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JBSA News
NEWS | Oct. 16, 2017

Will preparation an important process for military members, retirees

By Robert Goetz 502nd Air Base Wing Public Affairs

Judge advocate offices throughout the Air Force are well-known for their expertise in the area of military justice, but they also provide a variety of other legal services.

            One of these services is assisting active-duty personnel, their family members and military retirees who are preparing their last will and testament.

            It is estimated that more than half of American adults do not have a will in place, with reasons ranging from procrastination to unwillingness to think about death.

            However, individuals who do not have a will prepared when they die forfeit their legal right to determine who will inherit their money and possessions.

            “We recommend that everyone have a will,” said Pete Myers, 502nd Security and Readiness Group Office of the Staff Judge Advocate chief of civil law. “If you don’t have a will and you pass away, the laws of the state dictate who gets what, and that varies from state to state.”

            The process for Department of Defense ID cardholders to prepare a last will and testament begins by completing a questionnaire that can be picked up at a base legal office or online at https://aflegalassistance.law.af.mil.

The questionnaire includes information about the client, the client’s family and assets; property requests, including special gifts and primary, contingent and disinherited beneficiaries; the independent executor, guardian and trustee; funeral arrangements; and ancillary estate planning documents, which include a living will, medical power of attorney and springing power of attorney.

The next step is a consultation with an attorney, Myers said.

The 502nd SRG JAG office offers walk-in legal assistance for active-duty members, including will preparation, from 9-10 a.m. Thursdays. Walk-in legal assistance is offered to all DOD ID cardholders from 9-10 a.m. Tuesdays, but retirees must call 210-652-6781 to make an appointment to speak to a lawyer about will preparation.

Once the questionnaire is complete, the client can come and meet with an attorney, who prepares a draft of the will for review, Myers said. The time it takes to prepare the will varies from case to case.

“If it’s just for the wife and kids, it will take a lot less time,” he said. “The more detailed it is, the longer it takes, especially when more people are included with different money and property distribution.”

The executor of a will “executes,” or carries out, the terms of a person’s will.

“It could be a spouse, an adult child, an attorney or the trust department of a bank,” Myers said. “A big plus is having a family member who knows what you want.”

The will also includes information such as who will serve as guardian, the person who will take custody and care of the deceased’s children under the age of 18 if no parents are alive, and the trustee, the person who will manage the money and/or property left to children until they reach a certain age.

For funeral arrangements, the questionnaire lists four options: cremation, burial with full military honors, burial at a specific location and burial with a spouse, if applicable.

“People can get really creative with funeral arrangements,” Myers said, “but the two most common choices we see are burial at the Fort Sam Houston National Cemetery or a family plot.”

Ancillary estate planning documents give the client options to choose a living will, a medical power of attorney and a springing power of attorney.

A living will states a person’s wish to decline life support or other medical treatment in certain circumstances, usually when death is imminent.

No two wills are alike, Myers said.

“Everybody wants something a little different,” he said. “We do our best to steer people away from potential pitfalls.”

Although people can complete an online will, Myers recommends consulting an attorney.

“Online wills usually get you to about 60 percent of what you want; it’s a one-size-fits-all will,” he said. “It may not cover certain situations, so you really need to see an attorney to get it done right.”

At JBSA-Randolph, the 502nd SRG JAG office conducts will-signing ceremonies every Friday morning. During those sessions, which serve as many as 32 people throughout the morning, Myers or another attorney will ask questions of attendees and offer advice to them, such as keeping the will in pristine condition and placing it in a safe location.

Updating the will periodically is also important, Myers said.

“Take a look at your will every four or five years,” he said at a recent session. “If you had changes in your life … come on in and we will gladly update the will for you to make sure it’s current.”