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Frequently asked Questions

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Questions from our Clients At the Law Offices of Phillips, McElyea, Carpenter & Welch, P.C., we are asked many common legal questions from our clients.  We want to share these great questions with our Blog readers and answer them!  We will feature frequently asked questions with answers every few weeks, so keep checking back. Question - What is the difference between a Will and a Living Will? Answer - A Will is a legal instrument executed by a person in accordance with the Missouri Statutes directing the disposition of property at death, appointing a Personal Representative (sometime referred to as Executor) and perhaps other things.   A Will must be admitted to Probate to be effective.   A Living Will is a written, notarized statement made by person which gives instructions to health care providers concerning the care to be given the person when death is imminent.   The Living Will has been supplanted by an instrument known as a Hea...