What is a Last Will & Testament and Why do I Need one?
KIRCHNER ADMIN SERVICES | AIDEN KIRCHNER
540.294.4887 | Kirchner Admin Services Website
WHAT IS A LAST WILL & TESTAMENT & WHY DO I NEED ONE?
It's easy to confuse the terms Living Will and Last Will & Testament, but they are completely separate legal documents and meet very different needs.
Read on for more information on a Living Will vs. Last Will, including the differences between them, how they work, and who might consider each one- and when.
A Living Will, sometimes called an Advance Directive, is a legal document that provides instructions regarding the medical care a person wishes to receive if he or she becomes incapacitated or seriously ill and cannot communicate their preferences themselves.
The details of Living Wills often include considerations such as whether the person would like life-sustaining medical treatments or feeding and breathing tubes to be used.
An attorney-in-fact is named in a Living Will (advance directive) to represent the interests of the Living Will's owner. Through a Power of Attorney, this agent communicates with doctors and other medical personnel regarding the person's desires, as expressed in the Living Will.
A Last Will and Testament, also known simply as a Will, is a legal document that provides instructions for what should happen to a person's assets after his or her death. If a person dies with a will, they are said to be "intestate", and state intestacy laws govern the distribution of the property of the decedent.
Note that it is also possible to name a guardian for minor children, as well as a person to manage their financial affairs, in a Last Will and Testament. Quite simply, if you are a parent of a minor, you should absolutely have a Will.
The person drafting the Will, called the testator, chooses an executor of his estate, who will carry out the Will's provisions through the probate process. The executor is responsible for gathering property, keeping financial records, and paying any outstanding debts and taxes after which the executor can distribute the decedent's property to beneficiaries as described in the Will.
Other than the fact that a Living Will and a Last Will & Testament will serve different purposes, another major difference a Living Will and a Last Will is when they take effect. A Last Will and Testament doesn't take effect until after the person's death but a Living Will comes into play while the person is still alive but incapacitated.
Perhaps you are wondering whether you need a Last Will or a Living Will. Well, the answer is easy, because just about everyone should have both. And my business, Kirchner Admin Services offers both, you can choose either one or both at a low cost. Each offers you the peace of mind that your wishes will be followed when you can't make them known either because of incapacitation or death.
In the casse of a Last Will and Testament, having one can also make the probate process go more smoothly, and with a Living Will, it can provide guidance to your lloved ones in making difficult decisions during a trying time.
So when should you get a Living Will and a Last Will & Testament?
That's another easy question to answer, because there's no time like the present. No one can predict the future, so the sooner you have your preferences recorded in a Living Will and a Last Will & Testament, the better.
Kirchner Admin Services can help you create a Last Will or a Living Will & Testament. Last Wills and Living Will & Testaments are customized based on your needs and both are backed by a Peace of Mind guarantee. They also come with Notarization. You want to get any legal document Notarized so it holds up in court. To acquire your Living Will or Last Will & Testament you may call me, Aiden Kirchner at Kirchner Admin Services at 540.294.4887 or you can visit my website at http://aidenkirchner.wixsite.com/kirchneradmin and I will be happy to assist you in acquiring one or both of these legal documents. Or any other of the legal documents that I provide.
