Are there any family lawyers in the house?

[Squatch]

Got a question for you. I am deploying in 2 weeks for Afghanistan and need
to draw up a will and POA. Ft Meyer has free legal assistance, but their
turnaround time is fairly long (~4 weeks or so).

Can I draw up a will and general power of attorney using an application like
Willmaker and have them notarized? Will such documents stand up to legal
scrutiny?

Thank you very much!
Brian

[taterguy]

1. Free legal advice on the Internet is worth what you pay for it

[notadmblnd]

2. In Michigan, you can go the the Secretary of State and get a power of attorney form and assign it to

anyone. I don't know if it works he same way in other states though.

[Serial Mom]

3. Not a lawyer, but wishing you well once you deploy!

Be SAFE!

Doesn't the armed forces provide that for you? I guess it's a dumb question since they don't provide so many things for our troops!

[Squatch]

5. They do, but their turnaround time is very slow...

I'll already be gone by the time they can get those documents back to me.

[Catshrink]

4. Best wishes to you in Afghanistan.

My nephew goes next summer. Be safe.

[ProdigalJunkMail]

6. i have used LegalZoom in the past

and have been happy...don't know how long it takes to turn around a will...

sP

[LiberalEsto]

7. Call your county Bar Association

They have a lawyer referral service, and an initial consultation usually costs around $40. They might also be able to refer you to someone who will take care of you pro bono (no charge).

Good luck and stay safe!

[Virginia Dare]

12. Law schools will sometimes do that too...n/t

[madinmaryland]

8. Best of luck and be safe!

Will you be keeping in touch with DU? Are they still on 12 or 15 month tours of duty over there?

[Squatch]

9. I will try to as much as possible.

I'll probably be out of pocket for long periods of time, though. I'm going for 13 months.

[TexasObserver]

10. The answer to your question is YES, you can use such forms, but

The answer to your question is YES, you can use such forms, but you're talking about an area of the law that is STATE law, so you have to make your will and power of attorney under the laws of the state where you want them interpreted.

You're in Florida? Do you want Florida law to apply, or do you come from some other state, and want that state law to apply?

I don't do family law, and don't do wills, but both areas are controlled by state, not federal, laws. A will can be enforceable no matter who writes it, but states have different rules about making a will self proving. You want your will to be self proving, which usually means it requires sworn signatures of at least two witnesses who are not interested parties and are not receiving anything under the will. If you have children, or have any on the way, you want to mention each one in the will, particularly if you're not leaving them anything. This will show that you did not omit them accidently. Same deal for a wife, or common law wife. You probably want to provide for allowing an executor for your estate, someone you know and trust. Otherwise, the court will have to appoint an administrator, and you'll have some friend of the judge running your estate, and charging it for such administration.

I encourage you to find an attorney to help you effect your intentions. First try the local VFW, then try the USO. Someone will know an attorney locally who will either do it for free or cut you a deal. If that doesn't work, get your local telephone book, look up the County Bar Association, call them, and ask for their help. Someone locally will help you, and probably do so for free.

Good luck on it.

[TexasObserver]

14. PS. Something is better than nothing, so whatever you do, get them done.

Even if you just pull some forms from online and fill them out, you're better than not doing it at all. The court has to have something that remotely looks like the documents you want, signed by you, dated by you, and having the appearance of legitimacy.

So get something done, even if you do it yourself. Remember that you can make a new will or new power of attorney any time you're alive and still cognizant. The new ones replace the older ones, as you create the new documents.

Also, remember that a power of attorney is only effective as long as the person who signed it (1) was of sound mind at the time it was signed, and (2) is still alive. A power of attorney automatically terminates upon the death of a person.

When a person dies, all his powers of attorney are automatically revoked by operation of law. A whole new set of laws attach: the laws of wills, probate, and testamentary succession. Under those laws, either the executor you name in your will or an administrator appointed by a court of competition jurisdiction will run your estate, pay its bills, garner its assets, and distribute your estate as per your will.

[Squatch]

17. Hey, this is GREAT information. Thank you!

[TexasObserver]

18. Sure thing. I was a soldier 40 years ago.

Vets are going to want to help you, and there are millions of us out there.

[Ilsa]

11. Good luck in Afghanistan, Brian! We'll be thinking about you. Try to

post occasionally to let us know how you are doing if it doesn't cause you any problems. Husband's cousin leave for A. in January. :hi: :yourock: :hug:

[treestar]

13. It depends on the state law

There might be special rules for the military, though.

Ask a local lawyer or go to a law library and read the code - it's be called Estates, Wills and Estates, Estates and Probate, Testamentary, or something along those lines. It is likely to be online, too. What state do you live in?

[Botany]

15. Va. State Bar Association

http://www.vsb.org/site/public/

phone #s and links ... call em bet you they would help you.

P.S. Thank you for your service and keep your head down. :patriot:

[Beausoleil]

16. Take care over there, Brian! n/t

[madrchsod]

19. keep safe over there

we`ll be thinking of you and if you can report back.....:patriot: