Estate planning is an important step in protecting your family and making sure your wishes are honored after your death. For veterans in Texas, a common and understandable question is does the VA help with wills, or even more specifically, does the VA do wills for veterans? The answer is more nuanced than a simple yes or no. While the Department of Veterans Affairs plays a critical role in providing benefits and support services, it generally does not prepare wills or offer full estate planning services.
In Texas, estate planning typically involves legal documents such as wills, trusts, powers of attorney, and advance directives, all governed by the Texas Estates Code. Veterans must usually rely on private attorneys, legal aid organizations, or nonprofit programs to draft these documents. That said, the VA may offer indirect help, such as referrals, educational resources, or access to limited legal clinics at some VA facilities. This article explains what assistance the VA can and cannot provide, how wills work under Texas law, and what options veterans have to ensure their estate plans are legally valid and properly prepared.
Types of wills in Texas
Texas law recognizes several different types of wills, each designed to serve a specific purpose depending on a person’s assets, family situation, and planning goals. Understanding these options can help you choose the document that best fits your needs and ensures your wishes are carried out under the Texas Estates Code. Below is a breakdown of the most commonly used types of wills in Texas.
| Type of will | What it does | When it is commonly used |
|---|---|---|
| Simple will | A basic will that outlines how assets are distributed after death and may name guardians for minor children | Best for individuals with straightforward estates, limited assets, and few beneficiaries |
| Living will (directive to physicians) | States medical and end-of-life care preferences if you become incapacitated | Used by anyone who wants control over healthcare decisions; not used to distribute property |
| Pour-over will | Transfers assets not already in a trust into an existing trust at death | Commonly used alongside revocable living trusts for more comprehensive estate planning |
A simple will is often the starting point for many Texans. It allows you to name beneficiaries, choose an executor, and appoint guardians for minor children. While it is straightforward, it must still meet Texas execution requirements, including proper signing and witnessing.
A living will, formally called a Directive to Physicians in Texas, is not a property-transfer document. Instead, it addresses medical treatment decisions and works alongside other estate planning tools like medical powers of attorney.
A pour-over will supports a trust-based estate plan. While assets that pass through a pour-over will may still go through probate, the will ensures they ultimately end up governed by the trust’s terms, helping maintain consistency in how assets are managed and distributed.
Choosing the right type of will often depends on how complex your estate is and whether you want to combine a will with other planning tools, such as trusts or advance directives.
Does the VA help veterans with their wills?
Many veterans ask whether the Department of Veterans Affairs provides help with drafting wills or estate planning documents. The short answer is that the VA generally does not prepare wills or estate plans for veterans. The VA’s primary role is to administer benefits such as healthcare, disability compensation, and pensions, not to provide legal drafting services.
That said, the VA may offer limited indirect support, including:
- Referrals to legal aid organizations
- On-site or virtual legal clinics hosted in partnership with nonprofits
- Educational resources about legal planning
These services vary by location and availability, and they do not replace working with a licensed Texas estate planning attorney. Veterans in Texas who want a legally valid will must ensure their documents comply with the Texas Estates Code, which governs wills, probate, and related planning tools.
Estate planning tools veterans commonly need in Texas
Although wills are a central part of estate planning, they are only one piece of a broader plan. Veterans often benefit from combining several legal tools to protect their wishes, healthcare decisions, and loved ones.
Wills and Texas legal requirements
A will in Texas must meet specific execution requirements to be valid, including proper signing and witnessing. A valid will allows you to:
- Name beneficiaries for your property
- Appoint an executor
- Designate guardians for minor children
While the VA does not draft wills, veterans should ensure any will they create complies with Texas law to avoid probate disputes.
Powers of attorney and advance directives
Estate planning also includes documents that protect you during your lifetime, not just after death. Common examples include:
- Durable power of attorney, which allows a trusted person to handle financial matters if you become incapacitated
- Medical power of attorney, which authorizes someone to make healthcare decisions on your behalf
- Directive to Physicians (living will), which states your wishes regarding life-sustaining treatment
These documents are governed by Texas law and must be properly executed to be effective.
Trusts and estate planning considerations
Some veterans may benefit from trusts, especially if they have complex estates or specific planning goals.
- Revocable living trusts can help manage assets during life and streamline distribution after death
- Testamentary trusts are created through a will and take effect after death
Trusts are not necessary for everyone, but they can offer flexibility depending on family needs.
Taxes, probate, and other Texas considerations
Texas does not have a state estate tax. However:
- Federal estate tax may apply to very large estates
- Probate may still be required for wills, depending on the estate structure
Planning ahead can reduce costs, delays, and confusion for loved ones.
Why veterans should still consult a Texas estate planning attorney
Because the VA does not draft wills, veterans must rely on private attorneys, nonprofit legal services, or legal aid programs for estate planning. An experienced Texas estate planning attorney can:
- Ensure documents comply with current Texas law
- Coordinate wills with powers of attorney and healthcare directives
- Address family, property, or benefit-related concerns
For veterans asking does the VA help veterans with their wills, the key takeaway is this: while the VA may offer guidance or referrals, creating a valid and effective will in Texas usually requires independent legal assistance. Proper planning now helps protect your wishes, your benefits, and your family’s future.
Conclusion
In the end, veterans should understand that while the VA plays an important role in providing benefits and support, it generally does not draft estate planning documents. If you are asking does the VA help with wills or does the VA do wills for veterans, the practical answer is that the VA’s role is limited and indirect. Veterans in Texas still need to take proactive steps to create legally valid wills and related documents under the Texas Estates Code.
By planning ahead and working with a qualified Texas estate planning attorney, veterans can ensure their wishes are clearly documented, their assets are protected, and their families are not left with unnecessary legal complications. Proper estate planning brings peace of mind and clarity, especially when benefits, family needs, and long-term goals intersect. If you are uncertain where to begin, professional legal guidance is the most reliable way to secure your legacy.
Other Related Articles:
- What is an Heirship Proceeding in Texas Probate?
- Guardianship Of Veterans In Texas
- Military Divorces in Texas
- The Importance Of Wills In Texas Estate Planning
- Understanding Texas Homestead Laws and Their Impact on Your Estate Plan
- Common Estate Planning Mistakes: Titling your home in your adult child’s name
- Trusts in Texas Estate Planning: When and How To Use Them
- Contesting a Will In Texas: What You Need To Know
- What Invalidates a Will in Texas?
- Why should I plan my will while I am on active duty?
Frequently Asked Questions
Generally, no. The Department of Veterans Affairs does not draft wills or provide full estate planning services. Some VA facilities may offer referrals or host legal clinics, but veterans usually need a private attorney or legal aid organization to create a valid will.
In most cases, no. VA hospitals and clinics focus on medical care and benefits administration, not legal document preparation. Any legal assistance offered through a VA facility is typically limited, temporary, and dependent on outside organizations.
Yes, certain estate planning choices can impact benefits, especially needs-based programs. While a will alone usually does not affect VA benefits, trusts or asset transfers may have consequences. An estate planning attorney can help coordinate your plan with your benefits.
The safest option is to work with a Texas estate planning attorney who understands state law and veteran-specific concerns. An attorney can ensure your will meets Texas execution requirements and aligns with your long-term goals.
