Legal Question in Wills and Trusts in California

Re: Living Will and Testament

Thank you very much for your question. As you can see from the responses by other attorneys, you either mistyped your question or you did something wrong.

Wills are witnessed, trusts are notarized, and "living wills," which are not called that in California, are usually notarized.

From your question, I suspect you are talking about what happens when you die, and not when you are ill. If that is the case, then you may well have done something wrong in your estate planning.

I strongly advise you to seek legal advice from an attorney in your area.

If I can be of further assistance, please do not hesitate to contact me.

Sincerely,

Kai H. Wessels, Esq.

tel. (877-wessels)

Re: Living Will and Testament

It's unclear from your post exactly what document you are referencing. A "living will" is an old term for what is now an Advance Health Care Directive and deals only with directions to your health care providers about your final wishes for life support and death. It is usually notarized or witnessed, but not both. Copies should be given to the person designated as power of attorney for healthcare and to your primary care physician.

If you are referring to a Living Trust, which, in an estate planning package may include an advance directive, power of attorney and pour-over wills. Copies needn't be sent to anyone other than the trustee and possibly the successor trustee, if you are the initial trustee.

Re: Living Will and Testament

If you are talking about a living will, a health directive to physicians, you should also give a copy to the hospital where you will most likely end up in emergency. They like to have one in your hospital file.