Protecting Your Family's Future While Serving Your Country

When you're serving our country, peace of mind about your family's security isn't just nice to have—it's essential. Estate planning for military families comes with unique considerations that civilian families simply don't face. That unexpected deployment order, your third PCS move in five years, or the realities of high-risk duties all create special planning needs.

Think about it: who would make financial decisions if you're deployed without warning? Who would care for your children if the unthinkable happened? These aren't easy questions, but they're ones that every service member needs to answer.

The core components of your plan should include a will or trust that ensures your assets go to your loved ones according to your wishes. A durable power of attorney becomes your spouse's lifeline during deployment, allowing them to handle everything from car registrations to mortgage issues while you're away. Your advanced healthcare directive speaks for you when you can't, and proper guardianship designations protect your children's future.

Don't forget about your military-specific benefits! Your SGLI, Thrift Savings Plan, and potential survivor benefits need proper beneficiary designations to avoid confusion during an already difficult time.

The good news? You're not alone in this mission. Free or low-cost legal assistance is available through your installation's JAG office, Military OneSource, and various veteran service organizations. These resources understand the complexities of military life and can help create documents custom to your family's specific situation.

As a former Naval Medical Deep-Sea Diver with 12 years of service, I've been in your boots. Now as an attorney specializing in estate planning for military families, I understand both worlds. At OC Elder Law, we're committed to helping service members create plans that work across state lines and through all the transitions military life brings.

Your family deserves the same level of protection that you provide to our country every day.

Why Estate Planning for Military Families Matters

When you're serving your country, you're already carrying the weight of an important responsibility. For military families, estate planning isn't just checking a box on a financial to-do list—it's an act of love that protects those who matter most while you protect our nation.

As First Lieutenant Michael Held of the U.S. Marine Corps wisely pointed out, "Military attorneys are not estate planning experts." This simple truth highlights why specialized planning is so crucial for service members and their families.

Military life brings unique challenges that civilian families rarely face. You might receive deployment orders with little notice, find yourself stationed in a combat zone, or need to relocate your family across state lines or even overseas. Without proper planning, these scenarios can leave your loved ones facing complicated legal and financial problems during already stressful times.

Military OneSource puts it perfectly: "You're a guardian of your country and your family." This dual responsibility means preparing for situations we hope never happen, while giving yourself the peace of mind to focus on your mission. Estate planning for military families creates a safety net that protects your loved ones, no matter what challenges arise.

The numbers tell a compelling story:

• Over 1.3 million active-duty service members and more than 16 million veterans need specialized estate planning

• More than 50% of military families move every three years, creating complex legal situations

• Approximately 60% of Americans don't have a will, but for military families, the stakes are even higher

Unique Challenges in Estate Planning for Military Families

Military families face several distinct challenges that make estate planning both more complex and more crucial:

Deployment Risks add urgency to estate planning. When you're serving in a combat zone, having your affairs in order isn't optional—it's essential. Your estate plan needs to be deployment-ready and accessible to family members who might need to act quickly during emergencies.

Cross-State Legal Complexities arise with each PCS move. You might own property in different states or maintain legal residency in a state where you no longer live. Each state has different probate laws, inheritance taxes, and estate planning requirements, creating a legal puzzle that needs careful attention.

Survivor Anxiety is a reality many military families face. The uncertainty of deployment can create emotional strain, but having a clear plan in place helps reduce this burden. Many military spouses share that having an estate plan provides significant peace of mind during deployments.

I recently spoke with a Navy spouse who shared: "When my husband deployed to Afghanistan, I realized I didn't know where our important documents were or what would happen if something went wrong. Creating an estate plan gave us both peace of mind during a stressful time."

International Complications add another layer of complexity when you're stationed overseas. Foreign laws may affect how assets are distributed or how powers of attorney function, requiring specialized knowledge to steer properly.

Military Benefits Navigation requires careful coordination. Your family has access to specialized benefits like Servicemembers' Group Life Insurance (SGLI), the Survivor Benefit Plan (SBP), and VA pensions. These must be thoughtfully integrated with your civilian assets and insurance for maximum protection.

As a veteran-owned firm, we understand these challenges firsthand. Estate planning for military families isn't just about documents—it's about creating security and certainty in a lifestyle defined by change and service.

Core Documents Every Service Member Needs

When it comes to estate planning for military families, having the right documents in place isn't just helpful—it's mission-critical. Think of these documents as your family's protective armor while you're serving our country.

1. Last Will and Testament

The will is your foundation—like basic training for your estate plan. Without it, you're essentially letting your state's laws decide what happens to everything you care about.

