A Living Will Is Different than A Living Trust

Where do you put your dying wishes, in a Living Will or Living Trust? Which document conveys 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.

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. 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 Revocable, or "Living" Trust is also known as a "Will Substitute." Contrary to what you may be told, you will not save more in taxes by having this document rather than a "Last Will and Testament."

If you are interested in more discussion about the differences between the Revocable Trust and Last Will and Testament, click Living Will Living Trust