Empowering Veterans
How Estate Planning Safeguards Your Future
Attorneys Greg McIntyre and Brenton Begley
Every Veterans Day, we pause to recognize the sacrifices made by our nation’s heroes. But one of the most meaningful ways to honor their service is by ensuring they and their families are protected; not just today, but for generations to come.
Greg McIntyre and Brenton Begley from McIntyre Elder Law sat down on the Elder Law Report podcast to discuss how estate planning for veterans can help them access valuable benefits, such as the VA Aid and Attendance Pension Benefit, while preserving their assets and maintaining control over their financial future.
Understanding the VA Aid and Attendance Pension Benefit
The VA Aid and Attendance Pension Benefit is one of the most valuable, yet underutilized, benefits available to qualifying veterans and their surviving spouses. It helps cover the cost of long-term care, including in-home care, assisted living, or nursing home care.
However, qualifying for this benefit requires meeting asset and income limits. As Brenton explains, “You can only have around $130,000 in assets, in addition to your primary residence and up to two acres of land, to qualify.”
For veterans whose assets exceed this threshold, proper estate planning can make all the difference
The Power of the Veterans Asset Protection Trust (VAPT)
One of the most effective tools available to help veterans qualify for benefits without depleting their savings is the Veterans Asset Protection Trust, or VAPT.
This trust allows veterans to transfer excess assets into a protected legal entity, effectively removing those assets from their personal estate while still maintaining control over how they’re managed and distributed.
Greg McIntyre describes the VAPT as “a nice little safe” — one that keeps your assets secure while opening eligibility for the Aid and Attendance Benefit.
Key Benefits of the VAPT
Qualify for VA Aid and Attendance: Safely reduce countable assets.
Maintain Control: Choose your trustee (a trusted family member, but not your spouse).
Avoid Probate: Assets in the trust bypass probate, saving time and money.
Stack Benefits: The trust is also Medicaid compliant, allowing veterans to access both VA and Medicaid benefits when structured properly.
“You can stack those benefits,” Brenton explains, “and it works for both — as long as you put the Veterans Asset Protection Trust in place early enough.”
Preserving Dignity and Control
Estate planning isn’t only about protecting money — it’s about preserving independence and dignity.
As Brenton notes, “What we provide is not just protection of assets; it’s protection of your dignity and your right to choose how you use your assets and how you’re treated.”
Through proper legal planning, veterans can ensure they have a say in their medical and financial decisions, even if they become incapacitated.
Essential Legal Documents Every Veteran Should Have
Beyond trusts, certain foundational documents are vital to every veteran’s estate plan. These documents protect you during your lifetime and give your family clear direction:
General Durable Power of Attorney – Appoint someone you trust to handle your financial affairs if you’re unable to do so.
Healthcare Power of Attorney – Name a decision-maker for your medical treatment.
Living Will – Clarify your wishes regarding end-of-life care.
Last Will and Testament – Determine how your assets are distributed after death.
Ladybird Deed (Enhanced Life Estate Deed) – A simple tool to ensure your home passes directly to your heirs without going through probate.
These tools ensure that you, not the court, decide who manages your care, your assets, and your legacy.
Avoiding Probate: Protecting What You've Built
Probate — the court-supervised process of distributing assets — can be time-consuming and expensive. Worse, it opens the door for creditors to make claims against your estate.
Brenton advises veterans to avoid probate whenever possible, using trusts and tools like the Ladybird Deed to ensure assets transfer directly to loved ones.
“If you want to make sure your home goes to your children, don’t let it get stuck in probate,” he explains. “It’s low-hanging fruit — easy to fix with the right planning.”
Why Veterans Should Invest in Professional Estate Planning
Too many veterans assume that estate planning is either too expensive or unnecessary. Greg McIntyre, a proud U.S. Navy veteran himself, wants to dispel that myth.
“Veterans need to invest in professional estate planning. It’s worth the investment if done correctly — it protects the assets you’ve worked so hard for and opens you up to the benefits you deserve.”
At McIntyre Elder Law, the team makes this process affordable and accessible — with special consideration for veterans and their families.
How to Get Started
If you’re a veteran or a surviving spouse, now is the time to act. The earlier you plan, the more options you’ll have to protect your assets and qualify for valuable benefits like Aid and Attendance.
Greg and Brenton offer free consultations for veterans.
📍 Offices in Shelby, Charlotte, and Hendersonville
📞 Call us at 1-888-999-6600
🌍 Visit our website: www.mcelderlaw.com
Don’t wait until it’s too late—take control of your future today!
Attorney Greg McIntyre
Estate Planning & Elder Law Attorney
Founder and CEO, McIntyre Elder Law
Charlotte, NC
Attorney Brenton Begley
Estate Planning & Elder Law Attorney
Partner and CLO, McIntyre Elder Law
Shelby and Charlotte, NC