I recently spoke with an Army Sergeant who put off creating a will because "I don't own much." What he didn't realize was that his will would name guardians for his two young daughters. As Military OneSource puts it: "As a parent in the military, having a will that designates legal guardians is highly recommended." Otherwise, a judge who's never met your family might make this crucial decision.

Your will does several important jobs: it directs who receives your belongings, names guardians for your children, appoints someone trustworthy to execute your wishes, and can even create special trusts for your kids' education or special needs. It's the backbone of your family's security plan.

2. Durable Power of Attorney

This might be the most immediately practical document for active-duty families. Think of it as your "deployment insurance policy."

A Navy spouse once told me, "When my husband deployed, I couldn't even refinance our mortgage because my name wasn't on it. The bank wouldn't talk to me without a power of attorney." This document lets your spouse or another trusted person handle your affairs while you're deployed or if you're incapacitated.

You've got options here. A general power of attorney gives broad authority, while a special/limited one restricts it to specific tasks. Make sure yours is durable (stays valid if you're incapacitated) and consider whether you want it to be springing (only takes effect under certain conditions).

Remember—most military powers of attorney have expiration dates. Check yours before each deployment to make sure it's still valid when your family might need it most.

3. Advanced Healthcare Directive/Living Will

This document speaks for you when you can't speak for yourself. It outlines your medical wishes if you're unable to communicate them—something that unfortunately happens more often in military service than civilian life.

Your directive typically covers whether you want life-sustaining treatment, your pain management preferences, organ donation wishes, and any religious considerations. It works hand-in-hand with a healthcare power of attorney, which names someone to make medical decisions on your behalf.

A Marine Corps Captain shared with me: "Creating my healthcare directive forced some tough conversations with my wife, but now we both have peace of mind knowing exactly what the other would want in a worst-case scenario."

4. Revocable Living Trust

While not mandatory, a trust offers significant advantages for military families who move frequently or own property in different states.

A trust works like a secure container for your assets that bypasses the probate process. It maintains your privacy (unlike wills, which become public record), provides continuity during deployments or incapacity, and can include special provisions for military benefits.

One Army family I worked with owned homes in both Texas and Virginia due to previous assignments. By placing both properties in a trust, they avoided having to go through probate in multiple states—saving their family thousands in legal fees and months of headaches.

5. Beneficiary Designation Forms

Here's something many service members miss: for many of your most valuable assets, your will doesn't control who gets what—your beneficiary forms do. These simple forms determine who receives your:

• Servicemembers' Group Life Insurance (SGLI)

• Thrift Savings Plan (TSP)

• Retirement accounts

• Bank accounts with payable-on-death provisions

• Life insurance policies

After major life events like marriage, divorce, having children, or deaths in the family, updating these forms should be as automatic as updating your address with the military.

Will vs. Trust: Which Fits Your Estate Planning for Military Families Best?

This is probably the most common question I hear from military families: "Do I need a trust, or is a will enough?"

The answer depends on your specific situation. Think of a will as standard-issue equipment, while a trust is specialized gear for certain missions.

A will might be your best choice if you're early in your military career with fewer assets, your primary concern is guardianship for minor children, or you're using free JAG services for basic estate planning.

A trust makes more sense if you own property in multiple states, have a complex family situation (like blended families or special needs children), value privacy, want to avoid probate delays, or deploy frequently and need someone to manage assets during your absence.

An Army officer who served in Germany told me: "When we owned a home in Texas and had investment accounts in Virginia, creating a trust simplified everything. During deployment, my wife could manage our affairs without legal roadblocks."

For a comprehensive assessment of your needs, check out our Estate Planning Checklist to identify which approach best fits your situation.

Power of Attorney & Living Will: Keeping Estate Planning for Military Families Deployment-Ready

For military families, these documents need to be "deployment-ready"—comprehensive, current, and accessible when needed most.

Your financial power of attorney should be durable (remains valid if you become incapacitated) and include specific powers for handling military benefits and entitlements. Consider time limitations that align with deployment schedules, and address real estate transactions if PCS moves are possible during deployment. Pro tip: Make multiple copies, as banks often require originals.

For healthcare directives, complete VA Form 10-0137 if you're a veteran to establish healthcare preferences. Ensure it complies with both your legal residence state and duty station state, include HIPAA authorization for medical information access, and consider military-specific scenarios like evacuation from combat zones.

"The unexpected is a part of a service member's life," notes MilitaryMoney.com. "It simply makes sense to finalize these documents while serving in the military."

One critical point that's often missed: Many powers of attorney created by military legal assistance expire after a set period. Before deployment, verify expiration dates and renew if necessary. I've seen too many military spouses find an expired power of attorney right when they needed it most.

