Living Will and Last Will and Testament: What's the Difference?

A Last Will and Testament is completely different from a Living Will.  Estate planning legal matters are already confusing enough, so it certainly does not help to have similar names for related but completely different documents.  While both documents play a role in planning, they serve entirely different purposes. A Kerrville estate planning attorney can help you navigate the process to create the legal documents best suited for your individual circumstances.

What Is a Last Will and Testament?

A Last Will and Testament, often called simply a “will,” is the legal document most people think of when considering estate planning. This document allows you to outline how you want your assets and possessions to be distributed after you pass away.

The will also appoints an individual to carry out your wishes. This person is called a personal representative or, in some states, an executor or executrix. The role of the Personal Representative is to ensure your will complies with state laws and that your estate is distributed as you intended. A Kerrville estate planning attorney can guide you through the probate process, which is required to validate the will in court.

How Does Probate Work?

After your death, your executor will file your Last Will with the county probate court for review. This process is known as probating the will. It ensures that the will is valid, and the executor has court approval to distribute your estate.

In some cases, probate can be time-consuming and costly. However, there are ways to reduce the impact of probate. An experienced Kerrville estate planning attorney may recommend tools like trusts to help streamline the process.

Can a Last Will Appoint Guardians for My Children?

Yes, in addition to outlining asset distribution, a Last Will can be used to appoint a guardian for your minor children. If you have young children, having a will is critical—even if you don’t have a large estate. Naming a guardian ensures that your wishes are clear and can help avoid family conflicts or court decisions that might not align with your preferences. Have you recently moved to Texas? McCammon Law offers a moving guide for new residents along with a Planning Bundle to help you name guardians for your children.

What Is a Living Will?

A Living Will is a completely different legal document with a specific purpose. Unlike a Last Will, a Living Will is used while you are still alive. Also called a Directive to Physicians and Family or Surrogates in Texas, a Living Will outlines your preferences for medical care if you are unable to communicate your wishes, typically in situations where you are terminally ill or in a persistent vegetative state.

What Medical Decisions Does a Living Will Cover?

A Living Will details the medical treatments you do or don’t want if you are terminally ill or if death is imminent. It allows you to specify whether you want to receive:

• Cardiopulmonary Resuscitation (CPR)
• Artificial or natural hydration and nutrition
• Mechanical respiration or other life-sustaining measures

By having a Living Will, you ensure that your healthcare preferences are honored. Many people also include a Physician’s Order for Scope of Treatment (POST), which further clarifies medical treatment preferences. A Kerrville estate planning attorney can help you draft these essential documents.

Do I Need Both a Last Will and a Living Will?

Yes, both documents serve vital roles in estate planning. A Last Will ensures that your assets are distributed according to your wishes after death, while a Living Will ensures that your medical treatment aligns with your preferences if you’re unable to communicate. Together, these documents provide peace of mind for you and your loved ones.

What Other Documents Should Be Included in My Estate Plan?

In addition to a Last Will and Living Will, there are other essential documents that a Kerrville estate planning attorney may recommend, including:

• Power of Attorney: Grants someone authority to manage your financial affairs if you’re unable to do so.
• Health Care Power of Attorney: Appoints someone to make healthcare decisions on your behalf if you’re incapacitated.

These documents help protect you and your loved ones, ensuring that all aspects of your estate are handled properly, both during your lifetime and after your passing.

For personalized assistance in creating your estate plan, including a Last Will and Living Will, consult Kerrville Estate Planning Attorney Shawn McCammon. Request a Consultation today to safeguard your future.

Key Takeaways

• A Last Will and Testament distributes your assets after death and appoints an executor to manage your estate.
• A Living Will outlines your medical preferences if you're unable to communicate due to terminal illness or a vegetative state.
• Both documents are crucial parts of comprehensive estate planning and serve different purposes.
• A Kerrville estate planning attorney can guide you through creating a Last Will, Living Will, and other essential documents like Powers of Attorney.
• Planning ahead ensures your wishes are honored and provides peace of mind for you and your loved ones.

Reference: Coeur d’Alene/Post Falls Press (Nov. 19, 2023) “Do you understand the difference between a Living Will and a Last Will in Idaho?”