Among the most important legal documents you will ever create is a will. This is the directive that tells your loved ones the way that you want your assets to be handled following your death. This might consists of everything from financial accounts right down to your favorite figurines on your living room shelf. Many individuals get a traditional will confused with a living will. These two documents are very different and whether you are creating a will in New York City or are in need of creating a Scottsdale living will, you need to know the difference between the two.

Traditional Will

A traditional will stipulates exactly what you want in the event of your death. This may include burial wishes, how you want your financial assets to be distributed and what should become of your physical assets. This generally includes the content of your home as well as personal affects you may have elsewhere. A traditional will also appoints an executor, which is a person you trust implicitly to oversee this distribution process. Once you’ve created a document with which you are happy, you would then have it notarized and filed in your county of residence; so, for example, if you are living in Scottsdale, Arizona and create a Scottsdale will, you would file it with Maricopa County. It would then become a matter of public records that anyone could access at any time.

Living Will

A living will is a document that stipulates your wishes should you experience a medical emergency. This person is authorized to make all medical decisions for you should you be too sick, impaired or otherwise unable to make them for yourself. Hospitals and other health facilities often provide this document for you to fill out and sign upon entry into the hospital for any reason. The hospital then files this document as part of your medical records, so they have something to which to refer should you fall ill again in the future.  So, if you live in Scottsdale, AZ and need to enter the Scottsdale Healthcare Osborne Medical Center, you would fill out a Scottsdale living will upon being admitted to the hospital.

While they are different, both are equally important documents to have. While you hope that you won’t a medical crisis or you hope you have more time before a will would need to be executed, you never know. It’s always best to be prepared in the event of an emergency, so your family and friends won’t be stuck trying to figure out what to do in their time of grief.

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If you are not sure as to what legal document you currently have contact one of our professionals to help you with your estate planning. They will make sure you have all of your grounds covered and have the right legal documents that best suite your wants and needs.

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