Integrating Military Benefits Into Your Plan

When it comes to estate planning for military families, one of the most valuable aspects is properly weaving your military benefits into your overall plan. These benefits aren't just nice extras—they form the backbone of the financial safety net you're building for your loved ones.

Servicemembers' Group Life Insurance (SGLI)

Your SGLI offers up to $500,000 in life insurance coverage at a cost that's hard to beat anywhere else. But here's what many service members miss: SGLI requires thoughtful integration into your broader plan.

I've worked with countless military families who never reviewed their SGLI beneficiary designations after major life events like marriage or having children. That $500,000 maximum might seem substantial, but depending on your family's needs, additional coverage might be necessary. And don't forget—your SGLI terminates 120 days after you separate from service, so planning for conversion to Veterans' Group Life Insurance (VGLI) or private insurance needs to be part of your transition strategy.

Survivor Benefit Plan (SBP)

The SBP is truly one of the most valuable benefits available to military families, providing eligible survivors with monthly income—up to 55% of your retirement pay.

Think of SBP as creating a pension for your spouse or children after you're gone. However, the decisions around SBP must be made at retirement and can't easily be changed later. At approximately 6.5% of your covered retirement pay, it's an investment in your family's future security. What many service members don't realize is how SBP interacts with Dependency and Indemnity Compensation (DIC), and how that coordination affects the total benefit package.

Currently, more than 300,000 surviving spouses and children receive ongoing income from the Survivor Benefit Plan—a testament to its importance in military family planning. For more details, check out the official Survivor Benefit Plan resource.

Death Gratuity

If the unthinkable happens during service, the immediate $100,000 death gratuity payment helps your family cover immediate expenses. What's crucial to understand is that this benefit is designated on DD Form 93—not in your will. I've seen cases where service members carefully outlined their wishes in their will, not realizing that this particular benefit follows a completely different set of rules.

Consider how this immediate cash influx fits with your other estate planning tools, and be sure to update your designation after marriages, divorces, births, or other significant life changes.

VA Pension Benefits

The mix of VA benefits available to surviving spouses and dependent children can be complex but incredibly valuable. These might include Dependency and Indemnity Compensation (DIC), Survivors Pension for low-income survivors, and educational assistance through the GI Bill.

As one estate planning expert I work with often says, "Benefits like the Veterans Pension and Aid & Attendance can influence asset distribution, and survivor benefits for spouses and dependents must be factored into the plan." Understanding how these benefits interact with other assets can make a tremendous difference in your family's long-term financial security.

Thrift Savings Plan (TSP)

Your TSP follows beneficiary designation rules similar to civilian 401(k) plans, which means these designations override anything you've written in your will. This is one of those details that's easy to overlook but can have major consequences.

The tax implications for beneficiaries can vary significantly based on how you structure your plan, and non-spouse beneficiary designations may require spousal consent. When I help military families with their estate plans, I always make sure TSP beneficiary designations align with their overall wishes.

Military Honors and Burial Benefits

As a veteran, you've earned the right to a dignified final tribute, including burial in national cemeteries, a headstone or marker, a burial flag, and military funeral honors.

One simple but important tip: Include your DD Form 214 with your estate documents to ensure your family can access these benefits without delay. I've seen families struggle to locate this important document during an already difficult time, so keeping it with your estate plan can save your loved ones additional stress.

Coordinating Civilian & Military Assets

The most effective estate plans for military families create a seamless integration between your military benefits and civilian assets. This isn't just about having both—it's about making them work together harmoniously.

Your home equity and real property require special attention, especially if you've purchased homes in different duty stations. Consider whether transfer-on-death deeds might be appropriate in your state, evaluate whether homes should be held in trust, and be sure to address property in multiple states to avoid complicated probate proceedings.

When it comes to private life insurance, think of it as a complement to your SGLI that continues after your service ends. The question of term versus permanent insurance depends on your family's specific needs and long-term goals.

For retirement accounts, alignment is key. Your TSP, IRAs, and 401(k)s should work together within your overall distribution plan. The tax implications for beneficiaries can vary dramatically depending on how these accounts are structured.

Don't forget your digital assets—those online accounts, photos, and digital property that hold both financial and sentimental value. Military families often have service-specific digital assets like records and communications that require special consideration.

As one veteran recently told me after we completed his plan: "After 22 years of service, I had accumulated benefits from multiple duty stations, civilian jobs, and investments. Creating a comprehensive plan that addressed both military and civilian assets gave my family a clear roadmap." That's exactly what a well-crafted estate plan should do—provide clarity and direction when your family needs it most.

