attorney.
Estate Planning: The Price of Organization, Rewards, Gifts, and Wondrous Tax Things…
FREE REPORT: This complimentary report, focused on Estate Planning, is comprised of many of Mr. Miller’s articles from his long running column for the largest regional newspaper in San Diego County. This report will guide you through the questions surrounding getting your estate planning in order.
Often clients ask whether putting accounts in joint names will avoid probate. The answer is yes, of course, and many people seem satisfied with the response. From there, they put everything in both spouse’s names and, sometimes, add their children to their home deed, their bank accounts, and their brokerage accounts. However, there is a dark side to this type of an “estate plan.”
For one thing, there is still a probate at some point. One person will be the last to die on the list of “owners.” When that person does finally die, probate will be required on that estate. As a result, the better way to phrase it is that the original owner is DEFERRING probate to a later date.
Additionally, when it comes to non-cash assets such as brokerage accounts and real estate, you may end up paying as much or more in capital gains tax by keeping property in joint tenancy. Property owned by you (or an extension of you, such as a trust) or by you and your spouse as community property gets a full “step up” in basis for tax purposes. This means that all pre death appreciation is forgiven by the IRS. So assume, for example, that you purchased a house for $40,000 that is worth $400,000 on your date of death. Your heirs would receive the property with a basis of $400,000 and would only have to pay tax on the gain if they sold the property for more than that amount. However, for property owned as joint tenants, the IRS forgives only 50% of the pre death appreciation. In the exact same situation, if you put your spouse on title for a rental house in order to avoid probate, your spouse would have a basis of $220,000 (50% of the original basis and 50% of the fair market value on date of death). If she sold the property for what it’s worth, she would have to pay tax on $180,000 in gains. If you and your family continue transferring property from person to person, keeping track of basis will become increasingly difficult.
While we’re talking about transferring property, putting someone other than your spouse on title to an asset may be a gift according to the IRS. The IRS has issued a “John Doe” summons for people who have made “gifts” of real property without also filing a gift tax return. The agency is currently searching property records within the state of California to see if they can find unclaimed gifts. Although no actual tax is typically due with a gift tax return, it does decrease how much can be left at death without paying a death tax.
Finally, I find that many of my clients have a preconceived notion about who will die first. A fairly common situation in which an elderly client is ill and decides to put a “child” on title for the client’s house, bank account, and other assets in order to avoid probate and, basically, give the child financial power of attorney. However, in such a case the “child” is often in his 50s or 60s as well. Occasionally, the client will outlive the child. Other times, the child will suffer some catastrophic accident or ailment such as a car accident or stroke that renders the child incapacitated. Now, suddenly, the client only has control over half her assets and cannot sell the house or close the account.
Do any of the above apply to you? In the next post, I will talk about even more pitfalls of focusing your entire strategy solely around avoiding probate. The best way to avoid the unintended consequences is to get started with a comprehensive estate plan.
We also have available a FREE REPORT: A Survival Guide for Those Left Behind: The Price of a Loved One’s Dying Done Right-Rewards, Loopholes, and Other Wondrous Things… This complimentary report is A Survival Guide for Those Left Behind. What do you do when you find your husband expired on the floor? An unpleasant thought, but a prime question for members of the surviving family. Mr. Miller’s complimentary report, written in easy to understand, plain English, will guide you through the questions surrounding the death of a loved one.
The lawsuit challenging the constitutionality of the Patient Protection and Affordable Care Act (generally called “ObamaCare”) has finally made it to the Supreme Court. Today, (3/28) in the third day of arguments, lawyers on both sides of the issue will discuss whether the expansion of Medicaid is within Congress’s power to mandate state spending.
There are 26 states involved in the challenge; California is not challenging the law. The 26 states contend that if they are forced to expand Medicaid, they will be unable to afford to continue participating in the federal program, but also unable to create their own program to help support low-income families pay for their healthcare.
The federal government argues that the states opted into the Medicaid program and that the federal funds associated with the program have always had various restrictions. Additionally, defining eligibility is within the federal government’s abilities. In exchange for complying with federal guidelines, the states receive federal funds to supplement their programs, like Medi-Cal.
At stake in the case is potentially the Medicaid program as a whole. Can the federal government place any restrictions on providing the funding to the states it wants? Will increased Medicaid bankrupt states? Will states begin opting out of the program? The outcome of this case may be the determining factor in answering each of these questions.
I will be monitoring the decision, which is anticipated this summer and California’s reaction when it comes out. For its part, CATO, the independent think-tank, concluded that California’s increase in expenditures will be lower under the ObamaCare plan than it would be under the status quo. This finding may help explain why California has not joined the lawsuit; namely, it’s increased expenditures in the already cash-strapped Medi-Cal system will at least be lower than without the new program.
However, one of the arguments made by the states is that the states have no ability to manage costs created by increases in eligibility. Many states have voluntarily expanded coverage in various ways and would like to back-track those expansions to make up for the cost of additional participants. The law as it stands provides that state Medicaid equivalents must continue to provide the coverage that existed when the law was enacted.
