Philadelphia, PA asked in Estate Planning for Pennsylvania

Q: My father wants to purchase a home using his VA home loan he currently gets community based services (home care aid)

In the event of death will the state try to get the property to pay for his services ?

Related Topics:
1 Lawyer Answer
W. J. Winterstein Jr.
W. J. Winterstein Jr.
  • Boyertown, PA
  • Licensed in Pennsylvania

A: The VA home purchase benefit entitles the vet buyer to finance 100% of the purchase amount of the property, and consequently, for several years after the purchase, there is little or no equity in the property.

When federal funds (administered by the State) are expended for end of life services, it does give rise to an obligation to reimburse the program after death. Normally, a claim is made against the estate.

If there are insufficient funds in the Estate to pay claims, the usual course is to sell assets of the estate to satisfy the claims. However, when there is no equity to be realized in any asset, the asset may be distributed in kind to the heirs.

Once a home has been purchased by a qualifying veteran with a VA mortgage, he can add anyone he chooses to the title.

Adding a joint owner to the title would not prevent the State from placing a lien on the property, but the lien would only attach to the interest of the vet who received services.

You should meet and discuss these issues with a lawyer whose practice includes real estate transactions and elder care.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.