Life Events That Trigger an Estate Plan Update

Military life is full of transitions—some planned, others unexpected. Each major life change should prompt you to dust off your estate planning for military families documents and make sure they still reflect your wishes. Think of your estate plan as a living document that grows and changes alongside your family.

Marriage

Saying "I do" means it's time to say "I will" to updating your estate plan. When you tie the knot, your spouse becomes your closest legal relative, but your estate documents won't automatically reflect this new relationship.

First, update all your beneficiary designations—your SGLI, TSP, and other accounts won't automatically flow to your new spouse without this step. Your powers of attorney should be revised too, as you'll likely want your spouse to make decisions if you can't. Many military couples find that their basic SGLI coverage, while substantial at $500,000, might need supplementing once they're building a life together.

As one Navy spouse told me, "We updated everything right after our honeymoon. It wasn't the most romantic task, but knowing we'd protected each other gave us peace of mind as he prepared for deployment."

Divorce

When marriages end, estate plans must change—immediately. Former spouses can remain beneficiaries on accounts if you don't actively remove them, even after divorce. This oversight has led to many unintended inheritances when service members didn't update their paperwork.

Beyond beneficiary designations, you'll need to revoke and replace powers of attorney, update your will or trust, and revisit guardianship provisions for children. If you're retiring or already retired, SBP elections require special attention during divorce.

"The day my divorce was finalized, I went straight to legal services on base," one Army veteran shared. "I wasn't going to let paperwork oversights undo the clean break I needed."

Birth or Adoption of Children

Welcoming a child into your family is joyful—and a critical time to update your estate planning for military families documents. Without proper planning, the court might decide who raises your children if something happens to you and your spouse.

Designating guardians in your will becomes essential, not optional. Many military families also consider establishing trusts to manage assets for their children's future needs, especially when deployment is a reality. Your life insurance coverage should be reviewed too—is it enough to support your growing family?

Military families face unique challenges here. As one Marine Corps family finded: "With my husband deployed when our daughter was born, we had to plan ahead. Having guardianship documents ready before his deployment was crucial—we couldn't predict when we'd both be stateside to sign paperwork together."

Deployment

Pre-deployment checklists usually cover equipment and training, but your estate plan deserves equal attention. Before deploying, ensure your powers of attorney haven't expired (many have time limits) and are comprehensive enough to cover potential scenarios while you're away.

Verify all beneficiary designations are current, and provide copies of essential documents to trusted family members. Your healthcare directives should reflect your current wishes, and emergency contacts should be updated.

"I keep a deployment folder with all our important documents," explained an Air Force spouse. "It includes copies of the power of attorney, our family care plan, contact information for JAG, and even account passwords. Hoping we never need it, but prepared if we do."

Permanent Change of Station (PCS)

Moving across state lines—a regular occurrence for military families—has important estate planning implications. Each state has different laws governing wills, powers of attorney, and healthcare directives.

When you PCS, review your estate documents for compliance with your new state's laws. If you're accumulating property in multiple states, consider whether a trust might simplify matters by avoiding multiple probate proceedings. Make sure your powers of attorney will be recognized in your new location, and update addresses on all your accounts and policies.

"After our fourth PCS in six years, we finally created a revocable trust," one Army family shared. "With property in Virginia, Texas, and now Washington, we needed something that would work regardless of where the Army sent us next."

Retirement from Military Service

Transitioning to civilian life brings many changes that affect your estate plan. SBP elections must be made at retirement and are generally irrevocable, so consider them carefully. You'll need to convert your SGLI to VGLI or private insurance within a specific timeframe.

Review beneficiary designations on all retirement accounts, update powers of attorney to reflect your civilian status, and consider whether your will or trust needs updating to address your new life circumstances.

"I served for 22 years, and my retirement paperwork was overwhelming," one veteran admitted. "My estate plan needed just as much attention as my VA benefits applications. The decisions I made then will affect my family for decades."

Disability or Serious Illness

Health challenges require prompt estate planning attention. Review your healthcare directives to ensure they reflect your current wishes. If you've developed special needs, consider specialized planning tools. Evaluate whether your chosen decision-makers are still appropriate, and assess whether you need additional asset protection or long-term care planning.

Quick-Change Checklist After Major Milestones

After any significant life event, take a moment to review these essential elements of your estate planning for military families documents:

Beneficiary designations need updating on your SGLI/VGLI, TSP, retirement accounts, bank accounts, and insurance policies. Legal documents including wills, trusts, powers of attorney, and property deeds should be reviewed. Guardian appointments for children should be reconsidered, including temporary guardians during deployment. Don't forget your digital assets—password manager access, social media accounts, and online financial information. Finally, make sure all contact information for your executor, guardian, financial advisor, and military points of contact is current.

