March 13th, 2009 at 12:52pm
Under Living-Will
A Living Will, also known as a Healthcare Directive or Advanced Health Care Directive, is a legal document used to specify the healthcare or life support you would like to receive under certain conditions. If you are admitted to the hospital you will probably be asked if you have a living will. It is different from a Last Will and Testament, and does not take the place of one.
Because humans fear death, we try to prevent our own demise even when it is inevitableeven when it is in the souls best interest to leave this earth plane. With life saving equipment and mechanical life support, it is possible to thwart the natural process of death and suspend life. Few people realize that this process may actually tether a spirit to the body and keep the loved ones soul from moving on to the next adventure in the Afterlife.
I completed my book about death and dying, and was going to print about the time the media began pumping out news regarding the passing of Pope John Paul II and Terri Schiavos suffering. The Pope requested to not be placed on life support, while Terris family refused to allow her to be taken off. Both their stories touched a place in my heart because Ive experienced similar circumstances first-hand.
My grandfather refused life support or measures to resuscitate when he was dying of emphysema. While he struggled to breathe, we knew there was nothing his doctor could do to give him back his health. He felt his spirit was ready to depart, so my family honored his wishes and stood by him as he drew his last breath.
Like Terri, my uncles soul was a hospital hostagehis torture lasting for one year. While his body was on life support, his spirit came to me, asking for my assistance to help our family understand that he wanted to leave the earth plane. The healthcare directive he had in place allowed his wife and doctor to make medical decisions regarding resuscitation and life support, so there was legally nothing I could do. Besides, how could I tell my aunt that I had talked to my uncles spirit and that he wanted to leave? How could I tell her that he had changed his mind about his code status and wanted to be taken off life support? His final days were spent in coma and his spirit again came to methis time to ask me to sing and play a particular song for his funeral. I agreed and wished him well in the Afterlife. Fortunately, on the fifth day of his coma, my aunt finally allowed him to be unplugged from life support. I was not surprised when I got the call and was told that my aunt wanted me to provide music for the ceremony. I did not know my uncle well enough to know his tastes in music, so I was surprised when the song my aunt asked me to use was the same one my uncle had given me in my meditation. I dont blame my aunt for her decision; she was simply exercising her legal right provided by my uncles living will. She was not ready to let him go. Im not sure if she could have pulled the plug before the fifth day or not, but this decision is something she should not have been burdened with. No one else wants to decide the fate of another human being, especially someone they love! My uncles preference not to be on life support for more than X number of days could have been clearly stated in his living will.
While life support is a wonderful tool for helping someone remain alive while the body heals enough to return to a meaningful life, the practice of keeping people artificially alive is overused and many doctors are afraid to tell the patients family that there is nothing more that medical science can do for their loved one. Many doctors are simply not trained to assist families with the emotional and legal issues about the dying process. Therefore, I encourage you to make a living will NOW and ask someone to facilitate who is able to carry out your desires even under emotional pressure. This will help you avoid being put through the misery (yes, it is painful to be on a ventilator!) of being on life support if your wishes are otherwise. It will also remove the burden of choice from family members who are grieving and possibly emotionally unable to make decisions.
Its time to take responsibility for your end of life choices. On my website, there is a FREE pdf of a Healthcare Directive (living will) that may be printed, signed, witnessed, and used to legally establish your desires regarding life-sustaining procedures and end of life decisions.
Yvonne Perry is a metaphysical freelance writer, author and keynote speaker with a gift for assisting people who are afraid of dying or are grieving the death of a loved one. Get a complimentary copy of Yvonnes E-book More Than Meets the Eye: True Stories about Death, Dying, and Afterlife, and download pdf of a legal healthcare directive at http://www.yvonneperry.net/books.htm
Author: Yvonne Perry
Keywords: living will, advanced healthcare directive, euthanasia, life support, coma, end of life choices
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March 13th, 2009 at 12:52pm
Under Living-Will
In the modem world, being incapacitated or severely impaired due to an accident or life threatening illness is a distinct possibility. As technology advances the number of diseases and potential dangers to human health also increase. The increase of these dangers is related to pollution, radiation, and drug and alcohol abuse. But whatever the cause of these dangers may be, many people nowadays are creating a in preparation for any unfortunate debilitating accident or disease.
