What is the difference between a Living Trust and a Living Will?

Full question:

What is the difference between a Living Trust and a Living Will?

  • Category: Trusts
  • Date:
  • State: National

Answer:

A Living Trust is made to transfer property and is often used to avoid probate. A person creates a living trust and transfers property to it. The trustee if the same person who made the trust or another person can be appointed. The trust or Memorandum of Trust should be recorded.  After the grantor or person who made the trust dies the assets can either be held by the trust with another trustee or disbursed depending on the wording of the trust.

A Living Will actually has nothing to do with Wills. It is a directive to medical personnel about what you want to happen if you are injured or otherwise on life support and not likely to recover.  In some states a Health Care Directive or Medical Directive is used instead of a Living Will.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Choosing between a living trust and a will depends on your needs. A living trust can help avoid probate and manage assets during your lifetime, while a will is simpler and outlines how your assets should be distributed after death. If you have significant assets or wish to avoid probate, a living trust may be better. However, if you want a straightforward way to distribute your property, a will might suffice. It's best to consult with an attorney to determine what suits your situation best.