Military service is built on preparation. Before every mission, there is a plan, a checklist, and a contingency for the unexpected. The same mindset should apply to protecting your family.
Whether you’re preparing for deployment, serving in the National Guard or Reserves, transitioning to civilian life, or enjoying retirement, having the right legal documents in place can make an enormous difference during a crisis.
At Trust Johnson Law, we’re proud to help Colorado’s military families create estate plans designed for the realities of military life. As a veteran-operated law firm, we understand that deployments, frequent moves, and changing family dynamics require thoughtful legal planning.
Here are the ten legal documents every military family should consider.
1. Last Will and Testament
A will is the foundation of every estate plan.
It allows you to:
- Decide who inherits your property.
- Name a personal representative to administer your estate.
- Nominate guardians for your minor children.
- Leave specific gifts to family members or charities.
Without a valid will, Colorado law determines who receives your property, and those results may not reflect your wishes.
Related Reading: Estate Planning for Military Families
2. Revocable Living Trust
While a will is essential, many military families benefit from a revocable living trust.
A trust can:
- Help many assets avoid probate.
- Keep your estate more private.
- Simplify estate administration.
- Provide a plan if you become incapacitated.
- Make it easier to manage assets during periods of deployment or relocation.
Trusts are especially valuable for families with real estate, businesses, significant investments, or blended family situations.
3. Durable Financial Power of Attorney
Deployments, overseas assignments, and temporary duty travel can make it difficult to manage financial matters.
A durable financial power of attorney allows someone you trust to:
- Pay bills.
- Access bank accounts.
- Handle insurance claims.
- Sign legal documents.
- Manage investments.
- Buy or sell property if necessary.
Without this document, your spouse or loved ones may have limited authority to act on your behalf.
4. Medical Power of Attorney
If you’re unable to communicate because of illness or injury, someone needs legal authority to make healthcare decisions for you.
A medical power of attorney lets you choose that trusted person instead of leaving the decision to a court or relying on default legal rules.
Military families often spend long periods apart, making this document especially important.
5. Advance Directive (Living Will)
An advance directive explains your preferences regarding medical treatment if you’re unable to express your wishes.
It can address topics such as:
- Life-sustaining treatment.
- Artificial nutrition and hydration.
- End-of-life care.
- Comfort care.
Having these conversations before a crisis helps reduce uncertainty and emotional stress for your loved ones.
6. Guardianship Designations for Minor Children
For parents, this may be the most important document of all.
If something happens to both parents, who will care for your children?
Military families should carefully consider:
- Primary guardians.
- Alternate guardians.
- Temporary caregivers during deployments.
- Educational preferences.
- Religious preferences.
- Financial management for children.
Naming guardians now can help avoid uncertainty and family disputes later.
7. Beneficiary Designation Review
Some of your most valuable assets don’t pass through your will or trust.
Instead, they pass according to beneficiary designations.
Review beneficiaries for:
- Servicemembers’ Group Life Insurance (SGLI)
- Veterans’ Group Life Insurance (VGLI)
- Thrift Savings Plan (TSP)
- IRAs
- 401(k)s
- Pension benefits
- Bank accounts with payable-on-death designations
- Investment accounts
Many people forget to update beneficiaries after marriage, divorce, the birth of a child, or retirement. An outdated designation can override what your will says.
8. Digital Asset Inventory
Much of modern life exists online.
Create a secure inventory that includes:
- Email accounts.
- Online banking.
- Investment platforms.
- Cloud storage.
- Password manager information.
- Social media accounts.
- Cryptocurrency holdings.
- Important subscriptions.
Don’t include passwords directly in your will, which may become public during probate. Instead, maintain them securely and let your trusted decision-makers know how to access them.
9. Firearm Trust (When Appropriate)
Many service members and veterans own firearms for hunting, collecting, competition, or personal protection.
A properly drafted firearm trust can help:
- Simplify the transfer of certain firearms.
- Protect valuable collections.
- Provide instructions for future trustees.
- Coordinate with your broader estate plan.
If your collection includes items regulated under the National Firearms Act (NFA), a trust may offer additional planning benefits.
10. Military Family Emergency Information Binder
Not every important document is a legal document, but every military family should maintain an organized emergency file.
Consider including:
- Birth certificates.
- Marriage certificates.
- Social Security cards.
- Military service records.
- DD Form 214 (for veterans).
- Insurance policies.
- Vehicle titles.
- Real estate records.
- Banking information.
- Contact information for trusted family members.
- Copies of your estate planning documents.
- Important medical information.
Store originals in a secure location, and let your spouse or trusted representative know where they are.
Bonus: Review Your Estate Plan Regularly
An estate plan isn’t something you create once and forget.
Review it after major life events, including:
- Marriage.
- Divorce.
- Birth or adoption of a child.
- Deployment.
- PCS move.
- Retirement from military service.
- Purchasing a home.
- Starting a business.
- Significant changes in assets.
Even if nothing major has changed, it’s wise to review your documents every few years to ensure they still reflect your wishes and current law.
Frequently Asked Questions
Doesn’t the military provide these documents?
Military legal assistance offices can prepare certain basic estate planning documents for eligible service members. However, those services may not address more complex situations such as revocable trusts, business ownership, blended families, advanced tax planning, or detailed asset protection strategies. If your circumstances are more involved, it may be worth discussing a customized estate plan with an attorney.
Do veterans still need an estate plan?
Yes. Leaving active duty doesn’t eliminate the need for estate planning. Veterans often have retirement benefits, life insurance, disability benefits, businesses, real estate, and family considerations that deserve thoughtful planning.
What if my spouse isn’t in the military?
Estate planning is important regardless of military status. Even if only one spouse serves or previously served, your family’s legal planning should work together as a comprehensive plan.
How often should we update our estate plan?
Review your estate plan after major life events and at least every few years to make sure it still reflects your goals, family circumstances, and current law.
Protect Your Mission Beyond the Uniform
Military service teaches that preparation saves lives, reduces uncertainty, and keeps missions on track. Your family’s future deserves the same level of preparation.
The right legal documents can provide clarity during difficult times, protect the people you love, and help ensure your wishes are carried out.
Whether you’re preparing for deployment, transitioning to civilian life, or simply updating your family’s estate plan, Trust Johnson Law is here to help.
Contact Trust Johnson Law today to schedule a confidential consultation and build an estate plan designed for your military family’s unique needs.
