Wills Vs Living Wills

What is a living will and is it the same as a will? No, its the the discrepancy of life and death.

The Living Will A living will is also called an "Advanced curative Directive." It is a legal document created to make clear your wishes if you become incapacitated and are unable to convey your wishes. A Living Will allows you the peace of mind knowing that your wishes will be followed while you are living and incapable of communicating them yourself. Your living will names the someone you wish to name as your curative Power of Attorney to act in your name and be authorized to receive incommunicable curative data about you. The Hipaa law, enacted in April of 2003 prevents your healthcare providers from disclosing any data about you to anything not authorized by you in writing, along with your parent, spouse or child. This document will help you avoid the humiliation of a competency hearing should you have an incapacitating accident or illness. It spells out your feelings regarding heroic curative methods to prolong life without chance of regaining your condition or capability of life.The new heartbreaking case of Terry Schivo emphasized the wisdom of everybody having such a document. The lack of this document pitted her husband and her parents in a continued and vicious court battle and made her last days the focus of national media attention. We will never know what Terry's wishes were but you can prevent the heartbreaking conflict endured by her house by creating this easy document. You will be able to keep your considered considered wishes. You may ask every effort be made to keep your life or you may choose to be allowed to be given only those measures that will keep you comfortable in your last days. A copy of this document should be kept on file with your healthcare providers, attorney and the someone named as your curative Power of Attorney. A pocket living will can be carried with you at all times. The Will The will, also commonly known as "The Last Will and Testament" is a document created to be used upon the chance of your death. The terms of the will are not enforceable until then. A will names the someone you choose to administer your affairs after you die. It bequeaths your worldly possessions to your next of kin or chosen beneficiaries. In most of the western world, it is the most tasteless form of estate planning. A will requires probate unless your estate is so small as to be exempt under the probate codes of your state. In most states homeowners will all the time exceed the minimum. Their asset will be subject to probate proceedings. Probate is a process during which the will is filed and becomes a public document. The names of the beneficiaries, the value of the estate and all the details of the will are then in public domain. This is true even for celebrities like Jacqueline Kennedy Onassis, Anna Nicole Smith, Natalie Wood whose wills are ready to anything wishing to read them. During probate the court then commonly recognizes the validity of the document and appoints a personal representative or executor to administer the terms of the will. Each state probate code dictates a minimum estimate of time to issue the notice of death and ask creditors to make their claims. Claims against the estate are then examined for their validity and those proven are paid by the personal representative along with any estate taxes due. After all the above requirements are met, providing the will remains unchallenged, the beneficiaries named in the will receive their quantum of the estate. This could be as soon as six months but averages about a year and sometimes much longer. Even though most of us may have a basic understanding of what a will is for, the American Bar association reports that only 19% of American adults have documents directing the disposition of their asset after they die. You don't have to get them today, but why wait to safe yourself and provide for your loved ones?