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 Why Having a Lawyer is Important

The Big Picture. . . Why Having a Lawyer is Important

Each state has different laws, and you may need to be covered in the state you declare as your home state and the one in which you are stationed. Because the laws are difficult, it is good to have a lawyer handle your estate plans.

Always keep in mind that there are almost no absolutes in the law. That is, virtually every rule or law has a list of exceptions, sometimes much longer than the rule or law itself. Also, the laws regulating wills, trusts, guardianship, and probate are state laws, and every state's laws differ from every other state's laws. Just because you know the law of intestate succession in Ohio does not mean that you know how Illinois handles it. And finally, the law is constantly changing. Legislatures write new law, modify old law, and the courts constantly rule on what the law means.

The preparation of the documents for an estate plan is the practice of law; therefore, having these documents prepared requires the services of an attorney. For individuals in the military service, the first place to consider is the JAG. Many JAG offices will prepare most, if not all, of the documents for a simple estate plan. For individuals with more complex estate-planning needs—especially anyone with an estate worth over $1 million or with special family circumstances such as a special-needs child—the JAG may not be able to prepare the estate plan. In this case, a good way to find an attorney who specializes in estate planning is to contact the local bar association. Not all attorneys are qualified to prepare complex estate plans, and the local bar association should be able to direct you to an attorney who practices in this area.