Response to selling a home

Discussion in 'Selling of Home' started by krissy, Aug 10, 2018.

  1. krissy

    krissy Newbie

    I have assisted my grandparents throughout the process of filling for and receiving A&A. Earlier this year, they sold their home (after it having sat vacant for a year) which I immediately reported to the VA. We received a reply a couple of weeks ago that I need to respond to, I think.

    The sale of the home pushed them well over $100K in net worth, so the VA's proposal is to stop benefits effective January 1, 2019. We agree with them stopping benefits, and in the letter they suggest preventing "further" overpayment by telling them to take immediate action to reduce the benefits. Also, they want us to complete form 21P-8049. So, I have a few questions....

    1. How will they determine the amount my grandparents have been overpaid? Will they say that in March 2018 (when the house sold) the overpayment began and therefore want to take back everything the VA has paid them since that date? (I just want to warn them of the potential amount that will be taken back by the VA).

    2. Since the VA is so slow, even if I tell them to immediately stop payment of benefits, it quite possibly be the end of the year before they do so. Is there any way to speed up this process? They are both over 90 so can I request this process be expedited for that reason, as I did with their initial application?

    3. On form 8049 - the veteran would be my grandfather, but would my grandmother be considered his "dependent" for section II?

    4. They say that when we complete section III to be sure to show all monthly expenses for the period of calendar year 2018. The form says "except medical." So, since they are in an ALF and that has been reported as a medical expense in the past, does that need to be included here as "housing" or not? And by monthly expenses - they want to know anything and everything??

    5. They also requested the market value of all property they own (excluding personal items). So, what do they mean by "property"? Stocks, checking accounts, etc? That's a pretty broad term, so want to make sure I appropriately respond.

    Thank you SO MUCH!!
  2. VA Legal Team

    VA Legal Team Full Member

    1) They will go back to March of 2018 for the overpayment

    2) If they continue paying the monthly benefit after you tell them to stop, you can always not use the money

    3) Yes

    4) You report medical expenses at the top of the next page -- list their annual expected cost of the ALF and insurance premiums

    5) This means bank accounts, stocks, etc...

    Depending on their situation, you may be able to keep the VA benefit going forward (unfortautnely the VA would still issue an overpayment). There is a planning option for keeping the benefit after selling the home, but I don't know if it makes sense for your grandparetns. Feel free to send me a PM if you haven't already dealt with the issue.

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