Sister with disabilities now receives father's VA disability settlement


My Father had fought the VA for over 30 years for his disability. He passed away in 2008. The case went to my Mother as his surviving spouse. Mother passed away in 2018. I have a younger sister that is severe down syndrome. After mother passes, I became my sister's legal guardian and conservator and then i had to become her fiduciary to receive VA benefits from my father for being her caregiver and her champva. The VA ran a background check on me as well as a credit check. No problem passing. Since then,  my Father's case was settled and it goes to my sister. This is in an amount of a little over $200,000.00. Now they want me to get a surety bond for the amount of the benefit amount. I don't qualify do to a low credit score. I don't have bad credit, just a low score for not using my credit for a long time. Now the VA wants to appoint a total stranger as her fiduciary and after hearing about how crooked most of their appointed fiduciaries are, I'm really feeling uncomfortable. Being her guardian and conservator, do I have any rights? Also I am the trustee of her estate.  If something were to happen to her would I get the balance of her estate? I've alredy informed the VA that it was in Mother's will for Jackie to live the rest of her life here in the house so I need the money to pay off the mortgage, pay her final expenses in advance, pay for her headstone and pay the lawyer his 30 percent for fighting the case. Not much left after that. Thanks in advance

Jim's Reply:

You need to speak with a veterans law attorney who is expert in probate. I work with this fellow a lot.Tell him I said hello.