My opinion about having a is based on mainly on my experience. Although I work in the field I am not a lawyer. You should take care not to mistake anything I say as advice. With that out of the way, I can express freely that a not do all that you may think it can.
If you want to make sure that your wishes about medical care be carried out, putting a health care power of attorney in place be a more sensible choice. A health care power of attorney can be more specific when it comes to your preferences in that event that you are incapacitated.
If you are unfortunate enough to become incapacitated or seriously ill, you may need someone you trust to make important decisions for you. However, a does not designate anyone the power to make decisions for you. It is also important for those you want to make decisions for you to be aware of your vital medical information if they are to make the correct decisions for you. You see, a does not guarantee anyone access to a patients medical information.
A law commonly known as HIPAA prevents anyone from knowing any patients medical information with any consent from the patient. It would be wise to give someone you trust the power of attorney so that person can gain access to your medical condition to enable them to make informed decisions in your behalf. A may not be able to cover all the possibilities involved in a debilitating illness or accident like if thee is a possibility for the patient to recover, making life or death decisions difficult to make.
Asking your lawyer for advice before creating a for yourself or your loved one can assure you of a better preparation for the possibility of being incapacitated. A lawyer can also lucidly discuss the effectiveness of a against a health care power of attorney. It may cost you more money but its worth it if it ensures that you and your family of having more freedom and protection in the event that you become incapacitated or seriously ill.
Morgan Hamilton offers expert advice and great tips regarding all aspects concerning Living Will. Visit our site for more helpful information about Living Will and other similar topics.
Author: Morgan Hamilton
Keywords: Living Will
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March 13th, 2009 at 12:52pm
Under Living-Will
Modern advancements in medicine have made it possible for us to live longer than ever before. While these advancements have substantially extended our lives, such an extension may not be desirable because it may lower our quality of life and result in a loss of our dignity. Since all competent adults have the right to make their own medical decisions, you may want to tell your doctor now not to take heroic or extraordinary means to prolong your life in the future if you become ill and there is no hope for your eventual recovery. You can do this by preparing a living will.
What is a living will?
A living will is a legal document in which you direct your doctor to withhold or withdraw life-sustaining treatment, whose only purpose is to prolong your dying process, if you are in a terminal condition or a state of permanent unconsciousness.
Who can prepare a living will?
You can prepare a living will if you are of sound mind and are at least 18 years of age, or have graduated from high school, or are married. You must sign your living will in the presence of two witnesses who are both at least 18 years of age.
What medical treatment can I refuse in my living will?
You can refuse all medical treatment including but not limited to cardiac resuscitation, artificial feeding, blood, kidney dialysis, antibiotics, surgery, diagnostic tests, and mechanical respiration. You can, however, direct your doctor to administer only treatment that will keep you comfortable and alleviate your pain.
Also in your living will, you can designate another individual, known as your surrogate, to make medical decisions for you if you are unable to do so yourself.
When does my living will become operative?
Your living will becomes operative when you or another individual provides a copy of it to your doctor, and your doctor determines you to be incompetent and in a terminal condition or state of permanent unconsciousness. At that time, your doctor has to act in accordance with the instructions outlined in your living will. If your doctor cannot in good conscience follow the instructions in your living will, your doctor must inform you or your surrogate of this fact. At that time, your doctor is required to assist you in finding another doctor who will comply with the instructions in your living will.
Can I revoke my living will?
Yes. You may revoke your living will at any time and in any way without regard to your mental or physical condition. Revocation is effective at the time it is communicated to your doctor by you or by a witness to the revocation.
If I do not have a living will, will my doctor continue to order treatment to prolong my dying process?
