QUESTION

Can the Veterans Administration garnish deceased bank accounts?

Asked on May 03rd, 2016 on Wills and Probate - Pennsylvania
More details to this question:
My father passed away at the VA home he lived. I got papers from a lawyer today saying they (The VA) are taking his entire savings from his personal bank accounts, which was meant to be inheritance to my sister and myself, to pay for medical bills. Can I fight this, or are they able to take the money from his personal accounts? He lived in Pennsylvania.
Report Abuse

1 ANSWER

Business Law Attorney serving Pittsburgh, PA at Fiffik Law Group, P.C.
Update Your Profile
I'm sorry to hear about your father's death.  I suspect what is happening here is that your father had a contract with the VA home requiring him to pay for his residence there.  That obligation does not go away upon his death.  His obligations become those of his estate. Can you fight this -- maybe.  It depends on the procedural posture of the collection matter -- how far along is it?  Have you raised an estate for your father?  If so, you might require the VA to file a claim with the estate and then you can litigate the claim within the probate proceeding.  the VA would have to fall in the line of priority of who gets paid from an estate. There may be a way for you to shield some of your father's assets from this claim but I would suggest that you get all of the details to an attorney as soon as possible.  It sounds like things are urgent.  Once the VA gets the money in the account, it'll be difficult and costly to recover it. 
Answered on May 04th, 2016 at 10:32 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters