Deployment on the Horizon? What You Need to Do to Get Your Affairs in Order
In recent posts, we’ve discussed how estate planning can support families during life transitions such as marriage, parenthood, or divorce. This week, we focus on military personnel. Specifically, we cover which legal and planning steps to take before a deployment, aka military estate planning. Have your orders recently arrived? Or you’ve been preparing for some time? Act now to provide security for you and peace of mind for your loved ones.
Complete or Review Your Family Care Plan: Military Estate Plan
Each branch of the military has requirements surrounding the creation of a Family Care Plan (FCP). If you fall into any of the following categories, an FCP is typically required:
- Single parent with custody of children under age 19
- Married with joint custody of a child from a previous relationship
- Service member in a dual-military household with dependent children
- Individual with sole responsibility for children or other dependents
- Primary caregiver for an adult family member who cannot care for themselves
An FCP outlines how dependents will be cared for during your deployment. It includes caregiver designations, powers of attorney, medical authorizations, and daily care instructions. The plan must be submitted to your command for approval, and any legal documents within the plan should be current and state-specific. If any part of your family situation has changed recently—through marriage, divorce, relocation, or new dependents—reviewing or updating your plan is essential.
Military Estate Planning: Update or Establish Estate Planning Documents
Every service member should have a legally sound estate plan in place before deploying. This typically includes a will or living trust, powers of attorney, and, in some cases, a separate guardian nomination for minor children.
Will or Trust
A last will and testament allows you to direct the distribution of your assets and name a guardian for your children. A revocable living trust adds the benefit of bypassing probate court, which can streamline asset distribution and maintain family privacy. If your current plan only includes a will, you may want to consider transitioning to a trust-based plan, especially if your estate has grown or your family has expanded.
A trust also allows you to protect beneficiaries from future risks such as lawsuits, creditors, or divorce. If you already have a trust, review it to confirm that all titles and beneficiary designations are properly aligned.
Pour-Over Will
Even if you have a trust, a pour-over will is still necessary. This document serves as a safety net, directing any assets not already titled in the name of your trust to be transferred into it upon your death. It also allows you to name guardians for minor children, making it a critical part of a comprehensive estate plan.
Financial Power of Attorney
This document authorizes a trusted individual—your spouse, a parent, or another family member—to handle financial matters on your behalf while you’re deployed. The authority can be broad or limited depending on your needs and preferences. Without it, basic tasks such as banking, paying bills, or managing investments may become difficult for those supporting you from home.
Medical Power of Attorney
This document allows someone you choose to make medical decisions for you if you become unable to make them yourself. It’s an important safeguard and should be part of every deployment checklist.
Power of Attorney for Minor Children
Some states—including California—allow you to authorize another adult to make day-to-day decisions for your child while you are unavailable. This can be especially useful if your child is staying with a relative or caregiver while both parents are deployed or temporarily unreachable. The authority is typically limited in scope and time, so make sure to review how long the document remains valid in your state.
Nomination of Guardian (Separate Document)
For a military estate plan, you may choose to create a standalone guardian nomination in addition to the one included in your will. This can carry more legal weight if you’re incapacitated but still living, such as in a medical emergency. It’s also easier and faster to update than a full estate plan, making it a good option for military families who face frequent changes.
Review and Update Beneficiary Designations
Military service members often have access to valuable benefits such as:
- Servicemembers’ Group Life Insurance (SGLI)
- Thrift Savings Plan (TSP)
- Survivor Benefit Plan (SBP)
Each of these requires a named beneficiary. If you’ve experienced a change in marital status, welcomed a child, or wish to revise your designations for any reason, now is the time to act.
If your named beneficiaries include minor children, it’s usually better to create a trust and name the trust as the beneficiary. That way, the funds are managed according to your instructions, and you maintain control over when and how your children receive the proceeds. Without this step, the benefits could be distributed in a lump sum without oversight—potentially leading to poor financial outcomes.
Evaluate Your Life Insurance Coverage for a Military Estate Plan
Servicemembers’ Group Life Insurance (SGLI) provides coverage up to $500,000 in $50,000 increments. While this coverage is a valuable benefit, it may not be sufficient depending on your family’s needs, financial obligations, or long-term goals.
Ask yourself:
- Would my spouse or partner be able to maintain household expenses with this coverage alone?
- Will there be enough to cover education costs for children?
- Are there debts or future obligations that should be covered?
- If you determine that additional coverage is needed, start the process now. We can connect you with licensed insurance professionals familiar with the needs of military families who can explain supplemental life insurance options tailored to your circumstances.
A Thoughtful Plan Builds Peace of Mind
Deployment in military estate planning presents unique challenges, but it’s also a powerful opportunity to get your affairs in order. With the right documents in place, you gain the confidence of knowing that your loved ones will be cared for, your assets protected, and your intentions honored.
Our team is here to assist you in preparing or reviewing your estate plan so that you can focus on your mission, knowing your home front is secure.
About Skvarna Law in Glendora and Upland, California
Skvarna Law helps individuals and families across Southern California with estate planning, wills, trusts, and elder law. With offices in Glendora and Upland, the firm provides strategic, compassionate guidance tailored to each client’s goals. Whether you’re planning for your own future or protecting the people you love, Skvarna Law makes complex legal decisions easier to understand and manage. Visit skvarnalaw.com to schedule a consultation.