In the short term, it seems that California’s costs will increase simply because eligibility is increased. Meanwhile, California has been trying to cut Medi-Cal funding for the last several months. This week, the 9th Circuit Court of Appeals again blocked California’s effort to cut Medi-Cal reimbursements for providers by 10%. Following the ruling, the state filed an emergency appeal after its attempt to cut Medi-Cal fund was thwarted earlier this year.
In the midst of uncertainty in federal and state health programs, it is important to remember that long-term health, end-of-life, and estate planning should be done comprehensively by an attorney well-versed in all the relevant areas of law. Additionally, keeping your estate plan updated will ensure that, as the law changes, your plan stays ahead of the curve.
Estate Planning: The Price of Organization, Rewards, Gifts, and Wondrous Tax Things…
FREE REPORT: This complimentary report, focused on Estate Planning, is comprised of many of Mr. Miller’s articles from his long running column for the largest regional newspaper in San Diego County. This report will guide you through the questions surrounding getting your estate planning in order.
The Veterans Homes Fund could use your help. On your California income tax return (Form 540), you have the opportunity to donate all or some of your refund to various organizations. The CA Veteran’s Home Fund was added to income tax returns last year. In order to remain on the return, it must generate $250,000 per year. Otherwise, it faces the same fate as Veteran’s Quality of Life Fund which lost its place on the income tax return beginning in 2008.
Now, the Chula Vista State Veterans Home, one of the recipients of these voluntary donations, is urging Californians to allocate a portion their state refund to aid the 312 residents at its facilities and the many others Veterans at similar facilities throughout the state. The facilities supported through this measure help provide affordable assisted living and skilled nursing care to Veterans. Because such care is so expensive, many of the residents run out of money or can’t afford the care. V.A. Aid and Attendance Non Service Connected Disability benefits may provide the only contribution on behalf of the Veteran. By contributing on your tax return, you can help ensure that the Chula Vista State Veterans Home and others can continue providing advanced care at reasonable rates.
In another bright spot for Veteran Homes, Senate Bill 1505, called the “California Keep Our Promises Act,” is designed to provide additional funding for a variety of veteran programs. Among the initiatives are to ensure that all the state administered Veteran Homes are filled to capacity and the fees to live there are decreased from the current levels. California’s Veteran population is the largest in the nation. Thousands of veterans are homeless each night. The Bill calls for funding local non-profits and other organizations that will help alleviate the problem of Veteran homelessness.
However, such a bill will require funding. S.B. 1505 currently suggests changing the California business tax to a single sales factor in order to bring in an estimated $1 billion, of which $600,000 would go to Veteran Homes. Unfortunately, it means that out of state businesses will be required to pay substantially more in tax for doing business in California. Voters defeated a similar measure in Proposition 24 of the November 2010 ballot.
Feelings of gratitude and patriotism are common reactions to any discussion of war-time Veterans. This year, you can choose to show that gratitude by donating a portion of your tax refund to the Veterans Homes Fund. Of course, the best course of action for you and your family is to plan for end of life care adequately in advance. Planning ahead to receive the benefits you will need, possibly through a QVap or QMap trust will allow you to take your future in your own hands. If you believe you might be eligible for the VA Aid & Attendance Non Service Connected Disability Benefit, you can request a free report to help you get it right the first time.
VA Aid & Attendance–How Can I Correctly Choose Help for my Application Process?
FREE REPORT: This complimentary report focuses on the various kinds of people one can consult when applying for the Veterans Aid & Attendance benefit. Who one chooses can mean the difference between success and failure. Remember, if you are denied, you may not be able to reapply for up to a year or longer. Download our complimentary report for a behind the scenes look at the different types of people you can consult and the dirty underbelly of the veterans aid & attendance industry.
There are plenty of things that get better with time like fine wines and cheese. There are also plenty that do not necessarily improve with time: like unresolved family tension. These days, with the number of blended families, unresolved tensions lead to serious estate planning and administration problems. Even worse, the blended family issue can multiply exponentially until it becomes understandably overwhelming.
Consider a couple in their 40s who get divorced. Most likely they will remarry to other people who are getting remarried. Their children are likely in their 20s and may get married, divorced, and remarried with children from both marriages. Now the couple, who originally had an estate plan that essentially passed their entire estate onto their children, has a much more complicated set of questions to answer. How should the divorcee draft an estate plan with her new spouse? Should his children be included? Should she keep a separate property trust? If her child predeceases her, should the assets flow to the minor grandchild? Should her child’s ex-spouse have control over those assets? It’s enough to make your head spin!
