Make a will now, enjoy life later

  • Published
  • 82nd Training Wing Judge Advocate
SHEPPARD AIR FORCE BASE, Texas --  One of the most important documents Airmen should consider is their will. The time to think about it is not in the mobility processing line, but right now.

Preparing a will requires preparation and planning to decide how all property should be divided, who should handle the person's affairs or who should be the guardian of any surviving children.

If an Airman does not direct how they want their property to be divided, it will be divided according to the state laws of intestate succession.

For example, in Texas if someone has children who are not the children of his or her spouse and he or she dies without a will, only half of the estate goes to the surviving spouse. The other half goes directly to the children unless they are minors. A will ensures all property will be handled according to his or her wishes.

A will can be prepared for Airmen after a brief meeting with an attorney at the base Legal Office. It should be noted that an emergency data card at customer service does not substitute for a will.

Airmen should also be sure the beneficiaries of the insurance policy are clearly identified and up-to-date because a will does not affect the beneficiaries of an insurance policy.

For example, Airman Smith chose her mother as the beneficiary of her Servicemember's Group Life Insurance when she entered the Air Force. She later married and had children, but forgot to change the beneficiary of her insurance policy. Even if Airman Smith has made a will, the insurance company still would have to pay the insurance proceeds to her mother.

Always make sure insurance policies and wills are up-to-date when there is a change in a family situation such as a birth, death, marriage or divorce.

On an SGLI, or any other life insurance policy, Airmen should not designate the beneficiaries with either of the phrases "by law" or "by will."

The designation "by law" means that the insurance proceeds will be distributed according to the state laws of intestate succession, described above.

The designation "by will" means that the insurance proceeds will become a part of the probate estate. A probate estate is the property passing from a decedent's estate by his or her will or by operation of state intestate succession law. Since some probate costs and attorney's fees are based on the amount of the "probate estate", the designation "by will" could increase the cost of probating the Airmen's estate.

This information is only a guide. If you are not entitled to legal assistance, consult a civilian attorney. If you need help and are entitled to legal assistance, please call (940) 676-4262 for more information. Also visit the legal assistance website at https://aflegalassistance.law.af.mil.