Why Military Family Estate Planning Is Different
When you serve your country, you earn benefits that civilians don't have—SGLI life insurance, Survivor Benefit Plan, VA disability, TSP retirement, and VA home loan eligibility. These benefits don't go through a living trust. They pass by beneficiary designation. But your California real estate, bank accounts, and personal property DO need a trust. The challenge is making sure everything works together.
The JAG Misconception
Many military families assume JAG will handle their estate after death. JAG cannot represent your family in California probate court. Your San Diego home will go through the same civilian probate process as everyone else—the Central Courthouse at 1100 Union Street, with the same 12-18 month backlog and $48,000+ in fees.
SGLI/VGLI Coordination
Your $500,000 SGLI passes by beneficiary designation—NOT through your trust. We ensure your trust and SGLI beneficiaries work together, not against each other.
Survivor Benefit Plan
Your SBP election affects your spouse for life. We help you understand how your trust and SBP work together to protect your family.
VA Home Loan Property
Your VA-financed home CAN go into a living trust. We provide proper deed transfer guidance that maintains your VA loan status.
SGLI & VGLI Coordination
Your Servicemembers' Group Life Insurance is one of your most valuable benefits. Here's how it works with your living trust.
What LegalZoom Doesn't Tell You
National document sites don't understand military benefits. Here's what they miss:
- SGLI does NOT go through your trust—it passes by beneficiary designation
- Naming your trust as SGLI beneficiary can create tax problems
- SGLI and trust beneficiaries should be coordinated, not identical
- VGLI conversion after separation has different rules
- Traumatic SGLI (TSGLI) is a separate benefit with its own designation
Our Military Trust Includes
- SGLI beneficiary review recommendations
- VGLI conversion guidance for separating members
- Coordination notes for your trust and SGLI to work together
- Contingent beneficiary planning for both trust and SGLI
- Minor children provisions if SGLI goes to kids
Learn about coordinating your trust with military benefits →
Military Pension & Survivor Benefit Plan
If you're retired military or approaching retirement, your pension and Survivor Benefit Plan (SBP) are major assets. Like SGLI, these benefits pass outside your trust—but they need to be coordinated with your overall estate plan.
Benefits That Pass OUTSIDE Your Trust:
- Military Retired Pay (stops at death, but SBP continues)
- Survivor Benefit Plan (SBP) - up to 55% of retired pay
- VA Dependency & Indemnity Compensation (DIC)
- Thrift Savings Plan (TSP) - passes by beneficiary designation
Assets That GO INTO Your Trust:
- Your San Diego home (including VA-financed property)
- Bank and investment accounts
- Vehicles, personal property
Common Military Estate Planning Mistakes
Mistake #1: No Trust at All
"My SGLI covers everything." Your home still goes through probate—$48,000+ in fees.
Mistake #2: Trust as SGLI Beneficiary
Can create unnecessary delays and potential tax issues.
Mistake #3: Outdated Beneficiaries
Ex-spouse still on SGLI from 2 duty stations ago? It happens.
Mistake #4: Assuming JAG Handles It
JAG cannot represent your family in California probate court.
San Diego Neighborhoods: What Your Estate Plan Must Address
San Diego County spans from the Mexican border to Orange County, with dramatically different real estate values. Here's our local expertise:
Coastal & Premium
Coronado ($1.5M - $6M)
Island community with strong naval heritage. Retired admirals and active-duty officers. Probate fees: $56,000-$146,000+.
La Jolla ($2M - $10M+)
San Diego's most prestigious address. Oceanfront estates. Probate fees: $66,000-$226,000+.
Point Loma ($1.2M - $3M)
Near Naval Base Point Loma. Submarine families and Navy retirees.
Del Mar ($2M - $8M)
Racetrack-adjacent luxury. Executives and retirees.
Military-Adjacent
Oceanside ($750K - $1.5M)
Near Camp Pendleton main gate. Marine families with frequent PCS moves.
Carlsbad ($900K - $2M)
North County beach community. Military retirees and professionals.
Chula Vista ($650K - $1.1M)
South Bay affordable option. Growing military family community.
Mira Mesa / Scripps Ranch ($850K - $1.4M)
Near MCAS Miramar. Aviation families and defense contractors.
The "San Diego Probate Tax": Military Families Pay Too
Statutory fees under CA Probate Code §10810. Military service does NOT exempt you.
No Military Exemption: Unlike some states, California does NOT provide probate fee exemptions for military families. An O-6 with 30 years of service pays the same probate fees as anyone else.
San Diego Central Courthouse: 1100 Union St.
JAG cannot represent your family here
The Union Street Reality: JAG Can't Help Here
Many military families assume their legal assistance office or JAG will handle estate matters after death. They can't. Probate is a civilian court process. Your family will be in the same line as everyone else at the San Diego Superior Court.
The San Diego Probate Process:
- Central Courthouse: 1100 Union St., downtown San Diego
- North County: Vista Regional Center (Camp Pendleton area)
- 12-18 month backlog at both locations
- No military fast-track exists
Whether you're an E-3 at MCRD or an O-8 at NAVWAR, probate court treats everyone the same. A living trust is the only way to avoid it.
