Can a military attorney assist with wills and estate planning?

Yes, and it is one of the most-used services a legal assistance office offers, prepared at no cost. A will is the foundation of an estate plan, but it works best as part of a small set of documents that together cover death, incapacity, and medical decisions. Understanding the package, and where its limits are, is the value a military attorney adds.

The will, and what it does

A will is the document that directs who receives a person’s property after death and names an executor to carry out those wishes, and, for parents, it can name a guardian for minor children. Legal assistance offices routinely prepare wills, with or without testamentary trusts, at no charge for eligible members and dependents.

The alternative to having one is not neutral: a service member who dies without a will has their property distributed under state intestacy law, a default formula that may not match what they would have chosen. The will is how a person replaces that default with their own intentions.

The package, not just the will

A sound estate plan is usually three documents working together, all of which a legal assistance attorney can prepare:

  • A will, which takes effect at death.
  • A power of attorney, which lets a trusted person handle financial and legal matters during life, especially if the member is unavailable or incapacitated.
  • An advance medical directive, which records health-care wishes for a time when the person cannot speak for themselves.

Seen together, the set covers the three gaps a family can fall into: who manages affairs in life, who decides medical care, and who inherits at death.

Where it hands off

The free, in-house service has sensible limits. For straightforward estates, the legal assistance office can prepare the whole package. For complex estates, those needing living trusts, or involving substantial or business assets, the attorney explains the options and refers the member to private counsel and, where relevant, a tax professional. The honest boundary keeps a member from relying on a basic will where their situation calls for more.

Consider a young parent with no will: dying intestate lets state default rules decide guardianship and distribution, which a simple will, paired with a power of attorney and an advance directive, can replace with the parent’s own choices.

The takeaway is that estate planning is among the most accessible legal protections a service member has: a will and its companion documents, prepared free, that replace a one-size-fits-all default with a plan tailored to the family, with a clear path to specialized help when the estate is complicated.

Frequently Asked Questions

What documents make up a basic estate plan?
Typically a will, a power of attorney, and an advance medical directive, which a legal assistance office can prepare together as a set.

Is there a cost to have a will prepared by a military attorney?
No. Wills and related estate-planning documents are prepared free for eligible service members and dependents.

What happens if a service member dies without a will?
State intestacy law determines who inherits, which may not match the member’s wishes, which is the central reason to have a will.


This article is general information about wills and estate planning. It is not legal or tax advice and does not create an attorney-client relationship. Estate law varies by state and can change. Service members should consult their legal assistance office and, for complex estates, private counsel.

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