Semper Fi, Semper Prepared: Estate Planning Considerations for Veterans

Veterans face unique estate planning challenges, from frequent relocations to navigating military benefits, and clear communication can make all the difference. In this episode, Peter Klenk shares practical guidance on how service members and veterans can protect their wishes, their families, and their legacy.

Transcript

Hi, everybody. It’s Peter Klenk, Klenk Law. And today, our death and taxes conversation is gonna focus on the military. Title, “Semper Fi, Semper Prepared”—but it applies to all vets. I’m a Navy guy. The title just sounded cool.

You know, I was in the JAG Corps in the Navy, so we took care of all the Navy, active duty, retired, and the Marines. And the Marines were a great bunch to work with. They were always, always ready—always prepared. It’s true. But really, Air Force, Army, Coast Guard—you guys, it’s all the same, because serving our country.

But what does that mean? It means we move around. It means that you don’t really know where you’re gonna be three or four years from now. And that life brings in certain complications. Most people, when they’re doing estate planning, kind of assume that they know where they’re gonna be. They get a plan, they get a job, they’re staying in some place for a very long time. And with being in that, there are complications that you need to kind of plan around.

Let’s talk about some of them. I’m gonna go over just general things.

When you are a veteran, you do have access to the JAG Corps group that can help you with trusts and estates. When I was in during Desert Storm, we actually got mocks for serving. We took care of things during Desert Storm. It was just an incredible amount of work.

So there are good people there, but sometimes the person just doesn’t have any trusts and estates training. They just don’t. They only know a certain amount, and there isn’t a ton of training in the military for doing the wills and doing planning. So if you have a complicated situation, especially if you have kids, and need trusts set up, you might need somebody else to help you.

And usually, you know, you have a home, you have a state that you’re from, that you’re still associated with. You probably want to find somebody around there. If you happen to be in Pennsylvania or New Jersey, I’d be happy to talk to you. We have a lot of veteran clients that are, of course, everywhere in the world, but their home base is Pennsylvania or New Jersey, and then I, of course, can help.

Anyways, what are some of the general things? Remember, since you don’t know where you’re gonna be, you gotta ask somebody who’s gonna have to step in and take your planning. Now, they don’t know you if you don’t talk to them, right? They don’t know—are you a resident? Are you still a Texan? And they don’t know, right?

So even the simplest matter of where they file your will can be tricky. And you don’t really want these people signed up to enable your stuff and go through a lot of pain in this offering. You want them to be able to help out and make it easy on them. So a little communication would be a good thing.

So you pick your agent if you become incapacitated, your executor, your trustee, depending on whether you use a will or trust. But make sure you’ve communicated well with them—not just, “Hey, would you do it?” but more detail. Like, where are you filing? “Yeah, I’m still taxing in whatever county. I’m still from Philadelphia, so you go file it at the Register of Wills there.”

And this can be a confusing matter for them, because who’s doing your death certificate? It can be a mess. Because if the person does your death certificate in—I'm just throwing out Iraq, right? They might not know a ton about you and put down that you’re a resident of Florida. But in reality, you’re not, and now it’s a big mess.

So again, good communication with your people, so that they know who’s supposed to step up, who’s supposed to communicate for you, who’s supposed to convey information, is a good deal.

And then, is this private? Some people say, “Hey, here’s how to get ahold of my stuff, and I don’t care on my plan, but it’s my private business.” That’s your business. But if you feel comfortable sharing what your plan is with them, that can help them too, right? They can communicate and diffuse people’s preconceptions or opinions about the situation and know what they’re getting into.

I mean, if you’re disinheriting your spouse because you separated, that’s gonna potentially be a fight. They should know what they’re getting into. Let them know as much as you feel comfortable with.

Now, this also comes down to a very practical part about the military. Where do you keep your will? Where do you keep these documents? Remember, the JAG will do your documents for you, but they don’t keep them for you. That’s on you.

Now, if you’re traveling around and it’s in your stuff, how does your executor get to it? I mean, how do you even find it? It’s gonna be a mess. So if you really trust them, another practical answer is you could bundle it up, seal it, and send it to them so they can hold onto it for you, if you trust them. So if something does happen, they immediately have it available.

Look, anybody can stumble through what to do with yourself when you’re dead eventually, especially if you don’t have kids. But if you have kids, we do want to be a little more precise. But if you become incapacitated and somebody needs to step in with your power of attorney, right, to write checks for you and make medical decisions, they do need that document.

If they don’t have it, it can’t help you. They can say, “Look, he told me I’m his agent,” but that’s not gonna help. They actually need that document. So you’re getting it done, but don’t just grab it from JAG and throw it in your drawer and forget about it. Follow through and realize that it’s not gonna do you much good if they don’t have it and can’t execute on the plan.

And then make sure that if you have benefits—because depending on when you signed up, when you were in, where you’re at—you might have certain benefits. And the person you’re talking to might not have any idea what they are. Burial arrangements, things like that.

So if there’s something you really want to have done as a benefit, make sure that they know about it. Now again, you don’t have to explain it to them if you don’t feel like it. But you can write it down, put it in an envelope, and make sure they have it—“open upon my death” or something. That’s your private business. But at least then your plan will be carried out.

Now, I’m gonna tell you a story. When I first started out in my practice, a family called me up from Wisconsin. And I was JAG in the shipyard in Pennsylvania at the time. And their question was this. They said, “Well, we opened Grandpa’s will, and it says that he wants to be buried at sea,” which is one of the things you could arrange through the Navy. The problem is, of course, they buried him in Wisconsin about a month before.

And they wanted to know, now what do we do? And I guess the right answer is you carry out his wishes. You know, he’d spend all that money, and you’re gonna spend a lot more. But the real answer is they’re not gonna do it, because nobody’s gonna make them do it.

So if you add something specific you want to have done, you gotta make sure everybody knows about it. And then you pick people who are serious and will execute your plan and make sure your wishes are taken care of. Communication is gonna be key here, way more so when you’re in the military than when you’re not, because of the potential of distance and the confusion that comes from that.

So anyway, those are the basic things.

Remember, if you have a really basic plan and you just want to put it together, get your documents, go see JAG, make your appointment, get that box checked off, and make sure that everybody you name has what they need to help you out.

If you’ve got something more complicated, they might not be able to help you out. It depends on who’s in charge. And remember, they don’t get trained a lot, so don’t hold it against them if they can’t handle something complicated for you. That’s when you should reach out and find somebody in your county where you’re from, so you can make sure that your plan is carried out at the end.

So that’s everything, guys. That’s it for today. You guys take care. Be well. Be safe. Like and subscribe if you’d like to hear more, and I look forward to talking to you again.

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