How is a living will different from a will?

Asked about 2 years ago - Rock Hill, SC

Is a living will what is used if I go into a coma, and a regular will what is used if I die?


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Attorney answers (3)

  1. Ian Andrew Taylor

    Contributor Level 13

    1

    Lawyer agrees

    Answered . Mr. Frederick makes a very good distinction between the documents. SC, like many states, provides a statutory form for a living will. A will is not provided by statute and must be drafted by your or an attorney after careful consideration of you, your estate and family. Here is a quick resource regarding a living will in SC:

    http://www.southcarolina-lawyer.com/web1/LegalL...

    You can also find information at the Lieutenant Governor's Office on Aging website, however remember estate planning is not just for the elderly: http://aging.sc.gov/Pages/default.aspx

    I cannot yet provide a good resource for wills, since there are so many. Do a quick search on avvo for specific questions/answers or browse the web.

    Good luck

    Ian A. Taylor
    The Taylor Law Office L.L.C.
    Pawleys Island, SC
    www.southcarolina-lawyer.com

    The Rules of Professional Conduct for my state only allow me to provide general legal information regarding your... more
  2. Evan Kyle Guthrie

    Contributor Level 15

    1

    Lawyer agrees

    Answered . A living will is an advance directive health care document that is focused on the dying process only to remove life sustaining treatment or pull the plug when two doctors have determined you are terminal and death is imminent or you are brain dead. It can be downloaded for free at

    http://aging.sc.gov/legal/Pages/LivingWillAndPo...

    A last will and testament allows for the distribution of your probate assets when you die.

    Evan Guthrie Law Firm is licensed to practice law throughout the state of South Carolina. The Evan Guthrie Law Firm practices in the areas of estate planning probate wills living trust special needs trusts personal injury accident and divorce and family law and entertainment law. For further information visit his website at http://www.ekglaw.com . Follow on Twitter http://twitter.com/#!/ekglaw Like on Facebook http://www.facebook.com/ekglaw . Avvo http://www.avvo.com/attorneys/29401-sc-evan-gut... LinkedIn http://www.linkedin.com/company/2526866 Google + https://plus.google.com/107399604138666247588/a... Evan Guthrie Law Firm 164 Market Street Suite 362 Charleston SC 29401 843-926-3813

    This answer is for informational purposes only. This answer does not constitute legal advice, create an attorney-... more
  3. James P. Frederick

    Contributor Level 20

    Answered . A living will is a document that expresses your wishes for health care treatment if you become incapacitated and are terminally ill or in a coma. A Will, (Last Will and Testament), is a document that provides for the disposition of your assets, upon your death.

    James Frederick

    *** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and... more

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