If you've served in the U.S. military, your estate plan has layers that most civilians never have to think about. You may have VA disability compensation, a military pension, Servicemembers' Group Life Insurance (SGLI), a Survivor Benefit Plan (SBP) election, and access to VA burial benefits. Without a proper estate plan, your surviving family could lose thousands of dollars in benefits — or face months of confusion navigating systems they weren't prepared for.
VA estate planning isn't a special legal category — it's standard estate planning that accounts for the unique assets and benefits that come with military service. This guide walks through everything a veteran needs to address: from VA-specific documents to choosing the right will or trust structure.
Quick Summary: What Veterans Need in Their Estate Plan
- A last will and testament — especially if you have minor children
- A durable power of attorney for finances and healthcare directives
- Confirmed SGLI or VGLI beneficiary designations
- A Survivor Benefit Plan election (if you're retired military)
- Updated VA Form 21-686c if marital or dependent status changes
- A living trust if you want to avoid probate or have complex assets
Why VA Estate Planning Is Different
Civilian estate planning is mainly about distributing property and appointing guardians. VA estate planning adds an entirely separate set of federal benefits that don't follow normal inheritance rules.
Here's what makes a veteran's estate different:
- VA disability compensation is not inheritable. When you die, your monthly disability payments stop — they don't transfer to your heirs.
- Military retirement pay also stops at death unless you enrolled in the Survivor Benefit Plan at retirement.
- SGLI and VGLI are life insurance contracts governed by federal law — beneficiary designations override your will entirely.
- VA burial benefits have their own eligibility rules and must be claimed by your family proactively.
- DIC (Dependency and Indemnity Compensation) may be available to your surviving spouse if your death is service-connected — but they must apply for it.
The good news: with proper planning, your family can be well taken care of even though the VA benefits themselves don't transfer.
Step 1: Write a Will (Or a Living Trust)
Every veteran should have a last will and testament. If you die without one (called dying "intestate"), your state's default inheritance laws take over — which may not reflect your wishes at all, especially if you have a blended family, a surviving partner you're not married to, or children from a prior relationship.
A will lets you:
- Name guardians for minor children
- Direct specific personal property (including military memorabilia, medals, and gear)
- Appoint an executor you trust to carry out your wishes
- Provide for a surviving domestic partner who wouldn't inherit under intestacy law
Many veterans also benefit from a revocable living trust. A trust avoids probate — the public court process that can take 6-18 months and cost 3-5% of your estate. If you own real property in multiple states, a trust is especially useful because it avoids multi-state probate proceedings entirely.
For veterans who want a simple, affordable way to get both a will and a trust in one place, Trust & Will is one of the most veteran-friendly platforms available. Their Trust plan includes a revocable living trust, pour-over will, financial power of attorney, and healthcare directive for a one-time fee — no attorney required for straightforward estates.
Get Your Estate Plan Done Today
Trust & Will makes it easy for veterans to create a complete estate plan — will, trust, powers of attorney, and more — in under an hour online.
Start Your Estate Plan →Step 2: Review All Beneficiary Designations
Beneficiary designations on certain accounts override your will completely. This is one of the most common estate planning mistakes veterans make — they write a new will but forget to update their beneficiaries, and the money goes to an ex-spouse or an estranged family member.
As a veteran, review these accounts carefully:
Servicemembers' Group Life Insurance (SGLI)
If you're still on active duty or recently separated, you may still have SGLI coverage. The beneficiary designation on file with DEERS controls who receives the payout — not your will. Log into milConnect to verify and update this.
Veterans' Group Life Insurance (VGLI)
If you converted your SGLI to VGLI after separation, the same rule applies. Contact the Office of Servicemembers' Group Life Insurance (OSGLI) directly to update your beneficiary.
Thrift Savings Plan (TSP)
The TSP is governed by federal law, and beneficiary designations on file with TSP override your will. Log in at tsp.gov and verify or update your beneficiary form (Form TSP-3).
VA Life Insurance
If you have a VA life insurance policy (S-DVI, VMLI, or VALife), update beneficiaries through the VA's Insurance Center. These are separate from SGLI/VGLI.
Step 3: Understand the Survivor Benefit Plan
If you're retired military, the Survivor Benefit Plan (SBP) is the most important decision affecting your spouse's financial security after your death. SBP provides a surviving spouse with up to 55% of your retired pay — for life. But here's the catch: you must elect SBP at the time of retirement, and the default is to opt in only if your spouse consents to waiving coverage.
