New to Living Wills

[thedude2014]

What is the name of your state (only U.S. law)? Kansas

Seeking information on a living will. This is a new area of law for me. I am in my 30's, but would like to have a living will. Thanks everyone.

 

[anteater]

"Seeking information" is kind of vague. There are these new contraptions called search engines that do a wonderful job of finding information about various topics.

Is there something more specific that you want to ask about?

 

[thedude2014]

Prefer google over bing myself. Anyway...

Yes, there is a complication. A family friend is separated from her husband (no legal action taken) and she would like to know what she could include in her living will if they decide to not file for legal separation. He has left the residence and has been absent for over one year, if that has any relevance. I believe the main concerns are the property within the home, the car that is in her name only, and the home that is both of their names. I have suggested divorce or legal separation on several occasions, but you can lead a horse to water !!!

 

[anteater]

A living will contains directives concerning medical treatment if one is not capable of making decisions oneself.

Apparently, your friend is talking about a living trust.

And the first question you should ask her is: why does she feel that she needs a living trust?

 

[thedude2014]

thank you anteater.

Thanks, I would assume she has concerns of her husband removing the property at the home and or deciding to put the home up for sale. Also, she has stated that she does not want any of her property or life benefits going to him if she were to pass before him. If you are confused, I am with you! Legal separation just seems like the logical plan to me.

 

[justalayman]

Your posting history is odd. You have this sudden new interest in a few topics yet you won't get very specific. In this thread you say you want a living will yet when you start describing why you want one you describe a friends situation.

It sounds more like you are asking questions for school or even to steal the replies and post them on other legal forum sites. Something about your questions just does not seem sincere.


With that said: tell your friend to make a will. She cannot control community property or joint property regardless what she does but she can control the disposal of her seperate property with a will.


If she chooses not to make one, oh well. Apparently she isn't too concerned about her estranged husbands actions. Otherwise she would act.

 

[thedude2014]

justalayman

To clarify, I was not sure that a living will was the area of law that would cover my friends needs. If any of the posts I have made need further explanation, I will gladly elaborate. And I wouldn't exactly call my interest new or odd. Varied, yes. As for being a student or having a pastime that involves copying and pasting information, only wish I had that kind of time! lol

Anyway, appreciate your follow up. I will pass along the information.

 

[thedude2014]

Could a Quitclaim Deed serve as an legal alternative?

 

[justalayman]

Could a Quitclaim Deed serve as an legal alternative?

for what? All a QC deed does is convey whatever interest the grantor has in the property to the grantee. It doesn't mean they actually have any interest.

so, at best it will relieve her of her share of any interest to whomever is the grantee. Since the home is owned jointly, he will still own his share of the home.

 

[thedude2014]

Okay, thanks again!