VICENZA -- There are many misconceptions about who needs a will and who doesn't. At a recent SRP (Soldier Readiness Process), many Soldiers explained why they didn't need a will, why they didn't have a will, or why they hadn't made a will just yet. Here are some of the misconceptions that may be preventing people from creating this important document.
"If I don't have a will, won't everything just go to my spouse/kids/parents automatically?"
Who actually inherits from you depends on many different factors, and is subject to the laws of your state of residence or the state where the property is located. Depending on the state and your family situation, this could mean that everything you leave behind goes to your parents, your spouse, your children, your siblings or some combination of those groups. By executing a will, you decide who will inherit what you've left behind, rather than leaving it up to the state and the courts.
For those with children, keep in mind your will doesn't just pass along wealth and property; it also allows you to designate who you'd like to care for your children after you're gone. If you haven't memorialized this preference in a will, it may be up to a judge to decide who will raise your children and watch over their property. The judge won't know you, your children or your relatives as well as you do, and may leave your children to someone you would never have wanted to care for your children.
I've already filled out my DD93, DD214, and my SGLV 8286, so I'm all set, right?
Wrong. Those forms you filled out with the S1 only distribute service-related benefits; they don't control what happens to everything else you own. Bank accounts, investments, real estate, vehicles and other personal possessions are not covered by any of the forms the Army has you fill out during inprocessing and SRPs.
"But I don't even have kids; why should I get a will?"
In addition to allowing you to specify who inherits from you, your will is your chance to tell the courts who will be in charge of your estate. One of the most important things you'll do in your will is to appoint an executor or personal representative for your estate. After your death, this person will be empowered to carry out your wishes and settle your estate (e.g., notify banks, credit card companies and government agencies of your death; pay debts; contact heirs; pay taxes; collect, maintain, protect and distribute your property; and sell property). An executor is entrusted with an enormous amount of responsibility in ensuring your last wishes are executed properly. By naming this person in your will, you'll ensure that someone you trust is managing your affairs.
Without a will, the court will step in and appoint an administrator who will take on the responsibilities of an executor. Every state sets out an order of priority for judges to follow when appointing an administrator. This process, however, takes time and may delay decisions regarding your assets. In addition, there may be higher costs for administering your estate, legal fees, and additional income taxes payable.
"I keep meaning to make a will, but I just can't seem to find the time."
At the Vicenza Legal Assistance Office, we try to make the process of making your will as quick and painless as possible. Just stop by during regular business hours to pick up our "Estate Planning Questionnaire." You can take this questionnaire home and fill it out at your leisure. When you're done, drop it off at the legal office and schedule an appointment to return to review and execute your will. Legal Assistance attorneys are also available to answer any questions you may have about the estate-planning process and to discuss options for leaving your property to your intended heirs or other more complex arrangements, such as setting up a trust for a child or disinheriting a family member.
If you want a say in how your property is distributed in the event of your death, a will is the appropriate legal document for you.
For more information or specific advice, contact the Vicenza Legal Assistance Office in Building 166 on Caserma Ederle at DSN 637-8834, comm. 0444-61-8834.
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