Four Things Every Airman Should Know About wills

  • Published
  • By Captain Willie Babor and Staff Sgt. Ashley Pruitt
  • 7th Bomb Wing Legal Office
DYESS AIR FORCE BASE, Texas --  With the current rates of deployment and the reality of no end in sight, a critical part of personal mobility readiness is an Airman's personal financial plan.

A key part of this plan is estate planning, or the "what if" planning for the member's family and loved ones. "What if" I am injured? "What if" I cannot pay my bills because I am incapacitated? "What if" I die before my spouse or my children? For all of these "what if's," there is estate planning that is offered at the Dyess Legal Office. The legal office offers basic estate planning, wills, durable powers of attorney, medical directives (living wills), and other associated estate planning documents. Because these options might sound daunting we've answered the four questions every Airman should know about wills and estate planning:

#1. Do I need a will? In most situations, you need a will. If you have a spouse, a child, real estate, or any valuable asset - you need a will. The Dyess Legal Office offers active duty, guard and reserve, and retirees basic wills free of charge.

If you are married, you need a Will. Many people often think that their estate will automatically go to their spouse when they die. This isn't always true. Under certain circumstances other members of a person's family might have a claim against their estate. Without a will these claims could result in a delay in settling your estate.

If you have children under 18, you need a will. If you don't appoint a guardian for your children, the state will. Often times the state will choose different people than you would have. A will ensures you designate who you want to serve as guardian for your children, not the state.

If you have children from a previous relationship, you need a will. The will serves to protect your children's interests in your estate and also can serve to preserve your wishes for their future.

If you have significant assets, you need a will. When you die your assets will be frozen until the administration of your estate is completed. This could take months and cause distress and financial difficulties for those you care about.

"In a will you can provide for your family's or partner's future... completing your will means that all you own goes to those you care about and not whom the law has chosen. It means you've done all you can to provide protection for your family. In a will you can leave something to a relative, friend or charity. A will is a wonderful way to remember someone special and to be remembered by someone."

#2. Should I get a durable power of attorney? Yes. Whether you are deploying or not, you can be injured and most likely you will not have anyone designated to make the critical medical and financial decisions during this period. There is a chance in your lifetime that you may be seriously injured, ill, or otherwise unable to make decisions regarding health care. If this should happen, it is important to have someone who knows your values and in whom you have trust to make such decisions for you.
***A Quick Note on living wills - The purpose of a living will is to document your wish that life-sustaining treatment, including artificially or technologically supplied nutrition and hydration, be withheld or withdrawn if you are unable to make informed medical decisions and are in a terminal condition or in a permanently unconscious state.

#3. When should I update my will? If you get a will drafted at the Dyess Legal Office your will remains valid forever. This means that when you PCS, separate, or just move, your will remains valid and enforceable in whichever state you move to. But just because your will is valid does not mean you should not update it periodically. Typically, you should update your will whenever there are major changes in your circumstances including if you get married, get divorced, have a child (or another child), or gain significant new assets.

#4. Should I claim "By Law" on my SGLI? Most often, no. The "By Law" designation may not pay the life insurance proceeds out as you would like. For example, if you are engaged, you might rather have the proceeds go to your fiancée rather than to your parents. If you are estranged from your spouse but not divorced, you may not wish for the benefits to be paid to your spouse. There are many other reasons one might not want the money to go "By Law" and properly designating beneficiaries will avoid any unwanted consequences.

If you have any questions about your personal estate planning the Dyess Legal Office can help. The legal office is located at 7 Lancer Loop on base, upstairs from Wing Headquarters. Walk-in legal assistance is available on Friday from 9 - 10 a.m. and by appointment throughout the week. For additional information call (325) 696-2232