Retroactive Benefits After Death?

Discussion in 'Fiduciary questions' started by Maven, Mar 30, 2017.

  1. Maven

    Maven Jr. Member

    I had a resident in my private residential care home whose daughter was going through the fiduciary process in order to collect approximately $5,000 in retroactive benefits. The resident died a few days ago, before the daughter could be interviewed etc.

    The daughter owes me money for her mothers care. She has also spent some of her own money on care. Will the VA still award the retroactive benefits even though her mother has died?

    If so what is her next step?
     
  2. Jandy

    Jandy Jr. Member

    Hello Maven,
    This is an area called "accrued benefits:" benefits that were due the beneficiary at the time of death but not paid prior to death.

    I am going to assume that the deceased was the wife of a veteran and there are no minor children. If this is, in fact, the case, accrued benefits may be used to reimburse the person(s) who paid for or are responsible to pay the expenses of last illness and burial of the deceased.

    VA Form 21-601 is the form that should be filed. Each person claiming a share of accrued benefits must file a separate 21-601 and list what expenses were made on behalf of the deceased, along with bills and account statements. Read the instructions to 21-601 to make sure you are filing everything that is needed.
     
    Kaylin likes this.
  3. Maven

    Maven Jr. Member

    Thanks so much for this information.

    Correct the deceased was the wife of a vet and also correct no minor children.

    I was the one who paid the bills for last illness and burial.This was above and beyond the level of care the family was paying for in my facility. I've actually been waiting for 5 months to increase the monthly fee until the retroactive benefits came through.

    Can I file form 21-601 on my own? Without having to do it through the family? I ask because the family has been difficult to deal with and it would be so much easier to do it on my own deal directly with VA.

    Thank you
     
  4. Kaylin

    Kaylin Hero Member Staff Member

    Maven, it has to be family members that file for the accrued benefits for last costs of illness and burial. But then they can reimburse you.
     

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