Legal Question in Wills and Trusts in California

Re: Difference between Living Wills,Living Trusts and Wills

Dear Cyndi:

A living will is another name for a durable power of attorney for health care, or as it is now called Advanced Health Care Directive.

In choosing between a will or a trust, in most situations where a couple's estate is as large as yours, a trust is the better vehicle to distribute ones assets.

I suggest that you contact an attorney who has his/her office close to where you live. If I am sufficiently close by, please do not hesitate to contact me.

Sincerely,

Kai H. Wessels, Esq. (408) 268-2580

Re: Difference between Living Wills,Living Trusts and Wills

A Trust.

Re: Difference between Living Wills,Living Trusts and Wills

A living will has more to do with health care. A will goes into affect after the death of the person making the will. The will can direct where you want your estate to go, but it will still require a probate in most instances, which is public, time consuming and expensive.

A living trust is almost always the correct method of estate planning because the trust is like a corporation; it is in effect while everyone is alive, and doesn't end one one person dies.

I have a brochure that explains the differences in more detail. Call my office for a copy.

Ken Koenen

925-924-0100

Re: Difference between Living Wills,Living Trusts and Wills

A living will only deals with health care issues. A will is essentially instructions to the probate court on what you would like done with your non-probate property (i.e. property held in joint tenancy) after your death.

In my opinion, for most people a good estate plan actually involves all three of these documents (a living trust, will and living will). If you have them prepared together, the cost is much less than preparing them individually. I would be happy to discuss the matter with you further if you contact our offices.

Best regards,