Military families may benefit from distinct survivor benefits, VA pensions and other special programs, so they need unique estate planning solutions. While navigating VA benefits regulations can be challenging, help is available. McNair Dallas Law is ready to step in and help you understand and secure the benefits you earned serving our nation.
Critical Aspects of Estate Planning for Military Families
Military families have access to resources and programs that can significantly impact estate planning. These benefits provide financial security and ensure that loved ones receive the support they need, even in the most challenging times. Here are some foundational elements to consider when planning for the future.
VA Pension
If you served at least one day of active duty during a period of war, and need assistance with Activities of Daily Living like bathing, dressing, toileting, walking, and eating, you may be eligible to receive VA Pension (sometimes called Aid & Attendance) to offset the cost of your care.
Married veterans may receive a monthly pension of up to $2,795, single veterans may receive up to $2,358 per month, and surviving spouses may receive up to $1,515 to offset the cost of care.
The Veterans Administration has identified Wartime Service Dates as:
- Korea June 27, 1950 – January 31, 1955
- Vietnam (must have been in-country to qualify) February 28, 1961 – August 4, 1964
- Vietnam August 5, 1964 – May 7, 1975
- Gulf War August 2, 1990 – Present
Survivor Benefits: What They are and How They Help
The Survivor Benefit Plan (SBP) is one of the essential estate planning tools for military families. SBP provides a monthly income to eligible survivors after a servicemember’s passing, helping to replace lost retirement income. This benefit can extend to spouses, children, and other dependents, offering long-term financial support.
Enrolling in the SBP is crucial for families who rely on a military pension. Without it, pension payments stop upon the servicemember’s death, leaving dependents without a vital income source. The cost of the SBP is typically based on a small percentage of the servicemember’s retired pay, making it an affordable option for most families.
VA Pension Eligibility for Surviving Spouses and Dependents
In addition to the SBP, surviving spouses and dependents may qualify for VA pensions, which offer financial assistance to low-income family members of deceased veterans. VA pensions have income and net worth limits, and eligibility depends on the servicemember’s discharge status and active-duty service length. Surviving family members may also need to meet additional requirements.
The VA offers two primary types of survivor pensions:
- Dependency and Indemnity Compensation (DIC): This tax-free monthly benefit is for surviving spouses, children, or parents of servicemembers who passed away in the line of duty or due to a service-related condition.
- Survivors Pension: A need-based benefit for eligible low-income surviving spouses and children of deceased veterans who served during wartime.
These programs provide essential financial support, helping to cover daily expenses and maintain the family’s quality of life.
The Importance of Estate Planning Tools for Military Families
A will remains essential to any estate plan, allowing servicemembers to specify how assets will be distributed. For military families, it’s important to outline these details in a will to protect assets and avoid potential family disputes. Creating a living will also provide instructions regarding healthcare decisions if the servicemember becomes incapacitated, ensuring that medical treatment aligns with their wishes.
Durable Power of Attorney
A durable financial power of attorney (POA) allows a trusted individual (called an Agent) to make financial or legal decisions on behalf of a servicemember if the servicemember cannot do so. During deployments or other periods of absence, the designated person can exercise authority over financial matters such as paying bills, managing property and accessing bank accounts.
Designating Beneficiaries for Life Insurance and TSP Accounts
Servicemembers often have life insurance through the Servicemembers’ Group Life Insurance (SGLI) program. Designating beneficiaries for this policy and Thrift Savings Plan (TSP) accounts ensures that these assets pass to loved ones immediately. Regularly updating beneficiary designations helps prevent misunderstandings and ensures that funds go directly to the intended recipients.
Preparing for the Future with Legal and Financial Counseling
Military families may also access free legal assistance and financial counseling through military legal offices and organizations, like Military OneSource. These resources can provide personalized guidance on estate planning, ensuring that families understand the legal documents needed and the benefits available to them. Seeking assistance early can simplify estate planning and reduce potential stress for loved ones.
Preparing the Estate of Military Families
Navigating estate planning as a military family can be complex, especially when considering specific military benefits and regulations. McNair Dallas Law is dedicated to assisting military families in creating comprehensive estate plans that cover all scenarios. We help families maximize survivor benefits, update beneficiary designations and secure long-term financial stability. Reach out today to schedule a consultation and secure your family’s future through estate planning.
Key Takeaways
- VA Pension (Aide & Attendance) can help offset the cost of personal care assistance or laong-term care for eligible veterans and their surviving spouses.
- The Survivor Benefit Plan (SBP) provides long-term income for dependents. It replaces lost retirement income for spouses and dependents, securing financial stability after a servicemember’s passing.
- VA pensions support low-income family members: DIC and Survivors Pension offers essential financial aid for qualifying family members of deceased veterans.
- Wills and living will protect personal wishes: These documents ensure assets are distributed according to the servicemember’s wishes and outline medical preferences.
- Power of attorney grants decision-making authority: POA allows trusted individuals to manage finances during deployments or incapacitation, ensuring continuous financial stability.
Reference: Military OneSource (Sept. 19, 2024) “What Is Estate Planning?”
