Legal Question in Wills and Trusts in Arizona

Re: Living Trust or Living Will

I agree with the previous response.

For reasons stated, I do not use the term "living will," because it is confusing. I call it a Personal Medical Directive.

You can obtain a free copy of my audio CD "Your Estate Plan" by calling 480.835.1500.

Unfortunately, setting up a complete and bulletproof estate plan is complex for the layman, and they usually get it wrong. I do not recommend out-of-the-drawer, fill-in-the-blanks forms. They usually cause more problems than they avoid.

Best regards,

James D. Jenkins

Re: Living Trust or Living Will

It seems that you are confusing at least 3 concepts. A "living will" is an advance medical directive. A "living trust" is actually a revocable trust, a commonly used method to avoid probate and also protect your assets and income during your lifetime. A "Last Will and Testament" is the document that states, upon your death, how your estate is to be administered through the probate of your Will. You should consult with a competent attorney to determine which of the above you may need to accomplish your goals. I would also recommend that you and your spouse each create a durable health care power of attorney and a durable financial power of attorney. You can avoid probate by putting assets in joint ownership with right of survivorship or use a "beneficiary deed" to pass on real property, for example.