The Importance of Estate Planning for Military Families

For military families in or near Overland Park, estate planning is crucial, not optional. Due to service demands, frequent moves, and deployment, unexpected events can create significant legal and financial issues without a solid plan. Our team simplifies this complex, often traumatic, process, allowing you to focus on your loved ones. Estate planning protects your family and ensures your wishes are met, regardless of asset size.

What Estate Planning Includes for Military Families

Estate planning is not a single document. It is a collection of legal tools designed to protect your family and assets. For military members and their families in Kansas, some essential documents include a Last Will and Testament, Powers of Attorney, and a plan for guardianship of minor children.

A Last Will and Testament

A Last Will and Testament is the centerpiece of most estate plans. In Kansas, a will must be in writing and signed by the person making it, and it must be attested to and subscribed by two competent witnesses. This is crucial to ensure the will is valid under Kansas law. A will allows you to:

• Appoint a personal representative to manage your estate.
• Distribute your property to beneficiaries.
• Nominate a guardian for your minor children.

Without a will, Kansas law dictates how your property will be distributed through a process called intestate succession. Your assets would be divided among your closest relatives according to a strict formula, which may not align with your wishes. It is crucial for military families, who may have assets spread across different states or countries, to have a clear will that specifies their desires under Kansas law.

Powers of Attorney

When a military member is deployed or unavailable, Powers of Attorney (POAs) become critical. In Kansas, a POA is a legal document that gives someone else, called your agent, the authority to act on your behalf. There are two main types to consider:

• Durable Power of Attorney for Financial Matters: This document allows your agent to handle your finances, such as paying bills, managing bank accounts, or selling property, if you become incapacitated or are unavailable. Kansas law requires a durable power of attorney to include specific language to remain effective during incapacity.
• Durable Power of Attorney for Healthcare: This gives your agent the authority to make medical decisions if you cannot. Without this document, your family might have to go to court to get this authority, which can be a lengthy and stressful. For families near military bases like Fort Riley, having these documents in place is especially important to ensure continuity of care and financial management while one spouse is deployed.

Special Considerations for Military Families in Kansas

Military life presents unique challenges that a standard estate plan might not address. We help our clients navigate these specific issues.

• Location, Location, Location: Military families often move. Your “home of record” might be Kansas, even if you are stationed elsewhere. This is your legal domicile and the state whose laws generally govern your estate. A properly drafted Kansas will and other documents will be valid regardless of where you live or are deployed. This is why working with an attorney understands Kansas law is so important.
• Beneficiary Designations: Many military benefits, such as Servicemembers’ Group Life Insurance (SGLI) and the Survivor Benefit Plan (SBP), use beneficiary designations that operate outside of a will. It is crucial to ensure these are up-to-date. If your SGLI beneficiary form lists your ex-spouse, but your will leaves everything to your new spouse, the SGLI will still go to your ex-spouse. We help you review all your beneficiary designations to ensure they align with your overall estate plan.
• Guardianship for Minor Children: Your will is the place to nominate a guardian for those with children. A guardian will care for your minor children if both parents die. A court must approve this choice, but a nomination in your will is often given a lot of weight.

How We Can Help You Create a Game Plan

Thinking about estate planning can feel like a heavy burden. It involves confronting complex topics that most people would rather avoid. But ignoring the need for a plan can create a much bigger, more traumatic situation for your family in the future. We are here to help you get a game plan for peace of mind.

At Barnds Law LLC, we work with you to understand your situation. Our team of attorneys shares ideas and perspectives to use our clients’ time and money effectively. We educate you on your options and advocate for your wishes. We are highly communicative, ensuring you know what is coming and the next steps. We handle the baggage of legal documents and procedures so you can focus on what is important: your family’s security.

Estate planning is a gift you give to your family. It is an act of love that protects them from confusion and stress during a difficult time. If you are a military member or a military family in the Overland Park area and have questions about estate planning, give us a call today at 913-514-0909. We can help.