redeployment Legal Brie

Captain James Moorhead, USMC

Created by
Joint Legal Assistance Office
MCB Camp Pendleton, CA
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
What We Will Cover In 25
Minutes
• Estate Planning
• Landlord/Tenant Best Practices
• Various Consumer Law issues
• Servicemembers Civil Relief Act
• Deployment Myths
• Scams that affect Servicemembers and
their family members.
Components of an Estate Plan
• Will
• Powers of Attorney.
• Living Will
• Advanced Healthcare Directive
• Probate Avoidance Measures/Trusts
• SGLI Advice
• PADD
• Death Gratuity
Important Notes About Wills
NOBODY CAN ORDER YOU TO GET A WILL!

Show me your last

will and testament!

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

What is a Will? Do you need one?
• A will allows you to tell the world how to distribute your estate
upon your death (where your stuff will go).

• You may name an “executor” in your will. This person will

actually execute the instructions in the will.

• TWO CATEGORIES OF PEOPLE WHO DON’T NEED A WILL!

1. You’re single, you have no kids, and you want all of your stuff to
go to your parents in equal shares.
2. You’re married, you have no kids, and you want all of your stuff
to go to your spouse.
You might want a will if…
• If you have kids.
Very important to appoint Guardians and
successors Guardians.
* Remember, most biological parents will have
superior rights to appointed Guardians.

• Part ownership in a family

farm or business

• Independently wealthy
You Don’t Need a Will

If everything you own is pictured here, you

don’t need a will.
 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

Battle Damage Assessment
Everything on this page was purchased
using General POAs while the Marine was
deployed…
 Powers of Attorney

It is difficult if not impossible to revoke a power of attorney

after you have given it!
If you want to find out if a business will accept a power of
attorney, 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 not
change 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.
SGLI

It is not paid automatically to your current spouse!

Whoever is on your SGLI benficiary form will be
paid your $400,000.*
*You cannot put minor children on your SGLI
beneficiary form without special language - UTMA
Please fill out the SGLI
form correctly…
 Servicemembers Civil Relief
Act
Servicemembers Civil Relief Act (SCRA) gives you rights!
(no longer called “Soldiers and Sailors”)

• You can terminate your residential lease when you deploy for greater
than 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 order
from a Superior Court judge.
• You can terminate your automobile lease early without fee.
• You can terminate your cell phone contract early without fee.
 Servicemembers Civil Relief
Act II
More rights under the SCRA…
Being Sued???
If you are sued while deployed, you can
request 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 SCRA

does not apply to criminal actions/proceedings.
** Judges routinely refuse to implement this law
in state family law cases.
Identity Theft – Preventive
Measures
Place an “Active Duty Fraud Alert” on your credit
report.
www.experian.com
www.equifax.com
www.transunion.com

Don’t want pre-approved credit cards arriving in the

mail?
www.optoutprescreen.com
Want your yearly free credit report (for each bureau)?
www.annualcreditreport.com
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 over
at Legal Assistance.
Cell Phones
Don’t take my word for it.
Automobiles
A big issue especially for the unmarried Marines.
Common Occurrence: Marine deploys, hands
keys to his buddy on his way out the door.
Marine’s buddy gets the car towed. The towing
company will not release vehicle to anyone other
than registered owner. Vehicle sits in storage lot
for 4 months, and the Marine owes ~$5,000 in
towing/storage fees when he comes home. More
often than not, the car is (illegally) sold at a lien
sale. Marine still owes the amount of the car loan
+ any towing storage fees not paid for with
purchase price. WHAT A MESS!
Myths That Won’t Die

“I don’t have to pay my bills when I am deployed;

they’re automatically frozen.” INCORRECT
“My buddy is going to start my car for me once a week
and otherwise take care of it for me.” INCORRECT
“I don’t have to give a copy of my deployment orders to
my landlord, he told me he supports the troops and
will let me out of my lease.” INCORRECT
 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” your
personal information.
Spouses: Most “work from home” schemes are scams
- Contact MCCS for job assistance
The entire Coast Highway – for cars or electronics.
This is important when you return from deployment
and have money to be spent.
Contact Us
Joint Legal Assistance Contact Information:
Building 22161 (next to Base Magistrate)
(760) 725-6558 Office

ATTORNEY WALK-IN HOURS

TUES & THURS at 0700