"After our second child was born during my husband's deployment, updating our estate plan remotely was challenging but essential," one military spouse recalled. "Having a checklist made sure we didn't miss anything important during an already stressful time."

Estate planning isn't a one-time task to check off your list. It's an ongoing process that evolves as your life changes—especially in the dynamic world of military service. By reviewing your plan after each major life milestone, you're ensuring your family's protection keeps pace with your changing circumstances.

Tax, Probate & Asset-Protection Strategies

When it comes to estate planning for military families, the strategies you choose can make a world of difference in protecting your assets, minimizing taxes, and sparing your loved ones from lengthy probate proceedings. Military families actually have some unique advantages in these areas that civilian families don't.

State Tax Exemptions

One of the silver linings of military life is the flexibility you have with your legal residency. Even while stationed in California, you might maintain your legal domicile in Texas or Florida—states with no income tax. This seemingly small detail can lead to significant tax savings.

"I maintained my Florida residency throughout my 20-year career," shares retired Navy Commander James Wilson. "That decision alone saved me thousands in taxes and made estate planning much simpler."

Domicile selection is particularly powerful for military families. You can strategically choose a state with favorable tax laws as your legal residence, even while your duty stations change. Some states don't tax military retirement pay, and others offer generous property tax exemptions specifically for veterans.

For example, if you establish legal residency in a state without estate taxes before you pass away, your family could potentially save tens of thousands of dollars. This is why we always discuss domicile as part of comprehensive estate planning for military families.

Probate Avoidance

Probate can be especially troublesome for military families who might own property in multiple states due to frequent relocations. Imagine your family having to steer probate courts in Virginia, California, and Texas simultaneously while grieving your loss—it's a scenario we work hard to help clients avoid.

The public nature of probate means anyone can access information about your assets, debts, and beneficiaries. For privacy-conscious military families, this lack of confidentiality can be concerning.

Then there's the timeline. The infographic above isn't exaggerating—probate can indeed take 1-3 years in some states, with costs ranging from 3-5% of your estate's value. That's money that could otherwise go to your loved ones.

Fortunately, several effective strategies can help military families bypass probate:

Revocable living trusts are particularly valuable for service members. Assets properly funded into your trust avoid probate entirely, and the trust can continue operating seamlessly during deployments or if you become incapacitated.

Transfer-on-death deeds allow real property to pass directly to named beneficiaries without probate. This tool is especially useful for military families who may have purchased homes in different duty stations throughout their careers.

Joint ownership with rights of survivorship means property automatically passes to the surviving owner, bypassing probate. Just be careful with this approach—it's not always the best option for blended families or complex situations.

Asset Protection Strategies

Military families face unique risks, from deployment-related challenges to career transitions. Strategic asset protection can provide an additional layer of security.

Irrevocable trusts can shield assets from creditors and provide for loved ones with special protections. Unlike revocable trusts, they offer stronger asset protection because you've effectively removed the assets from your ownership.

For families with special needs dependents, a special needs trust ensures your child receives an inheritance without losing essential government benefits. This is particularly important for military families with children who may qualify for both military-related and civilian disability benefits.

Many of our military clients appreciate spendthrift provisions in their trusts. These clauses protect beneficiaries—perhaps young adult children or those who might be vulnerable to financial pressure—from squandering their inheritance or losing it to creditors.

"After seeing a fellow service member's son blow through an entire SGLI payment in under a year, I made sure my own plan included protections for my children," one Army veteran told us. "Peace of mind isn't just about having a plan—it's about having the right plan."

Medicaid Planning Considerations

For veterans considering potential long-term care needs, coordinating VA benefits with Medicaid requires thoughtful planning.

VA Aid & Attendance benefits can help cover long-term care costs, but they follow different eligibility rules than Medicaid. Without proper planning, you might inadvertently disqualify yourself from one program while qualifying for another.

Asset protection trusts created well in advance of needing care may preserve assets while maintaining benefit eligibility. However, these require specialized knowledge of both VA and Medicaid regulations—exactly the kind of expertise we provide at OC Elder Law.

Planning for long-term care isn't admitting defeat—it's being strategic about protecting what you've worked so hard to build while serving your country.

As one client, a retired Marine, put it: "I approached Medicaid planning the same way I approached mission planning—prepare for contingencies, protect your assets, and ensure your team is taken care of no matter what happens."

The right tax, probate, and asset protection strategies can make your estate plan for military families significantly more effective. While these topics might seem complex, they're absolutely manageable with proper guidance—and the peace of mind they provide is invaluable.

