Why You Should Have a Living Will and Trust ?

When it comes to planning for the future, most people avoid the topic. Talking about “what happens after” is not easy. But having a Living Will and a Trust can actually give you and your family peace of mind.

Let’s break this down.

What is a Living Will?

A Living Will is a written document that explains your wishes if you become very sick or unable to speak for yourself.

• Do you want life support machines?

• Do you want certain treatments or not?

• Who should make medical choices for you if you can’t?

A Living Will answers these questions ahead of time. This way, your family doesn’t have to guess what you would have wanted.

What is a Trust?

A Trust is like a safety box for your money, house, and other assets. You put your belongings into a Trust while you’re alive. Then you decide:

• Who will manage these things (called a Trustee)

• Who will receive them after you’re gone (your Beneficiaries)

The big benefit? With a Trust, your family avoids probate court—a long and sometimes expensive legal process. Instead, your assets go directly to your loved ones the way you planned.

Why Do You Need Both?

Having only a Will may not be enough. A Will still goes through probate. A Trust avoids it.
Having only a Trust doesn’t handle your medical choices. That’s why a Living Will is also important.

Together, a Living Will + Trust means:
✔ Your health choices are respected
✔ Your assets go smoothly to your family
✔ Less stress, less cost, less fighting among relatives

Common Myths (and the Truth)

❌ “I’m too young for this.”
✅ Accidents and illnesses can happen at any age. Planning early is smart.

❌ “It’s only for rich people.”
✅ Even if you only own a home, car, or small savings, a Trust can protect it.

❌ “It’s too complicated.”
✅ With the right guidance, it can be very simple.

FAQs About Living Will & Trust

1. What is a Living Will?
It’s a document that explains your medical wishes if you cannot speak for yourself.

2. What is a Trust?
A Trust is a legal tool where you place your assets (like house, bank accounts, or investments) so they can be managed and passed on to loved ones without going to probate court.

3. Do I need both a Living Will and a Trust?
Yes. A Living Will covers medical decisions, while a Trust handles financial and property matters.

4. How is a Living Will different from a Last Will?
A Living Will is for health care decisions while you’re alive. A Last Will is for passing assets after death.

5. Do I lose control of my money and property once it’s in a Trust?
No. With a revocable living trust, you stay in control and can make changes anytime.

6. Who should I choose as my Trustee?
Pick someone responsible and trustworthy—often a spouse, adult child, or a professional.

7. Can I change my Living Will or Trust later?
Yes. You can update them as your life changes (marriage, children, new property, divorce, etc.).

8. What happens if I don’t have a Trust?
Your estate may go to probate court, which can be costly, take months or years, and cause stress for your family.

9. Is a Living Will legally binding?
Yes, it is recognized by law and ensures your medical wishes are followed.

10. At what age should I make a Living Will and Trust?
As soon as you are an adult with assets, children, or health concerns. It’s never too early.

11. Can a Living Will cover organ donation?
Yes, you can include your wishes for organ donation.

12. Do I still need a Will if I have a Trust?
Yes, usually a “pour-over will” is used to catch anything not already in your Trust.

13. What if my family disagrees with my Living Will?
Doctors are legally required to follow your Living Will, not family disagreements.

14. Can a Trust help reduce estate taxes?
In some cases, yes. Certain Trusts can be set up for tax benefits, especially for larger estates.

15. Is a Trust only for the wealthy?
No. Even middle-class families use Trusts to protect a home, savings, or life insurance.

16. How much does it cost to create a Living Will and Trust?
It depends on your situation. But the cost is usually far less than the money and time your family would spend in probate court without a Trust.

17. Do I need a lawyer to set up a Living Will or Trust?
While online forms exist, a lawyer ensures your documents are legally valid and meet your state’s rules.

18. Can my Trustee and Health Care Agent be the same person?
Yes, but sometimes it’s better to split duties so no one person is overwhelmed.

19. What happens if I move to another state?
You may need to update your documents, since laws can differ by state.

20. How often should I review my Living Will and Trust?
At least every 3–5 years, or whenever there’s a major life change.

How We Can Help

We guide families step-by-step in creating their Living Will and Trust in plain English—no confusing legal talk. Our goal is to protect your family’s future and give you peace of mind.

📞 Contact us at 740-303-2525 today to schedule a free consultation.

Let’s make sure your wishes are honored and your loved ones are protected.