Veterans Benefits Planning · Denton, Texas
Benefits You Earned. Help Making Sure You Receive Them.
More often than not, veterans walk away from their time of service without fully understanding what benefits are available to them. If you are a veteran, or a spouse or child caring for one, knowing what financial assistance exists for long-term care can make an enormous difference when the time comes.
At Leigh Hilton P.L.L.C., we help veterans and their families in Denton and across North Texas understand what they may be entitled to and how to incorporate those benefits into a broader estate plan so that care is available when it is needed most.
VA Aid and Attendance Pension Benefits
Veterans and surviving spouses of veterans may qualify for home health care, assisted living, or nursing home care assistance through the Veterans Administration Aid and Attendance Pension Benefits Program.
This benefit is one of the most underutilized programs available to veterans. Qualified applicants may receive a pension or survivor’s benefits, along with additional funds to help cover the cost of medicine and daily care. The total benefit received can be up to $34,488 per year, and it is completely tax-free.
For families facing the rising cost of long-term care, this benefit can be a lifeline.
Basic Eligibility Requirements
To qualify for the VA Aid and Attendance benefit, the veteran or surviving spouse must generally meet all of the following requirements:
- The applicant is 65 years of age or older.
- The veteran served in the military for at least 90 days total.
- At least one day of that service occurred during a period of war.
- The veteran did not receive a dishonorable discharge.
- The veteran or applicant requires full-time care and assistance with daily living activities.
Meeting these basic criteria is the starting point. The application process itself involves gathering military records, medical documentation, and financial information. We help families prepare and present their applications correctly.
Benefits for Widows and Widowers
Surviving spouses of eligible veterans may also qualify for Aid and Attendance benefits, even if they were never in the military themselves. If your spouse served and you are now facing long-term care costs on your own, it is worth finding out whether you qualify for this support.
The benefit amount for a surviving spouse differs from that of a living veteran, and there are specific financial and care requirements that apply. We can help you assess your eligibility and understand what the process looks like.
Incorporating VA Benefits Into Your Estate Plan
Qualifying for Aid and Attendance is not just about meeting the basic service requirements. Financial eligibility also plays a role. How your assets are structured can affect whether and when you qualify. Planning ahead gives you the best opportunity to position your finances appropriately without running afoul of the VA’s look-back rules.
Adding these benefits as part of your overall estate plan will greatly help your loved ones as they try to find suitable care for you when the time comes. Rather than scrambling to piece things together during a health crisis, families who have planned in advance know exactly what resources are available and how to access them.
We help veterans and families think through these questions before they become urgent so that care decisions are guided by preparation, not panic.
What Leigh Hilton P.L.L.C. Can Do for You
Understanding that a benefit exists is only the first step. Navigating the VA system, gathering the right documentation, structuring assets to support eligibility, and coordinating benefits with your broader estate plan requires legal knowledge and careful attention to detail.
We work with veterans and their families to:
- Assess whether you or a surviving spouse may qualify for Aid and Attendance benefits
- Explain how your current assets and income may affect eligibility
- Help structure your estate plan to support both VA benefit eligibility and your long-term care goals
- Coordinate veterans benefits planning with other tools such as trusts, powers of attorney, and Medicaid planning
Veterans benefits planning rarely stands alone. It is most effective when it is part of a coordinated plan that addresses the full picture of your financial and care needs.
Your service, or your loved one’s service may have earned more than you know.
Leigh Hilton P.L.L.C. helps veterans and their families understand what benefits are available and how to make the most of them. Let’s start with a conversation.
Questions We Hear Most Often
- The veteran has to have served in the military for one day during a war.
- The veteran must have served in the military for 90 days.
- The veteran must not have received a dishonorable discharge.
- The veteran must need assistance with activities of daily living.
Yes. After October 18, 2018 there is a penalty period for any transfer made within 36 months of the date of application. The maximum penalty period is five years.
Yes.
No. This different than the Medicaid rules as explained above.
The amount of acreage that is exempt as homestead is limited to 2 acres, unless the remainder of the property is deemed unmarketable. The 2025 limit net worth is a maximum of $159,240.00. Net worth is defined as a sum of assets and annual income less medical expenses.
The VA defines specific periods of wartime service for purposes of this benefit. They include World War II, the Korean War, the Vietnam War, and the Gulf War, among others. The veteran does not need to have served in combat — only to have served at least one day during a recognized wartime period.
Yes. The VA uses a net worth limit to determine financial eligibility. This includes both income and assets. How those assets are structured can affect eligibility, which is why planning ahead — and working with an attorney who understands the rules — matters. Improper transfers of assets can trigger a penalty period similar to Medicaid’s look-back rules.
VA benefit applications can take several months to process. Incomplete applications or missing documentation are among the most common reasons for delays. Getting the application right from the start is the most effective way to avoid unnecessary waiting.
In some cases, yes — but coordinating the two requires careful planning, as they have different eligibility rules and interact with each other in important ways. This is an area where working with an attorney who understands both programs can make a significant difference.
No. You can apply for Aid and Attendance benefits even after a veteran or surviving spouse has already entered a care facility. However, the sooner you act, the sooner benefits can begin. We encourage families to reach out as soon as the question arises.
