Is there any way for my mom to set up any future inheritance to me so as to keep it from being considered income by the VA?

My husband is 100% handicapped and receives a non-service connected VA Pension, VA medical care, and SS disability. I care for him and my mother who suffered a stroke. Hopefully, she will live long enough to spend all of her savings, but I’m actually concerned with the effect of receiving an inheretance will have on his pension and care. Just about anything would be more than his pension, so living expenses would be well covered. However he takes 12 medications and sees several specialist, so added income, resulting in loss of his pension and care would literally wipe out anything received very quickly.

Asked on August 14, 2013 under Estate Planning, South Carolina


Anne Brady / Law Office of Anne Brady

Answered 7 years ago | Contributor

In South Carolina, marital property does not include property received by way of inheritance.  This is typically the same rule as in community property states, such as Arizona.  Inheritance remains the separate property of the person who inherits it, so long as the funds are not commingled.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.