Estate Planning for Military Families: What You Need to Know

Dec 21

Military families live with realities most civilians never have to think about—sudden deployments, frequent moves, unpredictable schedules, and the unique everyday risks that come with serving our country. Those constant changes make protecting your family especially important, and a simple, one-page template rarely covers everything your household actually requires.

Here is what service members and military families with connections to Central Florida should know about preparing an estate plan that addresses their circumstances and helps protect their loved ones, wherever their next set of orders takes them.

Why Military Families Need More Than a Basic Will

Many service members can access free legal assistance through their installation's legal assistance office. These services can be especially valuable when preparing for deployment. However, a basic will or general power of attorney may not address every issue involving minor children, beneficiary designations, multiple properties, or a blended family.

Consider several areas that deserve special attention:

SGLI and minor beneficiaries: Servicemembers' Group Life Insurance (SGLI) proceeds are generally paid according to the beneficiary designation on file, not the instructions in a will. If a minor child is named directly, the child generally cannot receive the proceeds outright while still a minor. Payment may require a court-appointed guardian or another arrangement permitted by the applicable program and law. This can delay access to funds and create additional administration. A properly established trust may be an option worth discussing with an estate planning attorney.
Military powers of attorney: A military power of attorney executed in accordance with federal law receives legal recognition under 10 U.S.C. § 1044b. Florida law also recognizes qualifying military powers of attorney and deployment-contingent powers of attorney under Fla. Stat. § 709.2106(4). The document must still grant the authority needed for the particular transaction, and financial institutions or other organizations may have procedures for reviewing and verifying it.
Blended family planning: A will or beneficiary form may not adequately address the needs of a blended family. Service members with children from previous relationships, stepchildren, or existing marital agreements should review how their estate plan and beneficiary designations work together.

How Frequent PCS Moves Can Affect Your Estate Plan

Military families may own property in one state, receive orders to another, and eventually move again. If you own a Florida home and later relocate while retaining the property as a rental, your estate may involve property and legal issues in more than one state.

A properly prepared and funded Revocable Living Trust may help avoid a separate probate proceeding for real estate transferred into the trust. However, simply signing a trust does not transfer property into it. Deeds and other asset ownership records must be handled correctly, and property outside the trust may still require probate or another transfer process.

Military Benefits and Beneficiary Designations Matter

An estate plan should account for more than the property distributed under a will or trust. Military families may have several benefit programs, each with its own eligibility requirements, beneficiary rules, and designation procedures.

SGLI and Family SGLI (FSGLI)

SGLI provides life insurance coverage for eligible service members. Family Servicemembers' Group Life Insurance (FSGLI) may provide coverage for eligible spouses and dependent children. Spousal coverage and dependent-child coverage have separate rules, so service members should review their elections and coverage through the appropriate military systems.

Review your SGLI beneficiary designations after major life events, including marriage, divorce, the birth or adoption of a child, or the death of a named beneficiary. If you want life insurance proceeds to benefit a minor child over time rather than be managed through a guardianship arrangement, ask an attorney whether a properly drafted trust is appropriate and how it should be identified on the beneficiary form.

You can review SGLI and FSGLI information through the Department of Veterans Affairs Life Insurance program and the milConnect portal.

Survivor Benefit Plan (SBP)

The Survivor Benefit Plan is a separate program that may provide eligible beneficiaries with continuing monthly income after a service member's death. Elections, costs, and eligibility depend on the member's circumstances and retirement status. SBP decisions should be reviewed carefully, particularly when approaching retirement or experiencing a major family change.

For current program information, visit the Defense Finance and Accounting Service (DFAS) Survivor Benefit Plan resources.

Thrift Savings Plan (TSP)

The Thrift Savings Plan is a retirement savings program available to eligible federal employees and members of the uniformed services. Its beneficiary designation is separate from your will. If you have a TSP account, review the beneficiaries on file and make sure they reflect your current wishes. If no valid designation is on file, the account is generally distributed according to the applicable statutory order of precedence.

Learn more through the Thrift Savings Plan website.

DD Form 93: Record of Emergency Data

DD Form 93 records emergency contact information and designations for certain military benefits, including the death gratuity. It also identifies the person authorized to direct the disposition of remains. It serves a different purpose from an SGLI beneficiary designation, so updating one does not automatically update the other.

Review DD Form 93 whenever your family circumstances change and before deployment. Your personnel office can help you confirm that the information is current.

Establishing True Deployment Readiness

Deployment can happen quickly. Preparing your household means making sure the people you trust understand what authority they have, where important records are located, and how to handle essential responsibilities while you are away.

Depending on your family circumstances, your planning folder may include:

A current Last Will and Testament that addresses the distribution of property and nominations for guardians of minor children.
A properly prepared and funded revocable living trust, if appropriate for your family and assets.
Current SGLI and FSGLI elections and beneficiary information, along with applicable retirement and TSP beneficiary designations.
An appropriate financial power of attorney that gives a trusted person the authority needed to handle financial matters during your absence.
A Florida Designation of Health Care Surrogate and other applicable health care planning documents so your wishes and chosen decision-makers are clearly identified.
An updated DD Form 93 and current emergency contact information.
A letter of instruction identifying important records, recurring household obligations, insurance information, and emergency contacts. Keep passwords and sensitive account information in a secure location rather than distributing them casually.

For Florida residents, a durable power of attorney is generally effective when executed unless a legal exception applies. Florida also permits a qualifying deployment-contingent power of attorney under Fla. Stat. § 709.2106(4). Health care decision-making documents are separate and should be prepared with the applicable Florida requirements in mind.

Taking the time to put these arrangements in place is not about expecting an emergency. It is about helping ensure that legal and administrative questions do not unnecessarily complicate your family's ability to manage everyday responsibilities when you are away.

Florida Domicile and Frequent Moves

Military families may maintain connections to several states during a career. It is important to understand where you are legally domiciled and how that status may affect your estate planning, property, and taxes.

Florida does not impose an individual state income tax. However, simply owning a home in Florida or being stationed here does not automatically establish Florida domicile for every legal or tax purpose. Domicile is a fact-specific determination, and military orders, residence, intent, and other circumstances may matter. A move or reassignment may also create planning questions involving property in another state.

If Florida is your intended permanent home, discuss your domicile and estate planning circumstances with an appropriate legal or tax professional. Families who own real estate in multiple states should also consider whether trust planning or other coordinated ownership arrangements may reduce the administrative burden on loved ones.

To learn more about planning for your family's circumstances, explore our Frequently Asked Questions page.

Get an Estate Plan Designed for Your Family's Realities

Military families deserve an estate plan that accounts for the demands of service, changing assignments, family responsibilities, and assets that may be spread across state lines. A generic document may not address all of those needs.

At Marissa Petillo Law, we help families across Winter Garden, Windermere, Clermont, and the greater Central Florida area understand their planning options. Our approach is heart-centered and practical, with plans tailored to each family's circumstances and predictable flat-fee pricing.

Official Military and Florida Resources

This article is for general educational purposes only and is not legal, tax, or financial advice. Military benefit rules and estate planning requirements can vary based on service branch, benefit program, state law, and individual circumstances. Consult the appropriate military benefits office and qualified professionals regarding your specific situation.

Book a Peace of Mind Planning Session

We guide military and civilian families across Winter Garden, Windermere, Clermont, and the greater Central Florida area through clear, practical estate planning strategies. Schedule a session to discuss your family's needs, available options, and our predictable flat-fee pricing.

Marissa Petillo https://www.marissapetillolaw.com