Please get a legal opinion on this. Would it matter if he renounces his right to the inheritance? I would make certain and get the legal opinion in writing if they think a trust could shield the asset for VA purposes.
Hi son died in 2012 without a will. The son has no wife or children thus making my Uncle (his father) the sole heir to his estate. The estate is in probate and I am the probate representative (and neice to my Uncle) handling the sale of all property. I think the VA allows a person to own their own home and have up to $80,000 in savings before they factor these assets into the cost of care. What I do not understand is what the sliding scale is for "needs-based" medical care eg what would my Uncle have to pay for his current level of medical care once he receives the proceeds of the estate. How will the VA assess his medical care charges? I am thinking there is a way to shelter these proceeds in a Trust or an LLC. Any elder care lawyers on this site that can weigh in would be helpful. Thanks.
To help better understand your question we need more information. Did your Uncle's son die, thus the reason for the sale of the son's property? If yes, was your Uncle in the Will to receive said property? Or is the son still alive but is gifting some money to his father from the sale of the property? If yes, you would need to check with the Vet Admin to see what would be the next step.
If the Vet Admin benefits are similar to Medicaid, then the money from the property would probably need to be used for your Uncle's care.
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If the Vet Admin benefits are similar to Medicaid, then the money from the property would probably need to be used for your Uncle's care.