Key facts about SBP:
- Cost: 6.5% of covered retired pay per month while you're alive
- Benefit: Surviving spouse receives 55% of your base amount, adjusted for COLA
- SBP and DIC interact: if your spouse receives DIC from the VA, the SBP payment may be offset (though recent law has eliminated the "widow's tax" for most recipients)
- You can cover a child, a former spouse, or an insurable interest (like a business partner) instead of a current spouse
If you're still serving and approaching retirement, this decision deserves serious attention — it's permanent and will affect your family for decades.
Step 4: Healthcare Directives and Power of Attorney
Veterans with service-connected conditions, TBI, PTSD, or age-related health issues especially need clear healthcare directives. These documents tell your medical providers and family what you want if you can't speak for yourself.
You need two documents:
- Healthcare power of attorney (HCPOA): Appoints a person to make medical decisions on your behalf if you're incapacitated.
- Advance healthcare directive (living will): States your specific preferences — whether you want CPR, mechanical ventilation, feeding tubes, etc.
The VA itself has a free advance directive form (VA Form 10-0137), but it's only recognized at VA facilities. If you use other healthcare providers, you should also have a state-compliant advance directive recognized under your state's law. Trust & Will and other online estate planning services generate state-specific versions automatically.
Additionally, a durable financial power of attorney lets a trusted person manage your finances — paying bills, managing your TSP, handling real estate — if you're incapacitated. This is separate from the VA's fiduciary program, which only handles VA benefits.
Step 5: VA Burial Benefits and Final Instructions
Many veterans and their families don't realize the range of burial benefits available:
| Benefit | Amount / Details | Who Qualifies |
|---|---|---|
| Burial allowance (service-connected death) | Up to $2,000 | Veteran died of service-connected condition |
| Burial allowance (non-service-connected) | Up to $948 | Most honorably discharged veterans |
| National cemetery burial | Free | Veterans + spouses + dependents |
| Presidential Memorial Certificate | Free, signed by the President | All honorably discharged veterans |
| Headstone or grave marker | Free (national cemeteries) | Veterans in national or state vet cemeteries |
Your family must apply for most of these benefits — they aren't automatic. Leave your discharge paperwork (DD Form 214) somewhere accessible to your family, or store a certified copy with your estate documents. Without your DD-214, your family may struggle to claim burial benefits quickly.
Step 6: Organize Your Documents
The most practical thing you can do as a veteran is create a "death binder" — a physical or digital folder with everything your family needs when you die. Include:
- Certified copy of your DD-214 (military discharge paperwork)
- Your will and/or trust documents
- SGLI/VGLI policy numbers and beneficiary designations
- TSP and any IRA or 401(k) account information
- Social Security card and birth certificate
- Marriage certificate and divorce decrees (if applicable)
- SBP election paperwork (if retired military)
- VA disability rating decision letters
- Life insurance policies outside VA
- Contact info for your executor, VA-accredited attorney, and financial advisor
Store this somewhere your family knows about — a fireproof safe, a bank safe deposit box, or a digital vault service. If you use Trust & Will, they offer digital storage for important documents as part of their plan.
Do You Need a VA-Accredited Attorney?
For most veterans with straightforward estates, an online estate planning service like Trust & Will is sufficient. These platforms are designed for exactly this use case — getting a legally valid will and trust done affordably, without needing an expensive attorney for every document.
You should hire a VA-accredited attorney if:
- You receive VA pension (means-tested benefits) and are considering trust strategies to protect assets
- You have a service-connected disability rating and want to ensure DIC eligibility for a surviving spouse
- Your estate involves complex trust structures, significant real estate, or special needs beneficiaries
- You're navigating an SBP vs. life insurance decision and need specific financial analysis
VA-accredited attorneys and claims agents are listed at the VA's Office of General Counsel (OGC) website. They're the only people legally permitted to charge fees for assisting with VA benefits claims.
Related Articles
- What Happens to Military Benefits During Probate?
- Estate Planning for Veterans with Disabilities
- Living Trust vs Will: Which Do You Need?
- What Is Probate? How to Avoid It in 2026
- How to Write a Will in 2026
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About the Author: The Law-Trust.com Editorial Team includes estate planning researchers, legal writers, and veterans advocates who review content for accuracy and usefulness. All content is reviewed for legal accuracy before publication.