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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Veterans Aid & Attendance Benefit

Veterans Non-Service Connected Disability Pension (Aid & Attendance Benefit)

Play Watch Informative Medi-Cal & VA Webinars

Requirements & Characteristics
Income Limits
Net Worth Requirements
Asset Transfer Strategies
QVap Trust
Guideline Chart
Frequently Asked Questions

How Can I Correctly Choose Help for My Application Process?-FREE REPORT

The Department of Veterans Affairs has a pension available for non-service connected disabilities. This pension is also referred to as the aid and attendance benefit. (See aid & attendance rate table.)   The requirements and characteristics are generally as follows:

  • Paid to wartime veterans or surviving spouses
  • Meet the income and net worth requirements
  • Over age 65 or permanently and totally disabled
  • Pension can be increased if Veteran is housebound or qualifies for “aid and attendance.”

The pension is based on the theory that the veterans served their country during a time of war and the country that they helped will now serve them by supplementing their income .

Income limits are set yearly by Congress. In 2011, it is $11,830 per year if there is no spouse or dependents, higher if there is. One is allowed to take various deductions to one’s gross income in order to meet the requirement. If the income is still too high, this then reduces the amount of the pension but does not necessarily eliminate it. There are also net worth requirements but the home is not counted as well as certain other assets.

Often times, the Veteran may have “too much” income or too high a net worth to qualify but yet the costs of assisted living or the nursing home is impoverishing the veteran, his surviving spouse, or his children who are contributing. In these situations, asset transfer strategies may be employed in order to qualify. Unlike Medi-Caid, there is no look back period, so transfers can take place the day before application is made! Sometimes these transfers are made directly to the children and sometimes to a specially designed Trust (see Article on QVap Trust).

The chart is designed as a guideline to determine to whom transfers should be made. It is a guideline only and should not be used as a substitute for a full estate planning consultation and is not to be used to make final decisions. It assumes that the decision to make a transfer has already been made with the advice of a trained professional. The decision as to what assets should be transferred, to whom, to what investment vehicle, and when should only be done with the advice of a trained professional.

The Department of Veterans Affairs was formerly known as the Veterans Administration.


See Frequently Asked Questions.


Rev.3/20/11 © 2011, 2010, 2009, 2008 Merwyn J. Miller, J.D, Attorney at Law  Aid Attendance, Non Service Connected Disability

Keywords:  Veterans, Disability, Pension, Surviving Spouse QVap Trust, Department of Veterans Affairs, Veterans Administration, Attorney, San Diego, aid, attendance, California, Encinitas, non service connected disability, aid and attendance


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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