What is the difference between a will and a living will?

A will and living will are two important documents when it comes to wills and probate law in Florida. While both are legally binding documents intended to communicate the wishes of the individual, they have significantly different purposes and implications. A will is a written document that designates how a person’s assets should be distributed and managed after their death. A valid will must be signed and witnessed by two individuals. The individual signing the will is known as the “testator”, and the will typically names an executor to manage the assets and distribute them according to the will. A living will, also known as an advance directive, is a legal document that is meant to be used only while the individual is still alive. It communicates the wishes of the individual regarding medical treatment in the event of an emergency such as a coma or a life-threatening illness. It also allows the individual to designate a health care representative who will make all medical decisions on their behalf. In summary, a will is a legally binding document used to communicate the wishes of the deceased regarding asset management and distribution, while a living will is a document that communicates the wishes of the individual regarding medical treatment in the event of an emergency.

Related FAQs

How do I ensure my will accurately reflects my wishes?
What is a pour-over trust?
How can I protect my assets during probate?
Can I make changes to a will after I have died?
What is the difference between a living will and a last will and testament?
What is a living trust?
What is an executor’s deed?
How can I avoid probate on my estate?
What is an inheritance trust?
Can I set up a trust to pay for my funeral?

Related Blog Posts

Understanding Wills and Probate Law: The Basics - July 31, 2023
The Benefits of Establishing a Will: An Overview - August 7, 2023
Creating a Trust to Maximize Estate Planning Benefits - August 14, 2023
How Executors Handle Probate: A Step-by-Step Guide - August 21, 2023
The Difference between Wills and Living Trusts - August 28, 2023