A Will, A Living Will, A Living Trust…What is the Difference?

contractThree important legal documents that every adult should have are a will, a living trust and a living will.  Each document defines your decisions for the different areas of your estate and will save your loved ones time, money and stress when you are gone.  These documents are easy to draw up, or you could have a lawyer prepare the documents for a nominal fee.

A WILL dictates how your estate and property is to be distributed after your death and can also designate guardians for children and self should you become incapable or pass away. A regular will must pass through probate court in most states before your estate can be passed on to your heirs. Most state laws do not require that you use a lawyer to prepare your will; you can use a will kit at home.  Probate court can take some time if there are any disputes, so make sure your wishes are clear when writing your will.

A LIVING WILL defines your wish to be kept or not kept alive by artificial life support in the event of terminal illness or injury. A living will also gives you the ability to set limits on your hospital, medical and funeral costs that can easily drain your estate and leave your loved ones with the bills. If you express your wishes beforehand, it will make the process much less stressful for those involved in your care and the execution of your final wishes.

A LIVING TRUST is quite similar to a regular will, but they are different at the core.  Unlike a regular will that cannot be changed after it is written, a living trust can be amended at any time.  A living trust takes effect while you are alive, whereas a will takes effect after you pass. You can put property into your living trust at any time before your death and afterward your estate goes directly to your heirs without passing through probate court. If you ever change your mind about the definitions of your will, you can change or revoke how your estate will be divided at any time by using a living trust. A living trust, will also save money and time later on because your loved ones won’t have to go through probate first.