Prop 19 Alert for San Diego Military Families
Many military families buy homes in San Diego and hold them for decades—through multiple deployments and duty stations. These homes have incredibly low Prop 13 tax bases. Proposition 19 threatens to destroy this advantage when you pass the home to your children.
Without Planning
Your $4,000/year tax bill becomes $18,000+/year if children don't move in within 12 months.
With Proper Planning
We help you understand Prop 19 exclusions and structure your trust to maximize protection.
San Diego Example: A Coronado home purchased in 1995 for $350,000 is now worth $2.1M. Current taxes: $5,200/year. Without planning, heirs who don't move in pay $25,200/year—an extra $20,000 annually, forever.
How to Create Your San Diego Military Family Trust
Complete Questionnaire
Answer questions about your property, military status, benefits, and beneficiaries
⏱️ 15 minutes
Attorney Review
Attorney Rozsa Gyene (Bar #208356) reviews for military benefit coordination
📋 Same week
Sign Locally
Sign with any notary—on base, near your installation, or anywhere convenient
✍️ Your choice
Fund Your Trust
Transfer property via Grant Deed—VA loan guidance included
🏠 Protected!
What San Diego Military Families Say
★★★★★ 4.9/5 average from 127 reviews
"As a Navy Commander stationed at North Island, I needed a trust that coordinated with my SGLI and Survivor Benefit Plan. Attorney Gyene understood military benefits better than any attorney I consulted. LegalZoom had no idea what SBP even meant."
— Commander James T., USN
Naval Air Station North Island, November 2024
"After 18 years in the Marines at Camp Pendleton, I have complex benefits—military pension, TSP, VA disability. Attorney Gyene created a trust that coordinates everything properly. The $400 price for this expertise is unbelievable."
— Gunnery Sgt. Maria R., USMC
Camp Pendleton, October 2024
"My father was a retired Navy Chief and his Coronado home went through 16 months of probate at Union Street. The fees were $58,000. JAG couldn't help at all. I created my own trust with Attorney Gyene immediately."
— Robert C., Navy Dependent
Coronado, September 2024
Frequently Asked Questions: San Diego Military Family Trusts
How much does probate cost for a San Diego home?
For a median San Diego home valued at $1.05 million, California statutory probate fees total approximately $48,000. Under CA Probate Code §10810, fees are based on gross market value—not equity. Military service does NOT provide any exemption. A living trust bypasses these fees entirely for just $400.
How does a living trust coordinate with military benefits like SGLI and VA survivor benefits?
A living trust works alongside—not instead of—your military benefits. Your SGLI/VGLI, Survivor Benefit Plan (SBP), and TSP pass by beneficiary designation, not through your trust. Your trust handles your real estate, bank accounts, and personal property. We help you coordinate these pieces so everything works together. Learn about military benefit coordination →
Where is the probate court for San Diego military families?
All San Diego County probate cases—including military families—are filed at the Central Courthouse at 1100 Union Street in downtown San Diego. JAG cannot represent your family in California probate court. There is no military exemption. A living trust bypasses the courthouse entirely.
Serving Those Who Serve
Attorney Rozsa Gyene (Bar #208356) has been helping California military families protect their estates for over 25 years. We understand the unique challenges of military life—frequent PCS moves, deployment considerations, and the complex web of military benefits.
Most San Diego Military Clients:
- Complete questionnaire online (15 min)
- Receive attorney-reviewed documents via email
- Sign at any notary (on base or off)
- Record deed at SD County Recorder
450 N Brand Blvd, Suite 600, Glendale, CA 91203
Also Serving San Diego County Communities
Military Installations Served
Naval Base San Diego • NAS North Island • Naval Base Point Loma • Camp Pendleton • MCAS Miramar • MCRD San Diego • Naval Medical Center • SPAWAR/NAVWAR • Coast Guard Sector San Diego • All Active Duty, Reserves, Veterans & Military Families
San Diego Estate Planning Statistics
San Diego County's probate court handles thousands of cases annually, with significant backlogs at the downtown courthouse. For military families with frequent PCS moves, a living trust is especially important—it ensures your estate transfers smoothly regardless of where you're stationed, saving your family $45,000+ in fees and 14-18 months of waiting.
San Diego Probate Court Information
If you pass away without a living trust in San Diego, your estate will go through probate at:
Central Courthouse
1100 Union Street
San Diego, CA 92101
Current backlog: 14-18 months for initial hearings
The San Diego Central Courthouse handles all probate matters for San Diego County, including cases from La Jolla, Pacific Beach, Coronado, and all coastal communities. Military families stationed at Camp Pendleton, Naval Base San Diego, or MCAS Miramar should note that there is no military exemption for probate—a living trust is essential for protecting your family.
San Diego Neighborhoods We Serve
Our online living trust services are available to families throughout San Diego:
Plus: Del Mar, Carmel Valley, Scripps Ranch, Poway, Encinitas, Carlsbad, Oceanside, Chula Vista, and all San Diego County communities.
