What is the difference between a Living Trust and a Living Will?

What is the difference between a Living Trust and a Living Will? A Living Trust is made to transfer property and is often used to avoid probate. A person creates a living trust and transfers property to it. The trustee if the same person who made the trust or another person can be appointed. The trust or Memorandum of Trust should be recorded.  After the grantor or person who made the trust dies the assets can either be held by the trust with another trustee or disbursed depending on the wording of the trust.

A Living Will actually has nothing to do with Wills. It is a directive to medical personnel about what you want to happen if you are injured or otherwise on life support and not likely to recover.  In some states a Health Care Directive or Medical Directive is used instead of a Living Will.


If you view this content and need to ask a related question or need services that relate to this question, Contact me.

All content is for informational purposes only. It is also only intended to relate to Mississippi Estate Planning Law.  If other states are mentioned, they are mentioned as an example only. No legal advice is provided in this content. Laws change so you need to check for any updates by current laws in Mississippi.