Free estate planning, wills available

  • Published
  • By Capt. Eric Brooks
  • 341st Missile Wing Legal Office
MALMSTROM AIR FORCE BASE, Mont. --  Many Airmen who have not deployed--and even a few who have--may not know the Air Force provides free estate planning services to all active-duty members and dependents. Estate planning is actually a key part of the free legal assistance the Air Force provides to Airmen. A type of document known as a "will" sits at the heart of estate planning.

Formally known as a "last will and testament," a will is a document that dictates, with some exceptions, where a person's things go when that person passes. A will allows a person to distribute specific goods to specific people, and ensures that distribution happens in an orderly fashion. In short, a will allows a person to give his house to Harry, his ring to Rosie, his truck to Tommy, and so forth.

Without a will, a person's possessions pass according to the laws of intestacy upon his death--"intestacy" means "the status of being without a will." The laws of intestacy set up default rules about where a person's possessions should go upon their death. These laws vary between each state, but they typically attempt to give all of a person's possessions to that person's closest surviving relative. This has two disadvantages relative to dying with a will; first, it is less likely your possessions will go to who you want them to go, and second, it often takes longer and costs more to distribute possessions under the laws of intestacy than it does through a will.

Wills do not cover all types of possessions. Certain types of possessions, known as "non-testamentary assets," do not pass through wills. Instead, these sorts of possessions have their own rules governing who takes ownership of them when their current owner passes. Two very common types of a non-testamentary asset are life insurance and jointly-titled property. Life insurance typically pays out to the person or persons named as its beneficiaries, no matter what a person's will might state. Jointly-titled property, on the other hand, usually goes automatically to the other person named on the title.

Wills deal with more than just assets. If a person has children, one of the most important things a will can do is name someone guardian of those children in the event of that person's death. If all of a child's living guardians pass, guardianship should pass automatically to a guardian named in a will. In most states, this guardianship will only be temporary--a court usually gets to determine who will get permanent guardianship. However, naming a guardian in a will should mean that a child always has someone with the legal authority to care for them. Courts usually give significant weight to parents' wishes. For instance, if both of a child's parents have named the same guardians in their respective wills, a court is more likely to allow those persons to become permanent guardians.

These are just a few of the many things that a will can do for you. If you do not have one yet, please consider giving the Malmstrom Legal Office a call at 731-2878. Legal assistance hours are Tuesday through Thursday from 8 to 10 a.m.