Not necessarily. Your failure to prepare a living will will not raise any presumption as to your intent to consent to or refuse life-sustaining medical treatment. In fact, in one Pennsylvania case, the court permitted a close relative with the consent of two physicians to remove life-sustaining treatment from the patient who had no living will and was in a persistent vegetative state.
Can my doctor refuse to treat me if I do not have a living will?
No. Your doctor cannot require you to have a living will as a condition to provide treatment to you. Also, your doctor cannot charge you a different fee for providing treatment to you if you do not have a living will.
If I have a living will and am involved in a serious accident, will emergency medical personnel refuse to treat me?
No. Emergency medical personnel will provide any and all treatment necessary to save your life. Your living will does not apply until it becomes operative, i.e., your doctor determines you to be incompetent and in a terminal condition or in a state of permanent unconsciousness.
In summary, a living will lets you decide now what medical treatment you want in the future if you become incompetent and are in a terminal condition or a state of permanent unconsciousness. It helps to eliminate uncertainty regarding your desire for specific medical treatment, and provides guidance to your doctors and family members. Failure to prepare a living will may cause increased stress on your loved ones who are left to decide the proper medical treatment for you.
For more information, contact the Law Offices of E. Garrett Gummer, III at 215-396-1001.
E. Garrett Gummer, III concentrates his practice in the areas of Elder Law and Wills and Estates. He received his JD from Widener University and his LLM from Temple University. Mr. Gummer has been certified as an Elder Law Attorney by the National Elder Law Foundation and is a member of the National Association of Elder Law Attorneys (NAELA). He is a member of the Pennsylvania and Philadelphia Bar Association Elder Law Committees, and has served as a Captain in the US Naval Reserve. For more information, contact the Law Offices of E. Garrett Gummer, III at 215-969-5004 or visit us at http://www.paelderlaw.info/.
Author: E. Garrett Gummer, III
Keywords: living will,power of attorney,dying process,pennsylvania
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March 13th, 2009 at 12:52pm
Under Living-Will
You have worked all your life to provide for your family, and to put that little nest egg away for retirement. Unfortunately, while we do not like to think about dying, death is inevitable. Therefore, a question frequently asked is, What can I do now to ensure my family is taken care of when I die? The answer is prepare your will.
What is a will?
A will is a written legal document which permits you to control the disposition of your assets after death. If you own a home, automobile, possessions with financial or sentimental value, or if you keep a bank account, you have an estate that will be left behind upon your death. A will lets you decide who will receive your assets upon your death.
What happens if I die without a will?
If you die without a will, the court will distribute your assets according to Pennsylvania law, which may be contrary to your wishes. For example, if you are single and die leaving three children, the Commonwealth of Pennsylvania dictates that your assets shall pass to your children equally. However, you may not want your assets to pass equally to your children, but instead may want one child to receive more assets than the other two children, since he or she has fallen on hard times. Without a will, you cannot ensure that the child who needs your help gets most of your assets upon your death.
Can I appoint my executor in my will?
Yes. You can appoint your executor in your will. The executor is the person who is responsible for administering your estate after your dearth, and ensures that your assets are distributed according to your will. If you do not have a will, the court will appoint one of your heirs to administer your estate. The appointed administrator may not be the person you would have chosen.
Can a will help my estate pay less taxes?
Yes. Your estate may pay less in death taxes with a properly prepared will. This is especially true if your estate is subject to federal estate taxes. Currently, estates with a value in excess of one million dollars are subject to this tax.
How can a will help my spouse and I protect our minor children if we die in a common disaster?
A will permits you and your spouse to choose the person or persons who serves as your childrens guardians. Also, a will permits you and your spouse to establish a trust and appoint the trustee for your children. Without a will, the court appoints the guardian and trustee for your children.
Does my will control the disposition of my joint bank account upon my death?
No. If at the time of your death you own an asset which is titled jointly with another individual, upon your death, title to that asset will pass solely to the surviving joint owner by operation of law. For example, if you and your spouse own a joint bank account at the time of your death, title to that account passes solely to your surviving spouse. In this situation, the provisions of your will are not controlling. Therefore, when preparing your will, it is important to know exactly how your assets are titled.
