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eliza4one eliza4one is offline
 
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Living Will Question
Old 06-23-2022, 10:18 AM
  #1

Ok...I'm going to admit. I don't have a will. I'm married almost 36 years, so if I die, I'm assuming it all would go to my husband. Do I need to specifically have a will to ensure that happens?

My question involves a living will. I'm supposed to get one/have one prior to my hip replacement surgery. Is this normal? Can I get one without having to consult a lawyer? I could google it, but want to hear from real life people.

One more question: If I get a living will, is that sufficient "forever" (unless at some point I want/need to change my will). Or is it only good if something happens due to the surgery?

TIA!! I realize I'm admitting to my ignorance on this topic.

Edited to add: My husband does have a will, as being in the military, that was a requirement.


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Old 06-23-2022, 10:22 AM
  #2

I believe each state has their own living will form. You donít have to have a lawyer for it. We have ours on file at the hospital and keep a copy in the glovebox.

With joint tenancy you donít have to have a will for estate to pass from husband to wife or vice versa but we are getting ready to meet with a lawyer to see about a trust in case both of us should go at the same time. Orin case of being incapacitated.

Oh yes itís normal for them to ask you for a copy of your living will before any type of surgery.
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Living willÖ
Old 06-23-2022, 11:16 AM
  #3

When I had my first colonoscopy, they asked if I had a living will. At the time I did not, but after attending one of my retired teachers luncheons where a lawyer spoke, I did get one made by an elder lawyer along with a regular will. I believe the living will is permanent unless you opt to legally change it. Not having a living will did not affect my having the procedure. It went on as scheduled.
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Old 06-23-2022, 11:32 AM
  #4

I don't have a living will. I have a durable power of attorney for health care. It lists some of the care I would like or not like if i am unable to choose, but since it does not and can not cover every situation, it names a designee to make decisions for me in the event I am unable to.

I firmly believe every adult should have a will. It makes life much easier for the survivors. If you are married and don't have a will, in some states, there is no guarantee your spouse will.get everything. Wills, living wills, powers of attorney can be done online. But, they are also, unless your finances are complicated, usually very reasonable with a local lawyer.
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Old 06-23-2022, 11:35 AM
  #5

I’m single, mid-30s and have had a living will and a will in place for years. No, you don’t have to have one if you want any assets that are only in your name to transfer directly to you husband, however they do make life a lot easier. Things could vary state to state as well, not all states are considered joint property states.

You don’t have to have a living will prior to receiving your surgery. However, it’s smart to have one any way. Your wishes would be in writing and it’ll be known what you would want to happen if anything were to occur where you can’t make your own decisions. I have a designee listed as well as a second “back up” designee, if needed.

I do not have a POA, only a living will. This describes the difference:
https://www.kansaslegalservices.org/...power-attorney

Living wills and wills don’t expire unless you rewrite them.

I did not do either of mine through a lawyer. They were completed online and signed with a notary.

If you don’t have joint bank accounts you should have a transfer on death completed through your bank as well so it would go directly to who you have named.


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Old 06-23-2022, 02:38 PM
  #6

The living will I have was completed with the social worker from the hospital. It was a free service from the hospital.

State laws on wills vary. For instance, when my uncle passed away at age 33, his wife was shocked that she didnít inherit everything. Because he didnít have a will, his estate was split half to spouse and half to next of kin, which in their case was my grandparents. Fortunately they just signed over their share to her, but if they hadnít, she would have had to buy them out.
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Old 06-23-2022, 03:59 PM
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My DH & I used LegalZoom for an estate plan. We have a Last Will & Testament, Living Will, and POA. We needed 2 witnesses and have a notary sign it with us. It was easy peasy.
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Old 06-23-2022, 04:10 PM
  #8

Do you have any children? Or are there other relatives, friends, or charities that you would want to give something to? Just something to think about.

And what do you want to happen if your husband predeceases you?

You don't need an attorney to set up a living will. However, it would be wise not to just to a living will but also set up other helpful documents. A durable power of attorney will allow someone else to make business and financial decisions. You can set it up to take effect only in the event that you are incapacitated. Or it can be for a limited period of time or for limited powers.

If you have a will, it is much simpler for whoever has to handle your estate. Without a will, your husband would have to go to court to be appointed executor of the estate. I'm guessing that the whole procedure of handling an estate with no will (or trust) could be more expensive than the cost of a will.
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Old 06-23-2022, 05:50 PM
  #9

Wow! Thank you all for your advice and suggestions. I greatly appreciate it!

Reason #3,486 I LOVE PT!
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Living will
Old 06-23-2022, 07:00 PM
  #10

Are you talking about a will or a trust?

A living trust protects your house and financial assets.

A will disperses your things.

A power of attorney gives someone else the power over your legal and financial matters.

Or are you talking about an advance directive that makes your health choices a legality.

You need an attorney.



Last edited by Keltikmom; 06-23-2022 at 08:37 PM..
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Old 06-24-2022, 03:38 AM
  #11

Quote:
I have a durable power of attorney for health care. It lists some of the care I would like or not like if i am unable to choose, but since it does not and can not cover every situation, it names a designee to make decisions for me in the event I am unable to.
This is what I have. I didn't worry much about an advance directive when my daughter was alive. There really wasn't anybody could have contested her decision-making. When she was a child, I did have a will designating who should raise her and manage her inheritance if I died. I didn't worry about updating it when she grew up.

When she walked on, though, I didn't waste any time making a will, setting up a trust for DGS and naming my cousin (who is like a sister) as executor, giving her durable power of attorney and naming her to manage DGS's trust until he is of age. Because she is only a few years younger than I am, I also named a different cousin's daughter (my god-daughter) as next in line for those duties, and she is also the person who would have custody of DGS in the event that both his dad and I would pass away. This is specified in SIL's will, too. He can be a nitwit, but he agreed without hesitation that he did not want his parents or his brother raising his son.
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