Full question:
I am retired and live in Texas. My Son is in the military. He currently is in school in California. His Home of Record is Florida since that is where he joined the military. But he has no address in Florida. He owns a home in Virginia but doesnt file homestead since his Home of Record for the military is Florida. They have a 4 month old baby and we want to do the legal documents for them. They need a Will, Power of Attorney, Living Will, and guardianship and whatever other documents. They want the Property to go from husband to wife and wife to husband, and then son. They want the child to go to husband/wife then me (grandma) and then all the estate and money in estate to end up with me (grandma) to care for child if the parents die and child is still a minor. What STATE forms do they use? and list of all the forms they need to accomplish this? Transfer from husband to wife to grandma if child is still minor?
- Category: Military
- Date:
- State: Texas
Answer:
Like the will and living will, the power of attorney is usually drafted in accordance with the laws of the state where you are residing. A will may appoint a guardian for the children in the event of death.
In the United States Military, there is a difference between the terms "Home of Record," and "Legal Residence."
"Home of Record" and "Legal Residence" may, or may not be the same address. One's "Home of Record" is the place one was living when they entered the military (or, re-enlisted in the military, if one chooses).
"Home of Record" is used to determine travel entitlements when one separates from the military. It has nothing to do with voting or paying taxes, registering vehicles, nor any of the other priviledges of state residency.
"Home of Record" can only be changed if there is a break in service of more than one day, or to correct an error.
"Legal Residency," or "domicile", on the other hand refers to the place where a military member intends to return to and live after discharge or retirement, and which they consider their "permanent home." Legal residency determines what local (state) tax laws a military member is subject to, and in which local (city, county, state) elections they may vote in. Your intent, voting, paying taxes, registering automobiles, obtaining a driver’s license, and location of assets are factors considered in determining domicile. For military members, your domicile is often your legal residence (e.g., your home of record), not the place you are currently living.
Generally, active duty members who are stationed in a particular state should use the that state's Living Will or Health Care Power of Attorney to relay their wishes. If you are a resident of another state and you want to follow your state’s law, another state's form may be used.
Generally, any certificate of acknowledgment taken in another place will be recognized by another state if taken in accordance with the laws of the place where the acknowledgment is made.
Documents originating from another state may be notarized as long as the notary performs the notarial act in the state where they have authority and the notarial certificate indicates "State of Location, County of ______________" to identify the jurisdiction in which the notarial act took place
On documents to be filed in another state or jurisdiction of the United States, a California notary public may complete any acknowledgment form as may be required in that other state or jurisdiction on a document, provided the form does not require the notary to determine or certify that the signer holds a particular representative capacity or to make other determinations and certifications not allowed by California law.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
