Last Will and Testaments and Living Wills
Thinking about the situations in which you will need these documents is not easy and neither is answering all of the questions you need to. Most people put off finishing their wills because the decisions are difficult to make. You have already taken the first step and are seeking out more information. This is important. You need to take the time you need to feel comfortable with your decisions. You do NOT need all the answers before your initial meeting with your attorney. We will walk you step-by-step through your planning for your Last Will and Testament and your Living Will. The decisions are not easy, but navigating through the process can be.
Last Will and Testament
A Last Will and Testament is a document that allows you to express your wishes and desires for when you pass. You make decisions about the distribution of your assets and property. You decide on the guardians of any minor children. You can even express your desires on your funeral ceremony and what you would like to happen to your remains. Some people even choose to include personal messages to their survivors, heirs and/or family. It can also establish a trust for your children or grandchildren or anyone else you care about. Without a Last Will, your estate will be distributed to your heirs and final decisions will be made for you by your local probate court in accordance with the statutes of the State you last resided in.
Living Will
Most people know that they may need a Last Will and Testament. Most people don’t know that everyone needs a Living Will. A Living Will indicates a person’s preferences and decisions regarding medical care and other major decisions in advance of a serious illness or injury. It authorizes the people you know and trust to carry out your own decisions when you cannot. You are still alive when this document is used. A Living Will generally has several components. You can include all or only some in your Living Will. In a Living Will you can appoint a Healthcare Agent to make healthcare decisions for you, appoint a power of attorney, provide instructions for the removal of life support systems, designate a conservator for future incapacity and make a statement regarding organ donation.
Wills and Estate Planning Questionnaire
Drafting a proper and effective Last Will and Testament and Living Will requires consideration of a number of issues. We have created a questionnaire for you that lists many of the questions you need to consider while preparing these documents. The questionnaire is designed to supplement the discussion with your attorney, not to replace it. It allows you to take the time you need to think about and feel comfortable with your decisions before you meet with your attorney.You do NOT need to answer every question prior to your initial meeting with your attorney. However, your attorney will be asking you all of these questions, and more, during your planning meeting. Your attorney will walk you step-by-step through the planning for both documents.
PLEASE REMEMBER, NEITHER OF THESE DOCUMENTS HAVE ANY LEGAL EFFECT UNTIL THEY ARE FULLY EXECUTED IN ACCORDANCE WITH STATE LAW.