Legal Question in Veterans Law in Virginia

Long-term care for Veteran

I was asked numerous questions about our house, my income, etc. before being named Federal Fiduciary over my husband's VA benefits. Our house is in my name alone and I owned it 10 years prior to our marriage. The Estate Analyst wants us to use VA benefits to pay mortgage payments, home owners insurance and real estate taxes. In the event my husband should require long-term care, could the VA demand that the house be sold to pay for it? My husband thinks the VA would take care of him without cost but I think that's a pipedream. Please advise whether I should use the monies to pay for the mortgage and related expenses. I worked very hard to keep my home before meeting my husband so I don't want to jeopardize it now. Thank you.

Asked on 6/29/08, 10:15 pm

1 Answer from Attorneys

Michael E. Hendrickson Attorney & Counsellor at Law
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Re: Long-term care for Veteran

Why would this estate analyst be making such a recommendation?

If such funds were used to make the mortgage payments on your house, this could very likely result in your husband accruing a marital claim in

what used to be your separate property under Virginia law.

And, unless there are some very persuasive reasons as to why your mortgage and related house expenses should be paid out of these particular funds(none of which presently come to mind), I would avoid so doing if I were faced with these particular circumstances which you've described.

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6/30/08, 8:20 am

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