How is a living will different from a will?

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

Rock Hill, SC -

Attorney Answers (3)

Ian Andrew Taylor

Ian Andrew Taylor

Estate Planning Attorney - Pawleys Island, SC
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
Evan Kyle Guthrie

Evan Kyle Guthrie

Estate Planning Attorney - Charleston, SC
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
James P. Frederick

James P. Frederick

Estate Planning Attorney - Livonia, MI
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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