No one will tell you answering any of these questions is an easy task. In fact, it may end up being one of the most difficult tasks you’ve ever had. To add to the stress, if you are following my advice, you will have to ask yourself these questions on a regular basis when you review your estate planning documents. However, they are questions that need to be answered for the following reasons:
1. Honoring your wishes. How is anyone supposed to honor your wishes once you are deceased if they do not know what they are? Perhaps the remarried couple in my sample would each like their spouse to set aside some assets just for their children. Perhaps the remarried couple wants the assets to stay with them in case it is needed for long-term care of the survivor. Perhaps failing to address this issue will cause the children to say, “It’s what my mother would have wanted,” and the surviving spouse to say, “No, this is what your mother would have wanted.”
2. “Unfair” distributions. Often remarried spouses do not feel as attached to their step-children as they feel to their own children. If your spouse is given a power to make changes to the distribution plan over all the assets, it is not uncommon that she will distribute them to her own children and cut yours out entirely. Even in A-B Trusts in which each side was to be split equally between his children and her children, the surviving spouse will often amend the survivor’s trust effectively giving the survivor’s children 75% of the estate (all of the survivor’s and half of the other spouse’s share). The more time that passes, the more likely it is that the surviving spouse will change all or some of the distribution in favor of her own family. Properly addressing this possibility can go a long way toward preventing this potential.
3. Family Feuds. The underlying problem in each of the above scenarios is the potential they have to rip a family apart. In this line of work, I have seen it all: People who refuse to speak to their own parents or siblings because the “wrong” person got the wedding china, people who have spent their entire inheritance and more on legal fees to litigate their right to the inheritance, and other occasionally irrational, occasionally erratic, and typically unpleasant behaviors. If your estate administration ultimately devolves into this, the situation very rarely improves with time.
It is not uncommon to feel uneasy about how blending your family will impact your estate plan. In fact, it is completely normal to prefer to avoid the subject altogether. However, an open and frank conversation about resolving these questions is the best way to ensure that your family and your estate remain intact after you are gone.
Estate Planning: The Price of Organization, Rewards, Gifts, and Wondrous Tax Things…
FREE REPORT: This complimentary report, focused on Estate Planning, is comprised of many of Mr. Miller’s articles from his long running column for the largest regional newspaper in San Diego County. This report will guide you through the questions surrounding getting your estate planning in order.
Issues in women’s health have been hot in the news and the Republican presidential primaries lately. The current debate highlights a broader issue: women are different than men. Women suffer different medical problems and the same medical problems differently. Because March is Women’s History Month, the V.A. issued a number of articles and tips for women, who currently make up 15% of active duty military members across all the branches and will grow to 10% of the veteran population by 2020.
On top of the typical V.A. benefits, such as VA Aid & Attendance Non Service Connected Disability Pension, the V.A. covers a number of health care services that are applicable to women. Breast cancer screening, cervical cancer screenings, pregnancy counseling, the HPV vaccine, menopausal support, and contraception are all covered under general V.A. primary care. While many of these treatments have become controversial, particularly the HPV vaccine and contraception, the V.A. has recognized them as women’s health treatments that may be important to servicewomen.
Additionally, the military has occasionally come under fire for sexual harassment and abuse of women. The V.A. offers an entire service for “military sexual trauma,” for both men and women, which can be found here. The U.S. military has made recognizing the difficulty that some women face as a result of their gender in the military an increasing priority. In 1992 the V.A. began monitoring and developing programs to deal with military sexual trauma. They have found that approximately 20% of military women experience some sexual trauma. The V.A. now offers free services in nearly 24 programs for victims of sexual trauma and does not require a disability rating for eligibility.
Finally, the V.A. covers specific female health issues, primarily related to pregnancy. These include maternity care, infertility evaluations, and other sexual problems. As part of the V.A.’s aggressive effort to reach out to female veterans and their specific health needs, the V.A. established an outbound call center to attempt to get the word out to more female veterans about the health care services available to them.
As part of its initiative this month to recognize the service of women in the military, the V.A. has released a number of videos about who have served, such as this one about Brigadier General Wilma Vaught who enlisted in 1957. Her story is about her experience as one of the first women in the military, her deployment, and her general experience in the Air Force. She recounts some of the pressure she felt about being one of the few women in the military at the time and her obligation to perform well to help pave the way for future women in the military.
Women like Brigadier General Vaught needed to exhibit an additional type of bravery during their service: the willingness to challenge the status quo, face those who refused to accept their roles in the armed forces, and general sexism. You can view more of their stories here.
As the number of female veterans increases, the need for proper V.A. Aid and Attendance benefits for women and their husbands will become increasingly important. Dual-veteran couples will also become more prevalent and bring their own planning challenged. Seeking the advice of a V.A. accredited attorney will be the best way to ensure that a properly prepared QVap Trust meets your particular planning needs.
VA Aid & Attendance–How Can I Correctly Choose Help for my Application Process?
FREE REPORT: This complimentary report focuses on the various kinds of people one can consult when applying for the Veterans Aid & Attendance benefit. Who one chooses can mean the difference between success and failure. Remember, if you are denied, you may not be able to reapply for up to a year or longer. Download our complimentary report for a behind the scenes look at the different types of people you can consult and the dirty underbelly of the veterans aid & attendance industry.
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