The Difference Between a Will and a Living Will

Depending on your needs, there are a few things to consider when deciding between a will vs. a living will. Formally known as a last will and testament, a will helps determine your assets’ distribution once you die. In comparison, a living will is used to carry out your end-of-life decisions if you become terminally ill or incapacitated and can no longer speak or make decisions for yourself. 

Writing a Will

When writing a will, you are essentially declaring what will happen to your estate after your death. To do this, you’ll want to appoint an executor to represent you. While an executor can be a beneficiary or another close relative or friend, the Mark Weseman Law team offers various legal services. They have the knowledge and expertise to help determine how your assets should be distributed. 

Depending on your state laws, you’ll likely need a witness to oversee you signing your will. Once your will has been drafted and signed, ensure you place it away for safekeeping in a known location to your spouse and executor. 

Protect your family if you become terminally ill, incapacitated, can no longer speak nor make decisions for yourself with a living will.

Drafting a Living Will

If you need to undergo intensive surgery, get diagnosed with an incurable disease, or set up your estate planning, you’ll want to create a living will. That way, if you can no longer make decisions or speak for yourself, your loved ones will know what end-of-life decisions you have made, such as resuscitation wishes and other treatment options. Your living will shouldn’t only include your medical instructions for doctors and family members; it can also include anything from organ donation to funeral/burial wishes. If you need help determining whether you should set up a will vs. a living will, contact our law office for a consultation today.