Legal Brief- Pre Deployment

8/14/2019 Legal Brief- Pre Deployment

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Captain James Moorhead, USMCJoint Legal Assistance OfficeMCB Camp Pendleton, CA

Created by

edeployment Legal Bri


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Joint Legal Assistance Schedule

Location: 22 area (Air Station). Building 22161.

ATTORNEY WALK-IN HOURS

TUES & THURS at 0700

Appointments are scheduled on Friday mornings at 0700

Wills/Powers of Attorney Class: Mon & Wed at 1300

Notary Hours: All normal business hours


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What We Will Cover In 25Minutes Estate Planning

Landlord/Tenant Best Practices

Various Consumer Law issues Servicemembers Civil Relief Act

Deployment Myths

Scams that affect Servicemembers andtheir family members.


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Components of an Estate Plan

Will

Powers of Attorney.

Living Will

Advanced Healthcare Directive

Probate Avoidance Measures/Trusts

SGLI Advice

PADD

Death Gratuity


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Important Notes About Wills

NOBODY CAN ORDER YOU TO GET A WILL!

It has to be a VOLUNTARY document in order to be valid.

Show me your last

will and testament!


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What is a Will? Do you need one?

A will allows you to tell the world how to distribute your estateupon your death (where your stuff will go).

You may name an executor in your will. This person willactually execute the instructions in the will.

TWO CATEGORIES OF PEOPLE WHO DONT NEED A WILL!

1.Youre single, you have no kids, and you want all of your stuff togo to your parents in equal shares.

2.Youre married, you have no kids, and you want all of your stuffto go to your spouse.


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You might want a will if

If you have kids.Very important to appoint Guardians andsuccessors Guardians.

* Remember, most biological parents will havesuperior rights to appointed Guardians.

Part ownership in a familyfarm or business

Independently wealthy


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If everything you own is pictured here, you

dont need a will.

You Dont Need a Will


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Powers of Attorney 3 Types

General Power of Attorney

Unlimited discretion to your agent.

Very risky. Pain in your future.

Special Power of Attorney

Agent can only do specific things.

Minimizes risk. Recommended!

Power of Attorney for the Care of Children


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Battle Damage Assessment

Everything on this page was purchasedusing General POAs while the Marine was

deployed


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Powers of Attorney

It is difficult if not impossible to revoke a power of attorneyafter you have given it!

If you want to find out if a business will accept a power ofattorney, contact them.

- Banks, Credit Unions, Title Companies, etc.

Power of Attorney for the Care of Children

Is important if both biological parents are unavailable to

act as a parent.

TEMPORARY responsibility over the child. Does notchange any court-ordered custody.

You give this POA to a non-parent who is available in

case of an emergency. Very important if you have kids.


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SGLI

It is not paid automatically to your current spouse!

Whoever is on your SGLI benficiary form will bepaid your $400,000.*

*You cannot put minor children on your SGLIbeneficiary form without special language - UTMA

Please fill out the SGLI

form correctly


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Servicemembers Civil ReliefAct

Servicemembers Civil Relief Act (SCRA) gives you rights!

(no longer called Soldiers and Sailors)

You can terminate your residential lease when you deploy for greaterthan 90 days or you PCS.

You must serve a copy of your orders on the landlord!

Landlord cannot charge you for breaking your lease.

Do it right to ensure you get your full security deposit back.

You cannot be evicted without a court orderfrom a Superior Court judge.

You can terminate your automobile lease early without fee.

You can terminate your cell phone contract early without fee.


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Servicemembers Civil ReliefAct II

More rights under the SCRA

If you are sued while deployed, you canrequest that court put a stay on the

case until you return and are available.

If the court proceeds in your absence,they must provide you with a lawyer.

* This automatic stay under the SCRAdoes not apply to criminal actions/proceedings.

** Judges routinely refuse to implement this lawin state family law cases.

Being Sued???


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Identity Theft PreventiveMeasures

Place an Active Duty Fraud Alert on your creditreport.

www.experian.com

www.equifax.comwww.transunion.com

Dont want pre-approved credit cards arriving in the

mail? www.optoutprescreen.com

Want your yearly free credit report (for each bureau)?

www.annualcreditreport.com


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Cell Phones

KNOW YOUR CONTRACT!

You probably do not have an international calling plan!

- International Long Distance

- International Roaming

- International Data Fees

- International Text Messaging Fees

** We see this over and overat Legal Assistance.


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Cell Phones

Dont take my word for it.


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Automobiles

A big issue especially for the unmarried Marines.

Common Occurrence: Marine deploys, handskeys to his buddy on his way out the door.

Marines buddy gets the car towed. The towingcompany will not release vehicle to anyone otherthan registered owner. Vehicle sits in storage lotfor 4 months, and the Marine owes ~$5,000 in

towing/storage fees when he comes home. Moreoften than not, the car is (illegally) sold at a liensale. Marine still owes the amount of the car loan+ any towing storage fees not paid for withpurchase price. WHAT A MESS!


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Myths That Wont Die

I dont have to pay my bills when I am deployed;theyre automatically frozen. INCORRECT

My buddy is going to start my car for me once a weekand otherwise take care of it for me. INCORRECT

I dont have to give a copy of my deployment orders tomy landlord, he told me he supports the troops andwill let me out of my lease. INCORRECT


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Scams That Persist

Red Cross Scam

Purchasing Extra Life Insurance in a FOB

Area Code / Calling Card Scam

(809) area code, only $2,425 a minute!Be wary of anything asking you to verify yourpersonal information.

Spouses: Most work from home schemes are scams

- Contact MCCS for job assistanceThe entire Coast Highway for cars or electronics.

This is important when you return from deploymentand have money to be spent.


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Contact Us

Joint Legal Assistance Contact Information:

Building 22161 (next to Base Magistrate)

(760) 725-6558 Office

ATTORNEY WALK-IN HOURSTUES & THURS at 0700

Documents

Legal Brief- Pre Deployment