Regardless of whether he or she does anything else, however, it is vital to have a will. And without a will naming a guardian for your children, the state will do it for you. Even couples without children need wills. For example, if both were to die of injuries in an accident, but one lingers a few days longer than the other, the state would distribute all of the couple's assets to the relatives of the last survivor, whether that is the couple's wish or not. Two other essential documents are a living will and a health care power of attorney.
Most estate planners recommend having both because they can work together.
A living will makes clear one's desire to not be kept alive through drastic measures when there's no hope of survival. Such wills generally assuage health care providers who must worry about consent and other liability issues. The health care power of attorney designates a surrogate, usually a spouse or partner, to exercise the wishes of the person who is ill. Lubrano would have both. It is used most often by wealthy people with significant business and personal assets.