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.

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