Free & Low-Cost Resources for Drafting or Upgrading Your Plan

Let's face it—creating a proper estate plan can feel overwhelming, especially when you're juggling military service with family responsibilities. The good news? As a service member, you have access to several excellent resources that won't break the bank.

JAG Legal Assistance Offices

One of the military's best-kept secrets is the free legal help available through Judge Advocate General (JAG) offices on nearly every installation. These offices are staffed with attorneys who understand military life and can help with:

"The JAG office at Fort Bragg saved us thousands of dollars," shares Army Staff Sergeant James Rivera. "They drafted our wills, powers of attorney, and healthcare directives before my deployment—all at no cost."

These offices provide basic estate planning for military families including wills, powers of attorney, and advance directives. While they may not handle complex trusts or tax planning, they're perfect for getting fundamental documents in place. Find your nearest office through the Legal Services/JAG office locator.

Military OneSource

Think of Military OneSource as your one-stop shop for resources, available 24/7. This Department of Defense program offers financial counseling sessions with professionals who understand military benefits and can help you develop an estate planning strategy that makes sense for your situation.

Their website also features downloadable guides, checklists, and articles specifically about estate planning for military families. Best of all, these services are completely free for active duty, Guard, and Reserve members (regardless of activation status) and their immediate families.

American Bar Association Military Legal Assistance Program (ABA LAMP)

When your needs go beyond what JAG can provide, the ABA LAMP program can connect you with civilian attorneys who volunteer their time to help military families. These pro bono services often include more complex matters like special needs trusts or business succession planning.

Marine Corps veteran and attorney Mark Simmons explains: "I volunteer with ABA LAMP because I remember how complicated legal matters seemed when I was deployed. Now I can help other service members protect their families with proper planning."

VA Legal Clinics

If you're a veteran rather than active duty, the VA partners with law schools and legal aid organizations to offer free legal clinics at many VA medical centers. These clinics often provide will preparation, powers of attorney, and advance directives at no cost.

"I put off creating a will for years after leaving the service," admits Air Force veteran Sarah Johnson. "The legal clinic at my local VA hospital made it painless—and free."

Online Will Makers with Military Discounts

For the digitally savvy, several online platforms offer military discounts:

Cake's will tool costs as little as $1 for service members, while FreeWill provides basic documents at no cost. GoodTrust offers special military pricing, and if you're a SGLI beneficiary, you can access will preparation through Financial Point Plus at zero cost.

While these DIY options work well for simple situations, they may not address all the complexities of military life, such as property in multiple states or special needs planning.

For comprehensive Estate Planning that addresses your unique situation, these resources provide excellent starting points without straining your family budget.

DIY vs. Professional Help

How do you decide whether to handle your estate planning yourself or seek professional help? Consider what's at stake.

DIY approaches work well when: Your situation is straightforward—perhaps you're single or newly married without children, with few assets and a simple financial picture. You need basic documents quickly before deployment. You're stationed in your legal state of residence.

Professional help becomes valuable when: You own property in multiple states (common after several PCS moves). You have a blended family with children from previous relationships. You have a family member with special needs. Your estate exceeds tax thresholds. You own a business or have complex investments.

"We started with basic wills from the JAG office," explains Navy spouse Melissa Torres. "But after buying a rental property in Virginia while stationed in California, with a special needs child, we realized we needed more specialized help. The investment in professional planning was worth every penny for the peace of mind it brought."

Estate planning for military families isn't a one-time event but an ongoing process. Start with these free or low-cost resources, and as your family and financial situation evolve, consider consulting with specialists who understand both military benefits and estate planning complexities.

Guardianship & Special-Needs Planning

When I sit down with military families to discuss their estate planning needs, guardianship conversations often stir the deepest emotions. There's something profound about choosing who will raise your children if you can't be there—especially when you've dedicated your life to protecting others.

Planning for Minor Children

Military families face guardianship challenges that civilian families simply don't encounter. I remember working with a dual-military couple stationed in San Diego who worried about simultaneous deployments. Their nearest relatives lived in Maine—over 3,000 miles away.

"What happens to our kids if something happens to both of us while we're deployed?" they asked.

This concern is precisely why estate planning for military families must address guardianship thoroughly. The military actually requires single parents and dual-military couples to create a Family Care Plan, but this administrative document doesn't replace proper legal guardianship designations in your will.

When naming guardians, think beyond just the immediate choice. Consider designating temporary guardians who live near your duty station alongside long-term guardians who might live farther away. This gives your children stability during the transition.

Financial support matters too. Without proper planning, a court might control your children's inheritance until they turn 18, then hand it over in one lump sum—rarely the ideal scenario. Instead, consider establishing testamentary trusts within your will that provide structured distributions as your children reach certain milestones or ages.

