Uncle is deemed mentallly incompetent by VA

Question:

I am currently the care taker of my uncle, who is disabled from the navy, and we need help getting a will for him because he was deemed mentally incompetent by the VA. How do we get it to where he can have a will and the money he has in the VA to go to who he wants it to go to?

Jim's Reply:

You need to speak with an attorney who is familiar with VA law as well as probate issues. I'm not sure what you have in mind but unless there are dependents who are living, VA funds that may be accrued won't be distributed to anyone when the veteran passes. It almost sounds as if a VA fiduciary may have been appointed to control the veteran's funds and in that case, a will won't have any effect. Talk with a lawyer before you make any decisions https://www.vetadvocates.org/cpages/home