Do you have a will?

  • Published
  • By Lindsey S. Albano
  • 18th Wing Legal Office
KADENA AIR BASE, Japan --  What is a will?

A will is a legal document that dictates the distribution of your property in the event of your death. Accordingly, your will can set forth, among other things, who your beneficiaries will be and what they will inherit, as well as how to pay for funeral expenses. A will can also be used to create a trust to benefit your children, for example. Your will also names an executor, who will oversee the distribution of your property.

What else should I think about when I'm working on my will?

In addition to considering who will receive a share of your property, one issue that often require some extra thought is guardianship of your children. When you die, guardianship of your children typically passes to the surviving parent. For blended families, be aware that guardianship may therefore not necessarily be governed by the terms of your will. In addition, note that guardianship usually does not become an issue unless both parents have passed. Thus, you should designate someone other than the surviving parent as a guardian.

Is a will necessary? What happens if I die without a will?

If you die without a will, your property will pass to your heirs according to the laws of intestacy, which can vary from state to state. For example, if you are married, your property may pass to some combination of your spouse, children, and/or parents, or if you are not married, to your children or parents, in that order. In some instances where no heirs can be identified, your property may pass to the state.

When should I update my will?

If you get married or divorced, and/or if you have children, you may want to consider updating your will to ensure that these individuals benefit from your estate in accordance with your desires. In addition, if your will has been lost or mutilated (e.g., torn and/or written on), you may want to consider updating your will. In the case of a mutilated will, for example, it is possible that a court will consider the mutilated will to have been partially or even completely revoked.

What is a living will?

A living will, also known as an advanced healthcare directive, provides instructions as to what actions you would like to be taken with respect to your medical treatment, in the event that you are unable to make these decisions yourself. For example, through a living will, you can specify under what circumstances you would like to receive or discontinue life-sustaining treatment.

What is a durable power of attorney for healthcare?

A durable power of attorney for healthcare grants an individual with the power to make healthcare decisions for you, in the event that you are unable to make these decisions yourself. Whereas a living will states what type of medical treatment you wish to receive, a durable power of attorney for healthcare appoints an individual to make these decisions on your behalf. In some states, a living will and a durable power of attorney for healthcare may appear in the same document.

What is the process for obtaining a will, living will, and/or durable power of attorney for healthcare?

Start the process by filling out the online will worksheet available at https://aflegalassistance.law.af.mil. Upon completion of the worksheet, a ticket number will be generated. Next, contact the legal office to make an appointment to discuss, finalize, and execute your will. Please provide your ticket number at that time. Will appointments are scheduled for Tuesdays at 1:00 p.m., 1:30 p.m., or 2:00 p.m.

For more information, contact the Kadena Legal Office at 634-3300.