I am fiduciary spouse payee. A retro payment is in a custodial account properly titled. Will the VA try to take back that money when he passes.

Jattny, I'm assuming the retro payment is a large, lump-sum amount that the VA paid for many monthly benefits back to when the application was made. Such retro payments are, by definition, payments made for retroactive benefits due, so, no, the VA won't take back that retro payment upon your husband's death. But as JoAnn29 advised, call the VA local or regional office for verification and to put your mind at ease.
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Reply to bicycler

You need to call your local VA office and talk to a representative. I would assume it works like SS. It all depends when he passes.
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Reply to JoAnn29