Be WILLing to leave assets behind Published Aug. 10, 2006 By Senior Airman Cassandra Locke 43rd Airlift Wing Public Affairs POPE AIR FORCE BASE, N.C. -- Death may not make for the best dinner conversation but its something family members should consider discussing when it comes to who will claim their assets upon death. Having a last will and testament may cross the minds of those trying to meet their deployment outprocessing checklist, but everyone should consider getting a will and updating it as changes in life occur. If no one is designated to inherit your assets when you die, the state has control of dividing your assets. A last will and testament is the legal document that controls the disposition of property when someone dies and may provide for guardianship for children after a death. "A will is a dead person telling a living person what to do with a dead person's stuff," said Daniel Peterson, 43rd Airlift Wing Legal Office. A beneficiary is the person who receives property through a will. One may leave all of his estate, property and personal belongings to a single beneficiary or it can be divided among several people. You can write almost anything into a will; however, things that are jointly owned cannot be put in a will and neither can life insurance. Mr. Peterson recommends having a primary beneficiary, the person who will inherit the estate upon the death, and a secondary beneficiary, those who will inherit assets in the event the primary beneficiary dies before the person with the will. A person can select a third-level beneficiary in the event that both the primary and secondary beneficiaries die before the will-holder. Mr. Peterson said it's important a guardian be named in a will to ensure the children and their estates are cared for in the event both parents should die. "The guardian should be chosen with extreme care because this person will be responsible for raising your children and managing their legal affairs," said Mr. Peterson. Mr. Peterson also said a will stays valid until the person changes it. If there are changes in circumstances after a will has been made -- like tax laws, marriage, birth of children or even a substantial change in the nature or amount of a person's estate -- can affect whether the will is still adequate or whether the property will still pass in the manner the person requests. Talk to the legal office for more specific information. If a person does not have a will, the property of the deceased is distributed by the state where the person resides. "If you don't make a will, you don't have any say as to how your property is divided," said Mr. Peterson. For example, in North Carolina, if the person dies leaving children, the surviving spouse would share the estate with the children. With no will, the surviving spouse receives the first $30,000 of personal property and half of the remaining estate when there is only one child. If there are two or more children, the widow or widower recieves one-third of the remainder and the children two-thirds of same. Mr. Peterson also recommended considering writing a living will. It gives the owner of the will a chance to put their wishes in writing when it comes to end-of-life care. Decisions regarding whether to keep you by way of medical intervention or to not have you kept alive in the event that one is in a permanently vegetative state can be made before it becomes an issue. "The key word is permanently vegetative," said Mr. Peterson. "It's important to consider having a living will in this day and age because of our technological capabilities. Having a living will tells loved ones you have thought about this topic and gives them permission to do what you specify," said Mr. Peterson. For more information on how to create a last will and testament, visit the legal office at 259 Maynard Street upstairs. Also, customers can call the legal office and make an appointment with an attorney at 394- 2341.