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Legal Assistance

Eligible family members may need or wish to obtain legal advice and assistance in connection with settling the estate of the deceased member, making a new will for the surviving spouse, taxation questions, and other related legal matters. Your CAR and mortuary affairs representative, in the course of helping you, may put you in contact with a legal assistance officer who can counsel you in these matters. The legal assistance officer can help in preparing the initial income tax return but can only give preliminary advice on probate and settlement of the estate, court appearances, preparation of inheritance tax returns, or in regard to civilian employment and business matters. Since these matters are outside the scope of the Legal Assistance Program, it may be necessary for survivors to obtain the services of civilian counsel. If you are not acquainted with an attorney and want help in obtaining one, the legal assistance officer can refer you to such counsel through the local bar association. Government agencies, such as the VA, Social Security Administration, and the DFAS-DE Center will help you in processing your claims for benefits and entitlements. Such matters are expeditiously handled without resort to civilian counsel or expense to you. In case of factual disputes or conflicting claims, it might be wise to have civilian counsel.

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