Yes, but the type of trust decides who does the work. Military legal assistance offices handle a meaningful slice of trust and estate planning at no cost, yet they draw a firm line between what they prepare in-house and what they refer to private counsel. For families providing for a dependent, especially a dependent with disabilities, knowing where that line falls prevents both wasted trips and false expectations.
What legal assistance prepares in-house
Legal assistance attorneys routinely provide general estate-planning advice and prepare wills, including wills that contain testamentary trusts, trusts created within a will that come into being when the person dies. For many families, that is exactly the tool they need: a will that channels assets into a trust for a child or other dependent rather than handing it to them outright.
This is everyday work for a legal assistance office, and it is free to eligible service members and dependents.
Where the line falls
The boundary is the living trust. If a family needs a revocable or irrevocable living trust, a legal assistance attorney generally will not prepare it, and the recommendation is to seek experienced private civilian counsel. The same is true for more complicated estates, such as those involving an S corporation or a working farm, or simply estates large enough that the office’s services have a limit.
Often that limit is determined after a first consultation. The attorney meets the family, assesses the complexity, and either drafts the documents or explains why a civilian specialist is the right next step. Either way the family leaves with a clear plan.
The special-needs trust
The most important case for many military families is the special needs trust (SNT), also called a supplemental needs trust. When a dependent has a disability, leaving money to them directly can disqualify them from needs-based benefits like SSI and Medicaid. An SNT is designed to improve that dependent’s quality of life without jeopardizing access to those benefits.
Legal assistance offices can help with special needs trusts and the related guardianship proceedings. This is also where planning tools connect: a Survivor Benefit Plan annuity, for example, can be directed in a way that works with an SNT rather than against the dependent’s benefit eligibility, which is one reason families with special-needs dependents are urged to plan deliberately rather than piecemeal.
Referral when it gets complex
For instance, a parent of a disabled child can have a legal assistance attorney build a special-needs provision into a will-based trust, while a complex living trust is referred to a civilian estate specialist.
When a matter exceeds what the office can do, the referral path is concrete. Based on financial need, a family can be referred to the American Bar Association’s Military Pro Bono Project for more in-depth help. One caution outlasts the others: trust and estate law varies from state to state, so a tool that works cleanly in one jurisdiction can behave differently in another. That state-by-state variation is exactly why a consultation precedes any drafting, and it is a consultation the base legal office is built to provide.
Frequently Asked Questions
What happens to a trust if the family moves to another state?
Trusts are governed by state law, so a move can raise questions about administration and validity. A review after a permanent change of station is a sensible precaution.
Who should be named as trustee for a dependent’s trust?
This is a significant decision, because the trustee manages the assets for the beneficiary. Families often weigh a trusted individual against a professional or institutional trustee, each with trade-offs.
Can a trust be changed after it is created?
It depends on the type. A revocable trust can generally be amended by the person who created it, while an irrevocable trust is much harder to change, which is one reason the choice between them matters.
This article is general information about military legal assistance and trusts for dependents. It is not legal or tax advice and does not create an attorney-client relationship. Estate and benefits rules vary by state and change over time. Families should consult their legal assistance office or a qualified civilian attorney before creating any trust or estate document.
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