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P. Simmons
P. Simmons, Attorney
Category: General
Satisfied Customers: 32818
Experience:  45 years old, retired Marine Officer, current attorney
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What would be the advantages of having both a will and a living

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What would be the advantages of having both a will and a living will?
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

Good question

They serve different purposes

The will is needed AFTER you pass. This allows you to direct where you assets will be transferred to after your death. It is important since if you do not have a will, or a trust, the state will determine who gets what from your estate.

A living will, as the name implies, acts while you are still alive. IT is basically a power of attorney that gives another person the power to make health care and end of life decisions on you part, when you are not able to.

So, for example, if a person was in an accident, incapacitated, on life support, the person named in the living will would be able to determine what sort of advanced care procedures would be used. Basically, they can say when to "pull the plug". This can protect the estate, since if a person is on life support the cost can be very expensive...if they have no chance of survival, it could save money for the heirs to end life support

Let me know if you have more questions.
Customer: replied 4 years ago.

Can I assume that once I die the living will has no power, or effect?

That is, they would never be in conflict with each other?


- B.

Yes. That is the fact. A "living will" ONLY applies if you are alive. Once you pass it has no more power or effect.

They will never be in conflict, for that reason (one applies prior to death the other after), and since they cover different areas (the living will with health care decisions only and the will with property distribution only)

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