One Navy family I worked with designated distributions at ages 25, 30, and 35, with special provisions for education expenses. "We want to make sure our daughter has support through graduate school," they explained, "but also learns financial responsibility over time."

Special Needs Planning

For military families caring for dependents with disabilities, planning takes on additional dimensions. The intersection of military benefits, public assistance programs, and private resources requires careful navigation.

Special Needs Trusts (SNTs) form the cornerstone of this planning. These specialized trusts preserve eligibility for essential government benefits like Medicaid and Supplemental Security Income while providing additional support for needs not covered by these programs.

"Our son's autism therapies cost thousands every month," shared an Army family I counseled. "We needed to ensure he wouldn't lose Medicaid coverage when he inherited our assets."

Military families should also create a detailed Letter of Intent to accompany their legal documents. This non-binding but invaluable document describes your dependent's daily routines, medications, behaviors, preferences, and dreams. It serves as a roadmap for future caregivers who may not know all the little details that make such a difference in quality of life.

Don't forget to register with the Exceptional Family Member Program (EFMP) if you have family members with special needs. This program ensures your family receives appropriate services at each duty station and can influence future assignments to maintain continuity of care.

Testamentary Trusts

I often recommend testamentary trusts to military families with minor children or special circumstances. Unlike living trusts that take effect during your lifetime, testamentary trusts are created within your will and spring into existence only after your death.

These trusts offer remarkable flexibility. They can hold assets for minor children until they reach specified ages, provide for education expenses, protect assets from creditors or divorce, and create long-term support for dependents with special needs.

One Marine Corps family I worked with established a testamentary trust with provisions for their children's college education, first home purchase, and even seed money for entrepreneurial ventures—all reflecting the values they hoped to instill.

Caregiver Funding

The financial burden on family caregivers can be substantial. Military families should consider how their estate plan can support those who step up to care for their loved ones.

Life insurance plays a crucial role here, providing immediate liquidity when it's needed most. SGLI (Servicemembers' Group Life Insurance) provides up to $500,000 of coverage, but many families benefit from supplemental policies—especially those with special needs dependents who may require lifetime care.

Consider structured distributions that compensate family caregivers for their time and effort. As one Army spouse told me, "If my sister takes in our three kids, she'll need to reduce her work hours. We want to make sure she doesn't suffer financially for her generosity."

Some forward-thinking military families also include provisions for long-term care insurance to supplement military benefits, particularly important for those transitioning out of service who may lose some coverage.

The peace of mind that comes from comprehensive guardianship and special needs planning is immeasurable. As one veteran shared with me, "Knowing my daughter with Down syndrome will be cared for according to our wishes—that's worth more than any medal I earned in service."

Frequently Asked Questions about Estate Planning for Military Families

What happens if I deploy without a power of attorney?

Life can throw unexpected challenges at military families, especially during deployments. Without a power of attorney in place, your loved ones may find themselves hitting frustrating roadblocks at every turn.

Your spouse might be unable to access your bank accounts to pay bills, can't sign paperwork to move into base housing, or could be prevented from making important medical decisions for your children. I've seen spouses unable to refinance mortgages despite favorable interest rates, simply because their deployed partner didn't have a POA in place.

As one Army wife shared with me, "When my husband deployed suddenly, I finded I couldn't even register our car in our new state. What should have been a simple errand turned into weeks of bureaucratic headaches—all while trying to parent solo and manage my own anxiety about his safety."

Fortunately, military legal assistance offices specialize in quickly preparing these essential documents before deployment. They understand the urgency and can often complete them within days, giving both you and your family much-needed peace of mind.

How do SBP payments interact with VA Dependency & Indemnity Compensation?

Good news for military families! The infamous "widow's tax" that frustrated military spouses for decades has finally been eliminated.

Prior to 2023, surviving spouses faced a dollar-for-dollar reduction in their Survivor Benefit Plan (SBP) payments if they also received VA Dependency and Indemnity Compensation (DIC). This painful offset essentially forced survivors to choose between benefits, despite both being earned through service and sacrifice.

Thanks to the 2020 National Defense Authorization Act, this unfair offset has been completely phased out as of January 2023. Now, qualifying survivors can receive both benefits in full—a change that significantly improves financial security for many military families.

This policy shift makes SBP enrollment considerably more valuable for military retirees planning their estates. If your estate plan was created before this change, it's worth revisiting your strategy with this new financial reality in mind.

Can I avoid probate when my home is in a different state than my duty station?

Military life often means owning property across multiple states, which can create a probate nightmare for your loved ones. Imagine your family having to steer three different state court systems while grieving—it's a burden no one should face.

