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Estate Planning Essentials for Veterans and Their Families

Writer: Kirk CarlsonKirk Carlson


Estate Planning Essentials for Veterans and Their Families

Estate planning is a critical process that ensures your assets and legacy are protected and distributed according to your wishes. For veterans and their families, estate planning involves unique considerations due to the benefits and programs available through the Department of Veterans Affairs (VA) and other government agencies. This guide outlines the essential components of estate planning for veterans and their families.

1. Start with a Comprehensive Will

A will is the cornerstone of any estate plan. It outlines how your assets will be distributed and designates guardians for minor children if necessary. Veterans should ensure their wills include:

  • Specific instructions for the distribution of VA benefits.

  • Designation of beneficiaries for insurance policies and retirement accounts.

  • Provisions for any military memorabilia or heirlooms.

2. Establish a Trust for Greater Control

Trusts are a powerful tool for managing assets and avoiding probate. Veterans can establish:

  • Revocable Living Trusts: These allow you to manage your assets during your lifetime and provide instructions for their distribution after death.

  • Special Needs Trusts: Ideal for providing for dependents with disabilities without jeopardizing their eligibility for government assistance programs.

3. Plan for Healthcare and Long-Term Care Needs

Veterans should consider advance healthcare directives and long-term care planning. Key elements include:

  • Healthcare Power of Attorney: Designates someone to make medical decisions on your behalf if you become incapacitated.

  • Living Will: Specifies your preferences for end-of-life care.

  • VA Long-Term Care Benefits: Explore eligibility for VA long-term care programs such as Aid and Attendance benefits, which provide financial assistance for in-home care, assisted living, or nursing home care.

4. Protect Your Benefits with Proper Documentation

Veterans receive unique benefits, such as pensions, disability compensation, and education funds. Protecting these benefits involves:

  • Ensuring your DD Form 214 (discharge papers) is readily accessible.

  • Keeping records of any VA claims and correspondence.

  • Reviewing beneficiaries for VA life insurance policies and survivor benefit plans (SBPs).

5. Create a Financial Power of Attorney

A financial power of attorney allows someone you trust to manage your finances if you become unable to do so. This document can be particularly important for managing:

  • VA benefit payments.

  • Military retirement accounts.

  • Property and investments.

6. Address Burial and Memorial Preferences

Veterans are entitled to burial benefits, including interment in national cemeteries and memorial markers. Document your preferences for:

  • Burial in a VA National Cemetery.

  • Military honors at the funeral.

  • Use of VA-provided headstones or markers.

7. Regularly Review and Update Your Plan

Life events such as marriage, divorce, birth, or death in the family can affect your estate plan. Veterans should:

  • Update wills and trusts as needed.

  • Review beneficiaries on life insurance and retirement accounts.

  • Adjust plans based on changes to VA benefits or tax laws.

Conclusion

Estate planning is vital for veterans and their families to protect their legacy and maximize the benefits earned through military service. Consulting with an estate planning attorney who specializes in veteran affairs can help ensure that your plan is comprehensive and up-to-date. Taking proactive steps today can provide peace of mind for you and your loved ones in the future.

 
 
 

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DISCLAIMER: The information on this site is not legal advice. They are meant solely as educational content. Individual cases will vary.
Covenant of Courage is not a Veterans Service Organization (VSO) or law firm and is not affiliated with the U.S. Veterans Administration (“VA”). Covenant of Courage does not provide legal or medical advice or assist clients with preparing or filing claims for benefits with the VA.

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