Last Will and Testament

Your will is a legal document that provides instructions for how all of your possessions are distributed after your death. An executor who you have named files a death certificate and petitions the probate court to begin the probate process. Your executor is authorized to make decisions with court oversight and distribute assets according to your wishes as you have laid them out in the terms of your will. Your executor resolves disputes that may arise concerning distribution of your assets. Even with a will, the probate process can be expensive and take many months to complete. You can get help from your unbundled provider attorney who will discuss with you if a will is the best solution for your personal circumstances, or whether you should consider a living trust.

Living Trust

A living trust is an alternative to a will with a major advantage of avoiding lengthy and expensive probate processes. A living trust transfers your possessions into a trust during your lifetime. Then after your death, ownership of your property is passed on by the trustee to your beneficiaries. The living trust permits transfer of your possessions to beneficiaries without the need for lawyer's fees or court filings. Unlike a will, the terms of a living trust can be kept completely private. There may be circumstances where you choose to not transfer certain property into the living trust and in those cases, you will need a will to assign those specific possessions to the beneficiaries you designate. Speak with your unbundled provider attorney to learn more about the advantages of a living trust.

Living Will (Advanced Healthcare Directive)

A living will, also known as an advanced healthcare directive to physicians, is a legal directive that allows your wishes to determine your end of life care. It is used in the event you are unable to communicate with loved ones or physicians. It enables you to issue "do not resuscitate (DNR)" orders to physicians in circumstances where the physician believes there is no hope that you can ever return to independent living. You can also use a living will to inform caregivers that you want your physician to administer palliative care (to ease pain and suffering) in cases where you cannot communicate that to a physician.

Get the Legal Help You Need to Protect Your Estate

Your decision to make a will or living trust to control distribution of your estate is an important decision. There are important differences between the two. A traditional will is public record, and involves a lengthy, expensive probate process. By contrast a living trust is private, and can transfer ownership to your beneficiaries without the need for an attorney or court fees. Your unbundled provider attorney will take the mystery out of making the important decision to provide for your beneficiaries in the best way possible. If you are needing assistance with probate, your attorney can provide you with the necessary guidance and representation to ensure that your loved one's wishes are honored and each party receives their rightful share of the estate.