A veteran’s estate plan has to do one more job than most: it can’t cost the veteran, or a surviving spouse, the VA pension and Aid and Attendance they may need later. Those benefits are needs-based. A plan written without the VA’s rules in mind can quietly disqualify someone for years. We don’t file VA claims. We build the estate plan so it works with those benefits instead of against them.
Why a Standard Estate Plan Can Backfire
VA pension, including the Aid and Attendance rate, has a net worth limit. For 2026 it is $163,699, and the VA counts assets plus yearly income toward it. The home you live in (on up to two acres), your car and most household furnishings don’t count.
That is why ordinary planning moves can cause trouble:
- Giving money or property to the children
- Moving assets into a trust without planning around the look-back
- Selling the house after benefits start, since the proceeds count unless they buy another home in the same calendar year
- Planning for MassHealth without thinking about the VA, or the other way around
The 36-Month Look-Back
When a pension claim is filed, the VA looks back 36 months. Assets given away or moved into most trusts in that window to get under the limit can trigger a penalty of up to five years with no pension.
Money that goes to the children the year before care is needed is exactly what this rule is built to catch. The earlier the planning happens, the more options a family has.
We design every Veteran’s Asset Protection Trust so the trust itself won’t cost you your VA eligibility.
Planning for the VA and MassHealth Together
Many veterans will eventually need help from both programs, and each has its own rules and its own look-back. Federal law also caps the VA pension at $90 a month for a veteran with no spouse or dependent child whose nursing home care is paid by MassHealth. A good plan accounts for both programs at once, so a change in the level of care doesn’t undo it.
What Our Planning Covers
- Wills and trusts that fit the VA and MassHealth rules
- A durable power of attorney and health care proxy, so someone you trust can act if you can’t
- How the home and savings are titled
- Timing any gifts or trust funding around the look-back periods
- Protecting a surviving spouse, who may qualify for benefits too
Applying for the Benefit Itself
We don’t prepare or file VA benefit claims. Your city or town’s Veterans Service Officer can help you apply, at no cost, for VA pension and Aid and Attendance, and for Massachusetts Chapter 115 benefits. Our job is to make sure the plan we build doesn’t get in the way.
Why This Matters to Us
Attorney Michael Monteforte Jr. is accredited by the VA, so he knows the rules the VA applies when it reviews a claim. Veterans also hold a special place for him. His grandfather was a veteran and a big part of why he chose elder law.
If someone in your family served and now needs care, start with a free 15-minute consult call with Nicole Ott, our Lead Intake Coordinator. Call 978-657-7437 or book online. There is no charge and no pressure.
