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

Answers:

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.


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