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Question: I just came back from my attorney with my estate planning documents.  One of my documents is a “living will,” but I have no idea where to put it.  How about putting it where it will be safe, like in my bank’s safe deposit box?

Answer: Remember that a living will is only useful if it is found!  You should store your living will (also called an “advance healthcare directive”) where it will be found when it is truly needed.

The truth is that when we die, we leave a lot of things (and people) behind, and it is always good to prepare for this incident. Think of it as securing your children’s futures or even just the things and properties which you will be leaving. After all, you want them to go to the proper hands, and not just end up with someone you probably didn’t even know.

Another form similar to a living will form is a power of attorney for health care form. A power of attorney for health care form appoints some one you trust of your choosing to direct your health care decisions.

Today, even the common man appreciates the value of creating a will. Not only will this settle things for your grieving family and friends but you will also be assured that the things you worked hard for will be in good hands when you leave.

You are also entitled to fill out a do not resuscitate order if you so choose to do so, this order will not allow your caregivers to put you on life support. Often times depending on the hospital and jurisdiction they will withhold do not resuscitate orders until their confirmed or simply not even recognize their legal power. Most hospitals will not perform intubations or resuscitation only when faced with these orders but they will treat infections, pump food and fluids directly into your blood stream, use pain management, and adequate comfort care are often times continued.

These types of forms are valid as soon as they are notarized or witnessed, copies should be given to your doctor, family, and any one else you feel may need a copy.

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Even though two things may sound similar, they may mean something very different. Such is true in the case of wills and living wills. The use of a simple analogy might help you to understand more fully. Both apples and oranges are classified as fruits. Despite this, they have quite different flavors and textures. Although both of these fruits are grown on trees, they are very different. A living will and regular will are exactly like that analogy.

One of the major jobs of the executor of the estate is to manage the assets of the deceased. They are also responsible to see that any unpaid debts are taken care of before issuing any of the assets to the family. Taxes are also a major responsibility for the executor of the estate. This process begins with what is called probate.

This is a way for the will to be legalized. The court will ensure that the will was validly put together, and then grant the executor of the estate the power to enforce the will.

There are many websites that provide do it yourself will kits for a small fee, and also contain information about how to go about filing a will of this nature. At the beginning it is most important that you choose the forms that apply to the state in which you live and understanding that estate laws will vary from state to state. There may be a specific number of witnesses required, certain key phrases that must be included and other essential information required by the state in which you live.

Once all tax issues have been dealt with, the executor of the estate will then begin to pay the debts owed from the estate. The debts are any claims against the estate due to creditors. If there are claims that are disputed, this can drag out this process and cause it to have to go to court.

Once these issues have been taken care of, then the executor of the estate can begin to distribute the assets of the estate. It is vital that the executor of the estate keep perfect records during this process. Beneficiaries of the estate are then given the part of the estate that was given to them from the will. All distributions of assets are secondary to settling any outstanding debts or taxes on the estate.

You will be able to save time and resources and make sure your assets and family are protected in the event of your death by having a will outlining your final wishes

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