The most comprehensive solution is creating a revocable living trust. This powerful tool allows you to place homes in different states under one legal umbrella, completely bypassing the probate process regardless of location.

A Marine Corps family I worked with owned properties in Virginia, Texas, and California after various duty assignments. By transferring all three homes into their trust, they ensured their children wouldn't face the time, expense, and emotional drain of multiple probate proceedings.

Other helpful strategies include transfer-on-death deeds (available in many states), joint ownership with rights of survivorship, or holding properties within an LLC. Each approach has advantages depending on your specific situation and the states involved.

How often should military families update their estate plans?

Military life is defined by change—new orders, new states, new family members. Your estate plan should evolve alongside these transitions.

I recommend military families review their estate plans before each deployment, after PCS moves, following births or adoptions, and certainly after marriages or divorces. Retirement from military service also triggers important changes to benefits and legal residency that should prompt a review.

Even without major life changes, it's wise to dust off your documents every 3-5 years to ensure they still reflect your wishes and comply with current laws.

One Navy family I advised had documents that were technically "valid" but referenced outdated laws and included guardians who had moved overseas—rendering their carefully crafted plans potentially problematic in an emergency. Regular reviews prevent these issues before they become problems.

What's the difference between a JAG-prepared will and a comprehensive estate plan?

JAG legal assistance provides invaluable services for military families, offering basic wills, powers of attorney, and healthcare directives at no cost. These documents form an essential foundation for any estate planning for military families.

However, as First Lieutenant Michael Held of the U.S. Marine Corps noted, "Military attorneys are not estate planning experts unless specially trained in living trusts." JAG services typically focus on essential documents rather than comprehensive planning strategies.

A complete estate plan often includes additional protections like revocable living trusts to avoid probate, special needs planning for children with disabilities, tax minimization strategies, and asset protection provisions. These sophisticated tools address complex family situations that basic wills simply can't handle.

Many military families start with JAG services and later supplement with specialized planning as their assets grow or family situations become more complex. This hybrid approach combines the cost-effectiveness of military legal services with the comprehensive protection of specialized planning when needed.

How can I protect digital assets in my estate plan?

Your online life represents both financial and sentimental value. From cryptocurrency and online banking to precious family photos and social media accounts, digital assets require special planning.

Start by creating a secure inventory of your online accounts, digital assets, and access information. Password managers like LastPass or 1Password can help organize this information while keeping it secure.

Include specific digital asset provisions in your will or trust that authorize your executor or trustee to access and manage these assets. Consider designating a separate "digital executor" with technical skills if your primary executor isn't tech-savvy.

Some families find value in services like Everplans or Legacy Locker that provide posthumous access to designated individuals. These services can simplify the process of transferring digital assets and memories to your loved ones.

As one Air Force spouse told me, "After my husband's unexpected passing, I couldn't access our shared cloud storage with decades of family photos. Having those memories would have brought tremendous comfort during grief. We never considered our digital legacy needed protection too."

Conclusion

Creating a solid estate planning for military families plan isn't something you do once and forget. It's an ongoing journey that evolves alongside your military career and family life. When you put together a thoughtful plan—and keep it updated—you're doing more than organizing paperwork. You're providing security for the people you love most while honoring your service commitment.

Military life throws unique curveballs that civilian families rarely face. Sudden deployments, cross-country moves every few years, and navigating the maze of military benefits all make proper planning not just important—but essential. The good news? As a service member, you have access to valuable resources that civilians don't, from free JAG legal assistance to specialized attorneys who understand both military benefits and civilian estate law.

At OC Elder Law, we bring a special understanding to military family planning. As a veteran-owned firm, our founder Marty Burbank draws on his Naval service experience with every client. He knows the challenges military families face because he's lived them.

Remember these crucial points as you move forward:

Don't wait for the "perfect time" to update your estate plan—review it before each deployment, after PCS moves, and whenever your family situation changes. Make sure your plan thoughtfully integrates your military benefits with your civilian assets. If you own property in multiple states (a common situation for military families), strongly consider establishing a trust to avoid multiple probate proceedings.

While the free JAG services on base provide excellent support for basic needs, some situations call for specialized expertise. Complex family situations, special needs planning, or substantial assets often require guidance beyond what JAG can provide.

And perhaps most importantly for military families—ensure your guardianship provisions specifically address the unique challenges of military life, including the possibility of dual deployments or overseas assignments.

For families wondering about the investment required for comprehensive planning, our page on estate planning costs provides transparent information about what to expect.

As you continue serving our country, let us help serve your family's future. After all, protecting those you love is another form of service—to the people who matter most in your life. Creating peace of mind for your family allows you to focus on your mission, knowing they're protected no matter what challenges arise.