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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Family Law

Date & Time
  • event Date

    Monday, May 20, 2024

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$197.00
CLE
ALL

This CLE course will provide elder law counsel with guidance on essential rules and planning techniques relating to the Department of Veterans Affairs (VA) benefits rules. The panelist will discuss issues in determining eligibility for VA benefits under current rules, valuation of assets, transfer rules, the impact on the use of trusts and annuities, and best practices to avoid penalties.

Faculty

Colleen D. Bratkovich
Partner
Zacharia Brown

Ms. Bratkovich is a Partner at Zacharia Brown and practices in the areas of Medicaid Planning and Eligibility, Veterans’ Benefits, Asset Protection Planning and related Estate Planning and Estate Administration issues. She is a frequent lecturer on Elder Law topics and has taught various seminars including continuing education classes for lawyers, accountants and nursing home administrators. 

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Description

The VA rules significantly impact the eligibility for veterans and spouses to receive aid and pension benefits. Counsel must be fully versed in the rules to ensure clients are eligible for benefits and understand how to avoid or reduce the risk of penalties.

The VA offers benefits to veterans or surviving spouses to cover the costs of custodial care and activities of daily living (ADLs) subject to certain income and asset limitations. The latest rules alter the eligibility criteria, with added methods for calculating net worth and assets, in addition to other essential items, to determine benefits eligibility.

A variety of transactions can trigger penalties or render a veteran ineligible for benefits. Under the VA rules, the use of trusts or annuities and other planning techniques, along with specific transfer of assets, can negatively impact an application for benefits.

Listen as Colleen D. Bratkovich, Partner at Zacharia Brown, discusses the issues in determining eligibility for VA benefits, challenges in the valuation of assets, transfer rules, and best practices to avoid penalties.

Outline

  1. Overview of the VA benefits rules
  2. Determining net worth under Reg. Section 3.274(a)-(b)
  3. Rules regarding residential real property
  4. Impact on asset transfers or trust funding to qualify for potential VA benefits
  5. Transfer penalties under new Reg. Section 2.276(e)
  6. Best practices in navigating the VA rules

Benefits

The panelist will review these and other key issues:

  • VA benefits rules
  • Determining net worth and tips to maintain VA benefits eligibility
  • Specific rules regarding residential real property
  • Deductible medical expenses and expansion of custodial care and ADLs under current rules
  • Understanding the impact of VA benefits rules on asset transfers and trust funding
  • Utilizing trusts and annuities
  • Look-back and penalty periods and avoiding triggers
  • Calculating transfer penalties