Online resource center to help you explore these key issues, and others, regarding your estate.

Practice Areas

Mr. Miller has many years of experience in designing and implementing a comprehensive variety of Trusts, Wills, and other estate planning documents, as well as settling estates in the most expedient and appropriate method. Further, he counsels and assists clients on becoming eligible for VA benefits and Medi-Cal.

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VA Pension/Aid & Attendance/Medi-Cal

Mr. Miller has been active in the area of VA Pension and Medi-Cal for well over a decade. He uses various specialized types of Trusts as well as non-trust strategies to gain eligibility for his clients and save the family money.

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Probate & Estate Administration

Mr. Miller has been settling estates (both simple and complex) for well over 40 years. The starting point is always to create a strategy to settle the estate in the most efficient manner possible with a minimum of taxes. Often times the strategy created allows the family to bypass Probate Court proceedings.

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Applying for VA Benefits — Should I be Paying for this Service?

By merv,

  Filed under: Blog, Veteran's Benefits

A daughter came in the other day to inquire about VA benefits for her mother.  Mom had just moved into an assisted living facility and her income was not enough to cover the cost of care.  The daughter knew that her dad had served in the military during a time of war.  She had spent months trying to apply for the Veteran’s Administration Aid and Attendance benefit.  The assisted living facility had referred her to someone who said they would help her apply for and qualify for benefits.  But as Sherry put it (not her real name), “All they wanted to do was sell me an annuity! When I refused to purchase their insurance product they dropped me like a hot potato!”  This scenario is all too familiar. An article in the San Francisco Weekly News tells the story of fraud and the new scam of the day:  selling unnecessary insurance products to seniors so they can qualify for benefits.

Another approach taken by some unscrupulous companies is to charge for helping the veteran or their spouse with the application process.  Not so fast!  A Utah television station, KSL investigated private companies that cash in on the service of Utah veterans.  The U.S. Code of Federal Regulations Title 38 states that only a VA accredited attorney can be paid for representing a claimant and only after a denial of services is received.

If anyone is requiring they be paid for helping you file a claim, or they are trying to sell you a financial product you don’t want, run don’t walk away from the situation!  Many people profess to have expertise in the VA benefits arena. They include insurance agents, paralegals, representatives of Veterans Organizations, and attorneys. Some know what they are talking about; most do not! Here’s my article on the topic of VA Accreditation and why it’s so important. VA accreditation is the only way that a consumer can be sure that the individual knows the laws and regulations that apply to the VA benefit programs.

Sherry came to us looking for advice to get her mother qualified to receive the VA Aid and Attendance benefit. We helped her.  Here’s our webinar on how to qualify for the VA Aid & Attendance Program .

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About Living Trusts

About Living Trusts is hosted by the Law Offices of Merwyn J. Miller, as your online resource center to help you explore these key issues, and others, regarding your estate.

Merwyn J. Miller, J.D.

  • Board Certified Specialist in Estate Planning, Trust & Probate Law
  • Co-Author of legal text book and of “Don’t Go Broke in a Nursing Home
  • Teacher of law courses at public and private colleges
  • Continuing Education Instructor for attorneys
  • Columnist for largest regional newspaper in San Diego County and professional journals for 15 years, Contributing author to the book “In Your Service: The Veteran’s Friend”
  • Masters Degree in Financial Services - Estate Planning

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