Will my will control the disposition of my life insurance upon my death?
In most cases, the owner of life insurance designates a beneficiary to receive the proceeds upon their death. In this situation, the proceeds pass directly to the designated beneficiary, and the provisions of the decedents will do not control. If, however, the decedent designates his or her estate as beneficiary, then the proceeds from the life insurance are subject to the provisions of the decedents will.
Can I prepare a will myself?
While you may have heard from friends and neighbors that you can prepare a will yourself or you may have read one of the do-it-yourself books on the subject, preparing your will without the assistance of a qualified attorney can be risky. Each state has different statutory requirements that a will must meet to be valid. The last thing you want is for your appointed executor to become involved in a lawsuit after your death concerning the validity of your will. At a minimum, this will quickly eat up the assets in your estate, and may result in your will being declared invalid by the court.
While death is inevitable, the transfer of your assets upon your death to your heirs does not have to be a nightmare. A will permits this process to proceed smoothly without adding stress on your loved ones when they are dealing with your loss.
For more information, contact the Law Offices of E. Garrett Gummer, III at 215-396-1001.
E. Garrett Gummer, III concentrates his practice in the areas of Elder Law and Wills and Estates. He received his JD from Widener University and his LLM from Temple University. Mr. Gummer has been certified as an Elder Law Attorney by the National Elder Law Foundation and is a member of the National Association of Elder Law Attorneys (NAELA). He is a member of the Pennsylvania and Philadelphia Bar Association Elder Law Committees, and has served as a Captain in the US Naval Reserve. For more information, contact the Law Offices of E. Garrett Gummer, III at 215-969-5004 or visit us at www.paelderlaw.info
Author: E. Garrett Gummer, III
Keywords: will,estate tax,power of attorney,executor,pennsylvania,life insurance
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March 13th, 2009 at 12:52pm
Under Living-Will
As an elder law attorney, one of the questions I am most frequently asked is, Should I transfer my home to my child? My answer is always the same, It depends on the goal you are trying to accomplish. This article will discuss some of the issues you need to consider before deciding whether to transfer your home to a child.
When you transfer your home to a child for nominal consideration such as One ($1.00) Dollar, you are essentially gifting the property to him or her. At the moment you sign the deed, you no longer own your home. Your child is now the titled owner. If you continue to live in the property and you have a falling out with your child, he or she can take legal action to have you removed from the property and then sell it. Also, what happens if your child experiences financial troubles and creditors obtain a court judgment against him or her? The judgment can act as a lien on the property, and the creditors can force a sale of the property to satisfy the judgment. If you are still living in the property at the time, you will be forced to find another place to live.
Transferring your home to a child can cause him or her to have to pay capital gains taxes when the property is sold. When you transfer your property to your child, her or she takes your tax basis in the property. The tax basis is usually the purchase price of the property, plus the costs of any improvements you made to the property during the time you owned it. When your child sells the property, he or she will have to pay capital gains taxes on the difference between the selling price and the property’s tax basis. Currently, the long-term capital gains tax rate is 10% to 15%, depending on your tax bracket.
An exception to the above-cited rule applies if your child owns and lives in the property for two (2) of the last five (5) years before he or she sells it. In that case, the property will be considered the child’s primary residence and there will be no capital gains taxes due so long as your child’s gain on the sale of the property is not more than $250,000. This amount is increased to $500,000 for a married couple.
If you do not transfer your home to your child during your lifetime, but instead, he or she inherits it at your death, then your child will receive a step-up in the property’s tax basis. The step-up in tax basis is the fair market value (FMV) of the property on the date of your death. If your child then sells the property, he or she will only have to pay capital gains taxes if the property sells for more than its FMV. Your child will, however, have to pay Pennsylvania inheritance taxes at the rate of 4.5% of your net estate. This rate is significantly lower than the 10% - 15% capital gains tax rate.
