Elder Law of Louisville's Blog

Friday, March 20, 2015

Response #5 to VA's Proposed Changes to Aid & Attendance Benefit

We are going to turn our focus to the actual proposed rules.  The first rule we will address concerns the veterans' primary residence.  The VA is no longer exempting a veteran's home in its entirety, but rather only the house and a maximum of 2 acres.  Any land over 2 acres is part of the veteran's net worth.  My first thought was of all my clients that live in rural areas on farms.  The veteran or spouse is going to have to sell the farm land.  But, this applies equally to those in the city.  For example, there are areas in the city of Louisville that are still not on public sewer.  These houses use septic systems instead and code requires a minimum of 5 acres for such houses.  How is a veteran supposed to sell the extra 3 acres when code will not allow the land to be subdivided?  It cannot be sold.  Does this mean the additional land should be valued at $0.00?  Or, does this mean the veteran or spouse has to sell the home?  The VA's rules do not provide any guidance on this huge issue.

The attorneys of Elder Law of Louisville (formerly Walsh & Wilson, PLLC) assist clients in Louisville, Kentucky and surrounding counties of Jefferson, Oldham, Shelby, Spencer, and Bullitt. Our Office also serves Southern Indiana and the towns of New Albany, Jeffersonville, and Clarksville.

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