A Last Will and Testament and a Living Will serve distinct purposes in estate planning, yet they’re often confused. If you’re beginning your Pinellas estate planning, understanding the role of each can help you make informed choices that reflect your wishes for both your healthcare and assets.
The Role of a Last Will and Testament
A Last Will and Testament, commonly referred to as a “will,” outlines how you want your assets and belongings distributed after your passing. This document specifies who should inherit your property, designates a personal representative (also called an executor), and may name a guardian for any minor children. Since a will only takes effect after death, it’s essential for anyone looking to specify asset distribution and family protections.
In Florida, your executor or personal representative must file your will with the county probate court to validate its legality. This process, called “probating the will,” involves the court ensuring your will complies with state laws before permitting the personal representative to manage your estate.
Additionally, there are strategies available to minimize the need for probate, including the use of trusts. An experienced Pinellas estate planning attorney can help you determine if these options make sense for your situation.
How a Living Will Is Different
Unlike a Last Will and Testament, a Living Will is used while you are still alive. It addresses specific healthcare decisions if you are terminally ill or in a persistent vegetative state. This document allows you to outline your preferences for life-sustaining treatments, such as artificial hydration, nutrition, mechanical respiration, and CPR, in situations where you’re unable to communicate your wishes.
A Living Will often accompanies other essential documents, such as a Physician’s Order for Scope of Treatment (POST), and a Health Care Power of Attorney. These documents allow you to control critical aspects of your medical care and designate trusted individuals to act on your behalf in health-related matters.
Getting Help with Your Estate Planning in Pinellas
For comprehensive estate planning in Pinellas, both a Last Will and Testament and a Living Will play important roles in preparing for your future. Working with an experienced estate planning attorney can ensure these documents are properly drafted and customized to your needs, helping protect your wishes for both your assets and healthcare decisions.
Speak with an Estate Planning Attorney for a Personalized Plan
Protect your future by scheduling a consultation with the Law Office of Sherri M. Stinson. Our team can help you create a thorough estate plan that includes both a Last Will and Testament and a Living Will, giving you peace of mind that your wishes will be honored.