If nursing home admission becomes a reality for you, you may consider transferring your home to your child to keep from losing it to pay nursing home costs. As a nursing home resident, you can apply for Medicaid benefits when your financial resources have been spent down. For a single person, this amount is usually $2,400.00.
When you apply for Medicaid, the Commonwealth of Pennsylvania will look back three (3) years to determine if you have transferred any resources without fair consideration. If you have, you will be ineligible for Medicaid for a period of one (1) month for every $5,787.38 transferred, from the date of the transfer. As an example, if the FMV of your home is $100,000 and you transfer your home to your child in December 2004, you will be ineligible for Medicaid for seventeen (17) months, or until May 2006. Therefore, you will need additional financial resources to pay the nursing home costs during the seventeen (17) months in which you are ineligible for Medicaid.
In the above situation, if you transfer your home to your child and then die in the nursing home after becoming eligible for Medicaid benefits, the Commonwealth of Pennsylvania will not be able to use the property to collect its claim for the amount of Medicaid benefits they paid to the nursing home. However, if you do not transfer your home to your child and then die in the nursing home, the Commonwealth will be able to use the property to satisfy its claim before your heirs receive anything.
When deciding whether to transfer your home to a child, you need to ask yourself, What goal am I trying to accomplish? Such a transfer may be a good or bad idea depending on your answer to that question. This article has examined some of the issues you need to consider before making your decision. It is not an all-inclusive examination. Depending on your specific situation, the issues examined in this article may need to be amplified, or other issues may need to be considered. As such, you should consult your legal advisor before making any decision to transfer your home to your child.
E. Garrett Gummer, III concentrates his practice in the areas of Elder Law and Wills and Estates. He received his JD from Widener University and his LLM from Temple University. Mr. Gummer has been certified as an Elder Law Attorney by the National Elder Law Foundation and is a member of the National Association of Elder Law Attorneys (NAELA). He is a member of the Pennsylvania and Philadelphia Bar Association Elder Law Committees, and has served as a Captain in the US Naval Reserve. For more information, contact the Law Offices of E. Garrett Gummer, III at 215-969-5004 or visit us at www.paelderlaw.info
Author: E. Garrett Gummer, III
Keywords: gift,transfer home,capital gains,medicaid,inheritance,pennsylvania,will
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March 13th, 2009 at 12:52pm
Under Living-Will
Question: I am not sure if this is the place, or if this question can be asked / answered here.
My parents have property / real estate currently held in a trust whereby they are both the Grantor and the Trustee. I am the Successor Trustee.
Is it possible to transfer ‘ownership’ of this property from that trust to me prior to their death?
I am aware there are several methods to do this. However, what we would like to do is simply transfer ownership (not sell), whereby I become the legal owner of this property.
Would the trust simply have to be changed whereby I am now the Trustee, hence, the owner?
Also, what might the tax considerations be when the property is transferred from one person to another without the property being bought / sold? Regards, W.F.
Answer: Dear W.F. - Yes, the property can be transferred from your parent’s trust directly to you via a quit-claim deed. However, there are two things that you have to be concerned with: (1) will the property be marketable if you decide to sell it at a later date, and (2) what will the tax consequences be as a result of this transfer?
Let’s look at the marketability issue first. By marketability I mean, will you be able to prove to a prospective buyer that you have good title to the property? A deed that comes from a living trust may not be acceptable unless the prospective buyer can also look at the trust instrument to see that the transfer of the property is authorized. Your mother and father could amend the trust instrument to authorize the transfer but, remember, as trustees they are acting in a fiduciary capacity. That means they aren’t acting on their own behalf, they’re acting on behalf of all the trust beneficiaries. If there are other beneficiaries of the trust, they would have a legitimate complaint if the property was given to you as a gift. To be safe, you’d probably want all the other beneficiaries to sign-off on the transfer. If I was to purchase this property from you ten years from now, I would want to know that the other beneficiaries didn’t have a claim to the property.
