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A Living Trust Differs From a Living Will

Where do I put my

dying wishes

in a

living will

or

living trust?

Or my decisions regarding life support?

Your dying wishes and decisions about life support are written in a

living will.

A living (also known as a revocable) trust is an alternative to a Last Will and Testament. You may have read that you can avoid probate with this document. In some states that may be true. In others, it is not--Connecticut, for example.

Sidenote: The claims about avoiding probate in connection with the latter, refer (for the most part, anyway) to avoiding probate in the settling of your estate after your death.)

The Living Will speaks under a very narrow set of circumstances, as defined by your state law, and conveys your wishes regarding whether you wish to be placed on life support, etc., when you would otherwise be unable to convey those wishes yourself. So, you can see that they are very different documents, serving very different purposes. (Like apples and oranges). One speaks when your death is imminent unless you are hooked up to life support, and the other directs the passing of your property after your death.

A Living Trust, or Revocable Trust is also known as a "Will Substitute."

If you are interested in more discussion about the differences between the Living Trust and Last Will and Testament, please check back. More is intended to be added over time. This page will eventually link to living trust information.

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