Legal issues can be frightening and confusing, especially when they relate to aging and death. Arizona will and trust issues often confuse Arizona residents, but it is possible to differentiate the two, and once you learn the difference, the confusion will hopefully be gone for good. And while living wills and living trusts share the similarity of your wishes being legally upheld, they are far different in other aspects.

Living Wills – Your Life, Your Decision

No one wants to be in a life-threatening situation, facing a terminal illness, or in a non-responsive state. What decisions will others make when you are incapable of making them? Although we hope to never be in that state, a Living Will is a wise provision for the unthinkable. A Living Will is a legally binding document in the state of Arizona that provides information to your health care providers, family, and love ones, regarding the choices you want made for your care. Do you want comfort care only? Do you wish for all possible measures to be taken to extend your life? A living will gives specific directions for specific situations, allowing you control of your life, even when you are incapacitated.

Thinking through such issues is never pleasant, but it is often far better to think through them in advance, when you are not under the pressure of a crisis, and put your wishes into a legal document. When no such directives have been made, caregivers and loved ones face heart-wrenching decisions under the pressure of highly emotional circumstances. Expressed wishes made in writing must be honored by healthcare givers in a time of crisis. Making a living will provides peace of mind and confidence that you will be cared for according to your desires.

Living Trusts – Passing on of Property

A living trust is another legally binding document in Arizona. While a living will protects your wishes for your life, a living trust protects your wishes for your possessions. A living trust allows you to transfer your belongings to those you wish to after your death, while usually avoiding the high costs of probate court. This ensures that your loved ones receive full benefit of your hard earned savings and other assets. A living trust (or inter vivos trust) is a trust you create while you are alive. You can be the trustee for your own trust and keep full control of all of your assets for as long as you wish. Arizona will and trust experts agree that a living trust is especially important for people with estates over $50,000, since Arizona has special provisions for smaller estates. A living trust does not eliminate the need of a will, but acts as a tool for the transfer of your most valuable assets, sparing your family the time and cost of the probate process.

Creating Arizona Will and Trust Documents

Both a living will and a living trust are legally binding documents which must be drawn up with great care. There are many tools available online to assist you, but it is often wise to enlist the help of a professional skilled in such matters. This ensures that your wishes are fulfilled when you are unable to express them, without unnecessary legal glitches. Arizona will and trust matters can be trusted in the hands of an experienced lawyer.

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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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