Whether the deed to the property is a quit-claim deed or a warranty deed, a prospective buyer wants to know that he’s buying good title to the property. In order to have that assurance, he’d want to see the trust instrument recorded along with the deed to the property, and he’d want a signed and notarized consent from all the other beneficiaries of the trust recorded on the land records as well. That’s not something that most trust owners want to do.
You see, when you’re taking title to real property, you want to be sure you can sell it later on for it’s full value. Being able to show a good title to the property is vital to its marketability. When you take property from a trust, it gets a lot harder to prove good title.
There’s a couple of other issues that you should be aware of when you take real property from a trust. If your parents have a title insurance policy on the property, you should check with the title insurance company to see if the policy will be canceled as a result of the transfer. It’s likely that it would be canceled because you would not be a successor in interest under the policy. In that case, you would have to purchase another title insurance policy and pay the additional premium, or simply go without and incur the risk of having a defect in the title.
If your parents have an existing mortgage on the property that is being transferred to you, then you need to check with the lender before the transfer to see whether there is an existing due-on-sale clause. If there is, then the lender may try to call the loan when the transfer is made. The lender may be prevented from calling the loan, however, under the Garn-St. Germain Depository Institutions Act of 1982. Under 341(d)(6) of that Act, an exemption may apply in the case of a real property loan that is secured by a mortgage on residential real property where the spouse or children of the borrower become an owner of the property. You’d have to check to see if that exception applies in your case.
Now, let’s look at the tax consequences of transferring the property directly from the trust. Since this is a gift, there will be no realization of capital gains or ordinary income on the transfer. You will, however, inherit your parent’s tax basis in the property. This is the same result that would be obtained if the property was transferred directly from your parents.
From a gift tax perspective, however, there is a distinct disadvantage to transferring the property from the trust; that is, the annual gift tax exclusion (currently $12,000) would not apply because gifts from a trust do not qualify for the annual gift tax exclusion. If your parents have an estate large enough to be concerned with estate taxes, then they probably won’t want to give up that annual exclusion because it would require that they use up that much more of their unified credit against estate and gift taxes.
You should be aware of state gift tax laws as well. Certain states, for example, only provide for a gift tax exclusion equal to the federal annual gift tax exclusion. If the federal annual gift tax exclusion is not available, then an actual gift tax will have to be paid in the year of the transfer. This alone will often kill the deal once it becomes known to the transferor.
As you might have gleaned from the above, there are some real disadvantages to gifting real property from a living trust. However, those disadvantages can be avoided entirely by simply transferring the real property back to the grantor (your mother and father in this case), then having them transfer the property directly to you.
By so doing, you avoid problems with a due-on-sale clause if there is a mortgage on the property. You avoid a termination of any title insurance policy on the property. You insure a prospective buyer that you have good title to the property without having to record the trust instrument and without having to obtain the blessings of the other trust beneficiaries. And, finally, your parents can claim the annual gift tax exclusion, which may save considerable estate taxes somewhere down the road.
In the final analysis, it may cost a few extra dollars to transfer the property back to your parents and then to you, but it will be well worth it.
Attorney Michael Pancheri is a practicing attorney and the founder and CEO of the Living Trust Network. You may contact him by email at info@livingtrustnetwork.com. You may also contact him at the Living Trust Network’s web site. Its URL is http://www.livingtrustnetwork.com.
Copyright 2006. The Living Trust Network, LLC.
Author: Michael Pancheri
Keywords: living trust, real estate, gifting, gift tax, annual gift tax exclusion
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March 13th, 2009 at 12:52pm
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What is a Will?
A will is a legal document that can protect your assets and help minimize any disagreement or dispute over the distribution of your estate when you die. A will is created and used to control the distribution of property upon your death, to provide guidance or suggestion to the courts as to who should act as the guardian of your minor children after death, and to name the person who will manage your estate after you die. A will provides instruction for the distribution of your assets through the probate courts.
Why do I need a Will?
