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Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 17170
Experience:  Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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For an audit, the VA has asked for all Bank Acct Statement

Resolved Question:

For an audit, the VA has asked for all Bank Acct Statement for 12 months. I have a family trust account which pays her bills, do I have to show the field examiner that?
Submitted: 1 year ago.
Category: Military Law
Expert:  Marsha411JD replied 1 year ago.
Hello,

Thank you for the information and your question, however, I will need a bit more information in order to assist you. What does this audit the VA is conducting concern? Here is the "her" that you refer to in connection with a family trust? Are you the Veteran and does this have something to do with a disability claim or application for medical care, or what? I will need more relevant facts so I know the context of this question.
Customer: replied 1 year ago.

It's a VA audit for compensation to my mother for spousal compensations for my father's service in WWII.


 


she receives $1100/month and her room costs $3000/month. The letter from VA states they way 12 months bank accts, all medications listed, all income, all ins policies, stocks/bonds etc.


 


since all her outstanding expenses are paid thru a family trust account, do I have to provide VA with 12 months of that acct. I'm told that is NOT her acct, so I don't have to show it.


 

Expert:  Marsha411JD replied 1 year ago.
Hello again and thank you for your reply. The trust payments would be income to your mother, so that has to be accounted for. However, if this is a Family Trust that she has absolutely no control over, then no, the Trust documents and account does not have to be shared with the VA.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
Customer: replied 1 year ago.

I have been assigned as fiduciary for my mother's finances; does that give them any more right to see the family Trust Account?

Expert:  Marsha411JD replied 1 year ago.
No, not really. They will need to know that what kind of a trust it is and who has control over it, but again, they don't have a right to see what is in the account as long as she is not a trustee or otherwise has revocable rights over the trust.
Customer: replied 1 year ago.

Marsha, one more question. I didn't not set up a separate account for the VA money and comingled the funds into the trust acct. Do I have to show the VA examiner that. I have now set up a separate account for the future.

Expert:  Marsha411JD replied 1 year ago.
Well, that does complicate things. If they are doing an audit of a certain period retroactively, and are specifically looking at where the VA money has gone (which I am not sure that is what they are looking for) then you are going to have to explain and likely show them where the VA money did and explain what happened.
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 17170
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
Marsha411JD and other Military Law Specialists are ready to help you
Customer: replied 1 year ago.

thank you so much.

Expert:  Marsha411JD replied 1 year ago.
You're welcome and best of luck to you and your mother.

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