Wills: a major facet of legal readiness

Legal readiness has many facets. It includes targeting advice provided to Air Force senior leaders, and legal assistance provided to the newest airman. Your judge advocates and paralegals at the legal office work to prevent, overcome or mitigate the adverse effects of legal problems. These problems have the potential to limit mission accomplishment and individual duty performance. Legal officers pay special attention to prepping airmen--and their families--for deployment. When successful, the Air Force is legally ready, and that state is a critical component of the overall operational and individual readiness. One important aspect of individual readiness is the will. The best way to prepare a will for our airmen is to develop it, not just write it. This begins with completing the will worksheet available at your legal office in advance of a will appointment. This is a great time to review emergency data, use the new virtual AFPC Web-based access, and Serviceman's Group Life Insurance (SGLI) inputs. See the personnel office, for accuracy too.

The judge advocates at the base legal office are authorized and qualified to provide assistance in developing and writing wills. Air Force Instruction 51-504, Legal Assistance, Notary, and Preventive Law Programs, May 1, 1996, cites the preparation of wills as one of the important legal assistance services.

Legal officers have the expertise to develop appropriate wills for the vast majority of Air Force members. It is critical that airmen prepare for this appointment. Checklists and worksheets ensure that airmen consider specific factors that make the will an effective legal instrument to provide for survivors and institutions designated as beneficiaries. To protect privacy and ensure full disclosure, communications made to a judge advocate during these will discussions are privileged and confidential.

To provide the best service in preparing wills, the judge advocate will need answers to these essential questions:

* Whom do you wish to benefit in your will?

* Who will serve as guardian for minor children?

* What are your assets and liabilities?

* Who do you want to serve as executor to manage the disposition of your estate and assets?

* What assets do you have that will not pass through the will, for example, insurance policies? Discuss with your JAG.

The first issue is perhaps the simplest, especially for airmen without children. Usually military members seek to benefit their immediate family or dependents but this is not always the case. They may desire to leave something to other individuals or institutions, friends or charities.

Second, airmen with children need to determine who will raise their children--for many, the most important question to resolve in anticipation of preparing a will. Obviously military members, spouses and ex-spouses should discuss this before arriving at the legal office.

Members should consider what assets are available to fund the estate. Bank accounts, property (including real estate), and personal effects should be listed and accounted for by designating what each individual or institution is to receive. Bottom line: Come prepared to discuss the ownership interest of your personal and real property at your will appointment.

For many junior personnel, the SGLI will comprise the largest asset they have. Airmen must understand that this asset, significant though it may be, does not pass through the will. Attorneys must remind airmen to review their SGLI designations made in the insurance election and certificate, form SGLV 8286, to ensure that it tracks with overall testamentary desires. Other benefits that do not pass through the will include: lump sum Air Force and Social Security death gratuities, unpaid pay and allowances owed the military member, and (depending upon length of service) payments pursuant to the survivor benefit plan.

Specific information on these benefits is available at http: //afpc.randolph.af.mil/casualty/ benefits1.htm.

Airmen should bring to a will appointment a list of liabilities. These

may include a mortgage, car or other personal loans, which will have to be paid from the estate, and which diminish assets available to pass on to those designated as beneficiaries. Include your insurance policies. Many people have insurance in place to pay off liabilities or to go directly to a beneficiary. Airmen assist their Air Force JAG by writing all this down before the JAG drafts the will.

A will designates a responsible person as the executor of the estate. This is the person with the responsibility to carry out the provisions in the will. Assuming prior planning, the executor will have access to the assets necessary to fulfill testamentary desires as set forth under the terms in the will. Individuals with good core values--integrity, excellence and responsibility--should be considered for service as an executor.

Finally, as part of an airman's individual readiness strategy, powers of attorney, medical and otherwise, and a living will should be discussed with the judge advocate drafting the will. Addressing these issues will minimize family members' anguish later, and maximize ability to serve, secure in the knowledge that personal affairs are taken care of.

TIG Brief thanks Lt. Col. Tim Guiden of the Air Force Legal Service Agency for his assistance in preparing this article. He is with the agency's Legal Assistance Division.

Col. Gary Leonard, USAFR Col. Wayne Wisniewski AFIA/JA wayne.wisniewski@kirtland.af.mil

COPYRIGHT 2003 Air Force Inspector General
COPYRIGHT 2003 Gale Group