After you die, your assets are distributed to your heirs and beneficiaries (those named in the will) through an order of the probate court. The executor of your will (the person you name in your will) will gather up the assets and provide an inventory or list of the same to the probate court. The executor will then oversee the testator’s assets and to carry out the specific requests of the testator after he dies. The executor collects and manages the assets of the deceased, collects any debts that are owed to the testator at the time of his death, pays debts owed by testator (unless the will directs otherwise), sells estate property necessary to pay estate taxes or expenses, and files all necessary court and tax documents for the estate.
What happens if I do not have a Will?
When a person dies without a will (commonly referred to as dying intestate), the probate court appoints a person to receive all of the claims made against the estate. The appointed person also pays creditors and then distributes all remaining property in accordance with the laws of the state. The major difference between dying with a will and without a will is that intestate estate distribution is done in accordance with pre-set state laws (i.e. the state decides who gets what and in what proportions) whereas a person with a will can distribute his or her property in accordance with the instructions provided by the will.
What makes a valid Will? To make a valid will:
- the person making the will (known as the testator) must be at least 18 years of age and be of sound mind - this means that the person must be able to understand the full meaning of the document.
- it must be written (except for a few uncommon circumstances).
- the testator must (in the vast majority of cases) sign the document in the presence of two witnesses, and the signature must be witnessed and notarized.
Is a Will like a Trust?
Not really. A Trust is a legal document that details how property is owned, held or transferred before the death of the person making the Trust. Since the Trust is the legal owner of the transferred property and the Trust survives the death of the testator, this transferred property does not have to go through probate once the person making the Trust dies (i.e. it’s no longer the property of the person making the Trust).
Can I change my Will?
Yes, at any time while you are still alive. A will can be changed through a separate document to amend a will, called a Codicil. Codicils are intended to deal with relatively minor changes to a will, not wholesale revisions. Since a Codicil must be signed and witnessed in the same way as a will, it is often preferable to have an entirely new will prepared than it is to prepare a Codicil to an existing will. To revoke a will, all that needs to be done is to execute a new will that states that all prior wills are revoked. Also, a will can be revoked without making a new one by simply by destroying it - tearing it up, burning it, defacing the will, etc. To do so, however, would leave no will in place.
Is a Will public record?
Yes and no. While the testator is alive the will is not part of any public record. When the testator dies, the will must be filed with the probate court - and it becomes a public record. However, very few people will view the will after it is filed with the probate court.
Learn more about creating Last Will and Testament documents at Standard Legal
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Author: Christopher Freeman
Keywords: Last Will and Testament, Will, Last Will, Last Will and Testament
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By admin
March 13th, 2009 at 12:52pm
Under Living-Will
A living will can save your family from taking critical decisions when youre in the terminal stage of illness. This is a legal document that allows you to decide in a pre written statement directed to the healthcare professionals the critical steps to be taken in case you can no longer speak for yourself. A living will can protect your family from the vital disputes over some extreme medical cases whether to keep you alive. Having a living will can earn you freedom over your own decisions -whether you want to live or die. Advanced directive or the phrase proxy directive is sometimes used to describe a living will and the power of attorney merged together.
Living will is somewhat the reflection of a desire to die a natural death. If you do not want the emergency life supporting system to keep you alive when there is no reasonable chance of recovery, the living will allow your doctor to remove the emergency life supporting system under certain circumstances so that no one else has to decide on your behalf whether you wanted to be kept alive artificially.
Medical advancements allow a patient to be kept alive by artificial means for an infinite period of time - sometimes as a temporary measure eventually leading towards the restoration of health. However In certain cases it can delay the natural process of dying causing turmoil between the family members who are entitled to take the decisions on the patients behalf. At any time the patient retain the right to either continue or terminate such processes under the eyes of the law. Nevertheless when the person has lost his way to communicate, a living will can allow the authority to undertake measures according to the statements left behind in their living will. Even in New York when the patient is incompetent and can no longer be consulted on how his medical treatments should proceed; these health care declarations are recognized and can be consulted for the future of the terminally ill patient.
