What is the Difference between a Living Will and a Last will and Testament? In this video attorney Curt Runger details the difference between a living will and a last will and testament for the will preparation process. View the video below or see the transcript to hear Curt’s answer to these oftentimes confusing, similar topics.
Transcript: Hi my name is Curt Runger I’m the Managing member of Douglass and Runger, PLLC which is a Memphis law firm and I help give my clients peace of mind and plan for the future. By helping them with estate planning documents. So, one thing that people get confused on all the time is. They’ll call up and say well I need a last will and testament or I need a living well they don’t understand the difference between a last will and testament and a living well sometimes they’ll refer to a living will is as what they actually mean is the last one testament so I want us to just shoot this quick video and kind of explain the difference here. So, a last will and testament is, is your will, basically, that is a legal document that that we prepare for you that sets forth how your property is going to be disposed of upon your death. It’s going to set forth who you want to be in charge of basically wrapping up all your affairs, when you pass away and that’s called an executor so last will and testament basically legal document that we prepare that sets forth who’s going to get your property when you pass away I want Bobby Ray to get my baseball card collection. You know that would be a provision in a last will and testament. Now, a living will is totally different. So a living will is a legal document that an individual can execute that sets forth, what their preferences are with respect to basically receiving artificial nourishment and being on life support in the event that their doctor who’s treating them is of the opinion that they’re in a permanent vegetative state and they’re not going to come out of it so I hate to be crass but I mean, more or less the living will is the document that sets forth, you know, do you want your loved ones to basically pull the plug in the event that your doctor, your treating physician says that you’re in a permanent vegetative state and that there is zero chance, basically, of recovery now there’s no right or wrong answer to the question. You know it’s a totally personal preference. Some people like me would say, Yeah, do not want to stay on, you know, life supple hurt you know it’s my doctor says that I’m not going to come out of it. That’s my prerogative you know my wife, on the other hand, is the type of person who is going to say you keep me on life support for as long as you can because miracles happen every single day so that’s what a living will is. If you would like to get more information about any type of estate planning documents or the probate process in general, please give me a call at 901-388-5805. Once again, my name is Curt Runger, give me a call at 901-388-5805. Thank you. If you have any further questions do not hesitate to call Curt or his team at Douglass & Runger, PLLC at (901) 388-5805 relating to other questions you may have about the will preparation process.