Will my mom's inheritance affect Dad's VA pension?

A fellow caregiver asked...

My mother and father are married, my dad gets a pension check from the VA and is 70% disabled. My mother is his caregiver. She is in her uncle's will and will receive an undisclosed amount, is this considered a gift or income to my father and will it affect his pension? He has serious health problems and cannot afford to lose his pension or medical coverage.

Expert Answer

You ask how your mother's inheritance will affect your father's VA pension. I do not know the VA rules regarding assets of a spouse affecting the other spouse's VA pension, so I cannot give you a definite answer. I can say that it would certainly be wise for your mother to receive her inheritance as her separate property, not in any way co-owned by her husband. Generally, gifts left by will to one spouse are that spouse's separate property. It could help if the will document specifically states that the gift to one spouse is her separate property.