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What’s the Difference Between a Will and a Living Will—and Why You Need Both in Your Estate Plan

April 13, 2025

When most people think of estate planning, they think of a Will—a legal document that directs who receives their assets after death. But there’s another essential document that often gets overlooked: the Living Will.

While the names sound similar, these two documents serve very different purposes, and both are crucial for protecting your wishes and easing the burden on your loved ones. At Ohio Heritage Law LLC, we help clients throughout Wadsworth and Medina County understand how these documents work together to create a comprehensive estate plan.

What Is a Will?

A Will, also called a Last Will and Testament, is a legal document that:

  • Names your beneficiaries (the people or organizations who will receive your assets after your death)
  • Appoints an executor to carry out your wishes
  • Designates guardians for minor children
  • May include specific instructions about the distribution of your property

Without a valid Will in Ohio, your estate will be distributed according to state intestacy laws, which may not reflect your preferences.

What Is a Living Will?

A Living Will is a type of advance directive. It does not deal with your property or finances—instead, it provides instructions about end-of-life medical care in the event you are unable to communicate your wishes.

In Ohio, a Living Will allows you to:

  • Specify whether you want life-sustaining treatment (such as a ventilator or feeding tube) if you are permanently unconscious or terminally ill
  • Ease decision-making for your loved ones and doctors by making your preferences known in advance
  • Work hand-in-hand with your Health Care Power of Attorney, which names someone to make medical decisions on your behalf if you’re incapacitated

Why Both Documents Matter

Having both a Will and a Living Will ensures that:

  • Your loved ones are not left guessing about your medical preferences or end-of-life wishes
  • Your family knows exactly how you want your assets distributed
  • You retain control over critical personal, medical, and financial decisions—even when you can’t speak for yourself

Each document covers a different aspect of your life: your property after death and your medical care during life. Together, they form the foundation of a well-rounded estate plan.

Ohio Estate Planning Made Simple

At Ohio Heritage Law LLC, we believe estate planning should be accessible, compassionate, and tailored to your goals. Whether you’re creating your first Will or updating an existing plan, we’ll walk you through each step so you feel confident and informed.

If you’re ready to put the right legal documents in place—or you have questions about the difference between a Will and a Living Will—we’re here to help.

Proudly serving clients throughout Northeast Ohio.
Call us today at (330) 571-4151 or visit www.ohioheritagelaw.com to schedule a consultation.

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Northeast Ohio,
8598 Hartman Road
Wadsworth, OH 44281

info@ohioheritagelaw.com

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