veterans
An Estate Plan That Knows You Served
VA compensation, pension, survivor benefits, Medicaid, burial honors — a veteran's estate plan has moving parts a standard will never sees. We plan for all of them, under one roof.
Most estate plans are written as if the client's biggest assets are a house and a 401(k). For a veteran, the picture is bigger: monthly compensation, potential pension, health coverage and education benefits for survivors, burial honors, and a set of federal rules that decide whether your family keeps or loses those benefits when you die or need care.
Patrick Nolan is a veteran, a VA-accredited attorney, and the author of The Dead Man's Guide to Estate Planning. This page is about making Missouri estate-planning law and federal veterans law pull in the same direction.
What a Veteran's Plan Has to Get Right
Core documents, Missouri-built
Will or trust, durable financial power of attorney (RSMo §§ 404.705–404.714), and health care directives — the foundation every plan needs, drafted to Missouri statute.
Estate planning basicsProbate avoidance
Missouri's Nonprobate Transfers Law (RSMo Chapter 461) lets TOD/POD designations and beneficiary deeds (§ 461.025) pass assets outside court — and estates of $40,000 or less can use a small estate affidavit (§ 473.097).
Benefits-safe structuring
Asset titling and trusts designed around the VA pension 36-month look-back and Medicaid's five-year look-back — so qualifying for care doesn't require dismantling your plan.
Aid & AttendanceSurvivor benefit coordination
Beneficiary designations and trust terms that don't accidentally interfere with DIC, CHAMPVA, or Chapter 35 education benefits for your spouse and kids.
Military family benefitsSpecial needs protection
Supplemental-needs trusts that preserve a disabled child's or spouse's means-tested benefits while still providing for them.
Special needs planningBurial benefits, pre-planned
National or Missouri state veterans cemetery eligibility, headstone or marker, burial flag, allowances — documented in your plan so your family executes instead of scrambles.
The Medicaid–VA Collision (Where DIY Plans Die)
Here's the mistake we see most: a family "spends down" or gifts assets to qualify for one benefit, and disqualifies themselves from another.
- The VA pension program applies a 36-month look-back to uncompensated transfers and can impose a penalty period of up to five years.
- Missouri Medicaid (MO HealthNet) — which pays for most long-term nursing home care in this state — applies its own five-year look-back with different penalty math.
- The annuity or "veterans trust" sold at a free-dinner seminar may satisfy neither.
Because we practice elder law, asset protection, and veterans law together, we design one strategy that survives both rulebooks — and we'd rather tell you "wait eight months" than file something that triggers a penalty.
One plan. Both rulebooks. Zero guesswork for your family.
Sit down with a Kirksville attorney who is VA-accredited, practices Missouri elder law, and wrote the field manual on estate planning. The first conversation is free.
Book a Free ConsultationBurial Benefits: Put Them in Writing Now
Your service earned honors your family shouldn't have to discover by Googling at 2 a.m. after you're gone. Eligible veterans can generally receive:
- Burial in a VA national cemetery — gravesite, opening/closing, and perpetual care at no cost to the family, with eligible spouses and dependents often able to be buried alongside.
- A government headstone, marker, or medallion and a burial flag.
- A Presidential Memorial Certificate.
- VA burial allowances that help with expenses for eligible deaths, at higher rates when death is service-connected.
- Missouri state veterans cemeteries as an alternative to national cemeteries.
We record your eligibility, wishes, and the documents your family will need (starting with the DD-214) directly in your estate plan binder.
How It Works
- Free consultation. We map your family, your assets, and your benefits — current and potential.
- Design. You get a flat-fee proposal: will or trust, POAs, directives, beneficiary and titling fixes, and any benefits-protection structures, with the reasoning in plain English.
- Sign, fund, maintain. We execute the documents, retitle what needs retitling, and stay available as VA rules, Medicaid rules, and your life change.
Frequently Asked Questions
Why do veterans need different estate planning?
Because your family's financial picture includes federal benefits with their own rules — VA disability compensation, pension with its 36-month look-back, survivor programs like DIC and CHAMPVA, and burial benefits. A plan that ignores those rules can accidentally disqualify you or your survivors from benefits worth far more than the documents cost.
Can a trust protect my VA pension eligibility?
Sometimes — and the wrong trust can destroy it. Transfers to many trusts count against the VA's 36-month look-back and Medicaid's five-year look-back. The answer depends on the trust's terms, your timeline, and which benefits you'll need. This is precisely why the planning should be done by an attorney who practices both veterans law and elder law.
What burial benefits has my service earned?
Eligible veterans can generally receive burial in a VA national cemetery at no cost for the gravesite, opening and closing, a government headstone or marker, a burial flag, and a Presidential Memorial Certificate — and VA burial allowances can help with expenses for eligible deaths. Missouri also operates state veterans cemeteries. We build these entitlements into your plan so your family isn't guessing during the worst week of their lives.
Will my VA disability compensation pass to my spouse when I die?
Not automatically — compensation generally ends at death. But if your death is service-connected, or you were rated totally disabled for a qualifying period, your surviving spouse may be entitled to DIC, a tax-free monthly benefit. Part of good planning is positioning your record and your paperwork so survivors can claim what they're entitled to.
What if I have a child with a disability?
A properly drafted special-needs trust lets you leave assets for a disabled child without disqualifying them from means-tested benefits like SSI and Medicaid — and it matters for VA-connected programs too. See our special needs planning page; this is one of our core practice areas.
Do you charge for a first meeting?
No. Consultations are free, and you'll leave the first meeting knowing what your family's plan should look like and exactly what it would cost — flat fees, quoted up front.