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To qualify for VA Aid and Attendance, the veteran must have served for at least 90 consecutive days with at least one full day during a wartime period and be discharged anyway other than dishonorably. The surviving spouse must not be divorced or remarried. The assets must below the VA asset limit and the combined household gross monthly income must be outweighed by unreimbursed medical expenses.
An elder law attorney can help you decide the best way to protect your assets and qualify for these government benefits to help pay for your long-term care cost and provide you with peace of mind.
Probate
Common questions from family members of a deceased loved one are “Do we have to Probate?” and “What is probate and why do we need it?”
Probate is a rather formal procedure, establishing the validity of a Will and is the official “proving” of the Will. Probate asks for the court’s involvement, and is not cheap or quick. Fortunately, there is no requirement that anyone has to probate a will. Some considerations to think about when determining if a Will should be probated are: 1) whether there are probate assets as opposed to non- probate assets; 2) whether the debts of the decedent outweigh the assets; 3) whether a wrongful death claim can be filed; and 4) whether the decedent was involved in litigation. Probate assets are those assets that are in your name alone at the time of your death or that were owned by you and others, but the ownership is not as joint tenants with rights of survivorship, but instead as tenants in common. Regardless of whether a probate will occur, Florida law requires that all original Wills be filed with the Court within ten (10) days of learning of the decedent’s death.
GUTTERMAN’S FUNERAL HOMES, INC. 30 ROCKVILLE CENTRE