Only 30% of Americans took the opportunity of having a living will while the rest 60% have no control of how their medical treatment should be proceeded once they are unable to decide for themselves. Sometimes stubborn family members who are not yet ready to let go off the patient prolongs the natural death by keeping him artificially alive for months without any sign of the slightest recovery. Having a living will can let your family respect your decision to what you would have wanted if you had been able to communicate.
Currently all the states of the United States have favorable provision of laws for the patient to decide about their own medical treatment before the advanced or proxy directives are being consulted. This allows the patient to set forth a living will mentioning clearly and concisely about the type and duration of the treatment they want to receive before getting incompetent of communication. The recent case of Terri Schiavo highlighted the fact that how important it is today for everyone to leave a living will.
Visit www.legalforms.name website where you can download free legal forms.
Author: Gabriel J. Adams
Keywords: article submission, articles, writers, writing, publishing, ezine, email marketing, email newsletter, email
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By admin
March 13th, 2009 at 12:52pm
Under Living-Will
Easy access and availability of information has made the creation of a very simple. If you cannot afford an attorney due to financial constraints but still desire to create a , it is entirely possible to do so. Living forms are available free of charge on the Internet. A few websites where forms can be downloaded include familiesonlinemagazine.com, kinseylaw.com, wcpo.com, -forms-online.com, webdirectives.com, Doyourown.com and LegalDocs.com.
Living forms can also be acquired from hospitals in your town or city, free of cost. Hospitals may also provide details regarding the technicalities and can be approached with inquiries about requirements or state laws. Some hospitals allow visitors to download forms from their websites without any charge. These forms include specific questions pertaining to medical directives. Each person is free to make his or her own choices.
Each state has its own laws regarding s. There may be minor differences, but the general procedures and rules remains the same. It is advisable to do a thorough study of the same, before drawing up a . Websites such as the U.S. Living Will Registry offer state-specific forms and provide elaborate details pertaining to a . If a person happens to be in one state and the was drawn up in another state, the document be honored only if its terms and conditions are in accordance with the requirements of the state where the person is presently located.
Living s are an important instrument that allows the family members to respect the wishes of those who are taking final steps in lifes journey. The persons right and choice of wanting to pass away with grace and dignity should be respected and accepted.
Living Wills provides detailed information on Living Wills, Importance Of Living Wills, Living Will Forms, Free Living Will Forms and more. Living Wills is affiliated with How to Write a Will.
Author: Marcus Peterson
Keywords: Free Online Living Will Forms
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By admin
March 13th, 2009 at 12:52pm
Under Living-Will
The concept of a was first put forward by Louis Kustner in the year 1969. Available statistics indicate that less than a quarter of the American population has a . However, an overwhelming number of people have responded to the idea of having one created. This can be attributed to the awareness, interest and even outrage generated by the Teri Schiavo incident, which managed to occupy the front pages of newspapers across the country for several weeks. A controversy was created when the court passed the final verdict, ordering her life support systems to be removed. It has been argued that what happened to Teri Schiavo was unfair and that she should have had a say in her medical treatment. This event acted as an eye opener to several people.
The significance:
The significance of a cannot be underestimated. It acts as a custodian of a patient’s self esteem while he or she is fighting a losing battle with a disease. It helps to relieve family members, who are already in an emotional turmoil, from the dilemma of making extremely difficult decisions for their near and dear ones who are suffering from an incurable disease. Differences of opinion among family and friends of a victim can lead to disputes and contribute to unpleasantness.
Living s can also prove to be a blessing in disguise for the doctors. Very often, doctors find it hard to discuss with their patients the grave nature of their health or the slim chances of recovery. A helps to facilitate a smooth dialogue between both the parties.
A can be made keeping in mind both religious and financial considerations. It sometimes serves as the only connection between a person who is oblivious to the world around him and his caretakers.
Living Wills provides detailed information on Living Wills, Importance Of Living Wills, Living Will Forms, Free Living Will Forms and more. Living Wills is affiliated with How to Write a Will.
Author: Marcus Peterson
Keywords: Importance of Living Wills
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