One of your most valuable (but rarely discussed!) military benefits is access to free legal assistance from your local Legal Assistance Office. The Legal Assistance Office can provide an array of services. One of the most valuable services is estate planning advice and documents preparation.
What is Estate Planning and Why Should You Care?
Estate planning is the process of leaving directions for the disposition of your assets and obligations upon your death. It can also include naming someone you trust to act on your behalf in the event you are not available or not able to make decisions for yourself.
There are countless stories of Service Members who did not update their estate documents after a marriage (or divorce). As a result, the Service Member’s family must deal with the additional stress and confusion of sorting out the Service Member’s legal affairs.
Even if everything you own fits in a standard issue footlocker, you owe it to your loved ones to reduce their burden in the event something happens to you.
How do you set up an Estate Plan?
Estate planning is not a “one size fits all” process. Seeking legal advice from a competent estate planning attorney is the first crucial step in setting up your estate plan. The Legal Assistance Office can help.
Find your local Legal Assistance Office
(https://legalassistance.law.af.mil/) and schedule an appointment. The Legal Assistance Office will provide a questionnaire to prepare ahead of time. The questionnaire will help you think through all of the details they will need to prepare your estate plan documents.
With your completed questionnaire and a discussion with you, the Legal Assistance Office will usually prepare the following documents:
- Last Will and Testament (Will) –
- Names your executor (the person responsible for implementing your wishes)
- Directs how you would like your assets distributed
- Appoints a guardian for your minor children (or pets!)
- Power of Attorney – a document that grants either General (broad) or specific authority to an individual to act on your behalf (this can include the ability to make healthcare decisions for you; speak with your attorney for more details)
- Advance Directive – communicates your wishes for medical care in the event you are not able to communicate with your medical care team. (Also called a living will)
In some cases, you may choose to use a Trust in your estate plan. A Trust is a legal vehicle which allows you to transfer ownership of an asset while retaining some level of control over the asset. There are many different kinds of Trusts, and they all serve a unique purpose. Speak with an attorney to determine whether a Trust could be beneficial to your estate plan.
Who Can Access the Legal Assistance Benefit
In general, the following Service Members and dependents have access to free legal assistance:
- Active Duty Service Members, their Families and Survivors
- Retired Service Members receiving retirement pay, their Families and Survivors (this includes retired National Guard and Reserve Service Members)
The following Service Members generally have limited access to free legal assistance:
- National Guard and Reserve Service Members serving on active duty (does NOT include their Families). Access is available while on Title 10 or Title 32 active duty orders.
- National Guard and Reserve Service Members serving during periods of inactive duty training periods to prepare documents in the event of a call to active duty (does NOT include their Families)
National Guard Service Members serving on state active duty must refer to their state rules.
(Ref: https://myarmybenefits.us.army.mil/Benefit-Library/Federal-Benefits/Legal-Assistance-Services)
Beyond the Legal Assistance Office
Having an estate plan in place is no less important if you/ your family are not able to access free legal advice through the Legal Assistance Office. Find an attorney who is familiar with the estate planning nuances of your state (estate issues are governed at the State-level).
Even if you are able to begin your estate planning process at the Legal Assistance Office, certain situations may require more complex estate planning strategies or documents. You MAY need outside estate planning advice if you:
- Own property in more than one state
- Own a business or part of a business
- Have a special needs child who will require care for most/ all of their life
- Have a beneficiary who is not able to handle an inheritance or you want to control how a beneficiary may access the assets you plan to leave to them
- Want to keep your estate settlement affairs private. A Will almost always involves the probate process which is a matter of public record.
- Want to provide for pets that may outlive you
- Other unique situations
Your local Legal Assistance Office can advise whether you may need an outside estate planning attorney. There are many websites available to help you compile a list of estate planning attorneys to research and then interview:
- Your State Bar Association Member Directory
- Estate Planning Attorney trade associations
- Your favorite MFAA Financial Advisor: https://militaryfinancialadvisors.org/start-here/
Estate planning with a private attorney can be expensive. You should select at least three attorneys to compare services and costs. Be sure you clearly understand their recommendations and the impact of implementing or not implementing their recommendations. From there you can decide how to proceed.
When to Update Your Estate Plan
Just as estate planning is not a “one size fits all” situation, it’s also not a once and done situation. After your initial documents are in place, you should review/ update your documents:
- At least every 1 to 2 years to ensure you are still happy with the plan
- When you have a change in marital status
- When you have a child
- When you change state residency
- Before you leave the military
- When you have a substantial change in your financial situation
- If one of your beneficiaries passes away
Keep in Mind
Estate planning is not a “one size fits all” situation. You may be incredibly well served by the free services offered at the Legal Assistance Office. Or, you may need the advice of a private estate planning attorney who has experience with situations similar to yours. Start with the free legal advice at your local Legal Assistance Office and go from there.
The most important thing is to START. Your loved ones are counting on you to protect them from the financial and legal challenges that may result from not implementing a suitable estate plan.