Living Will vs. Last Will And Testament | Bineham & Gillen
 

SAN ANTONIOLiving Will vs. Last Will And Testament

Legal Estate Planning

When it comes to planning for the future, having the right legal documents in place provides peace of mind for you and your family. Many people hear the terms “living will” and “last will and testament” and assume they serve the same purpose. In reality, they are two very different documents that address distinct legal matters.

At Bineham & Gillen, PLLC, our team is expanding services to include estate planning so clients in San Antonio and surrounding areas can take a proactive approach to safeguarding their futures.

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What Is A Living Will?

A living will — sometimes referred to as an advance directive — outlines your medical preferences if you are unable to communicate them yourself. This document answers critical questions such as:

  • Do you want life-sustaining treatments in case of a serious illness or injury?
  • Would you prefer comfort care without invasive medical procedures?
  • Who should speak on your behalf if you cannot make decisions?

Unlike a last will, a living will goes into effect while you are still alive but incapacitated. It gives your family and healthcare providers clear guidance, reducing confusion or conflict during emotionally difficult times.

Highlight: A living will ensures your healthcare choices are honored if you cannot make them yourself.

What Is A Last Will And Testament?

A last will and testament is a legal document that takes effect after your death. It allows you to:

  • Decide how your assets will be distributed
  • Appoint a guardian for minor children
  • Name an executor to carry out your wishes
  • Make charitable or family-specific bequests

In Texas, a last will and testament is essential for ensuring your estate is settled according to your preferences rather than leaving those decisions to state law.

Highlight: A last will and testament protects your loved ones and directs the distribution of your estate.

Living Will vs. Last Will: The Key Differences

Although both documents are important, they serve very different roles:

  • Living will — Guides medical care during your lifetime if you cannot communicate
  • Last will and testament — Distributes property and assets after your passing

Having both in place ensures you are covered in two critical areas — healthcare and estate management.

Why Estate Planning Matters

Life is unpredictable, and estate planning goes beyond property distribution. It’s about protecting your family, reducing stress and making sure your voice is heard in situations where you cannot speak for yourself.

At B&G, our attorneys understand that estate planning is deeply personal. Whether you’re considering a living will, a last will and testament or both, our San Antonio legal team provides compassionate, knowledgeable guidance.

Work With Bineham & Gillen

Since 2014, Doug Bineham and James Gillen have been trusted advocates in family law across San Antonio, Helotes and surrounding communities. With the addition of estate planning services, Bineham & Gillen now helps families prepare for the future with the same honest, client-focused approach that has guided their practice for decades.

Planning ahead is a smart choice. Contact B&G today to learn how a living will, a last will and testament or a comprehensive estate plan can provide clarity and security for your loved ones.

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