罗斯·凯伦著
People often have ideas of how they would like their estate distributed or how personal matters should be handled upon their death, 然而，他们并不总是确定如何实现这些目标. Below are three scenarios that highlight the importance of speaking with an estate planning attorney to ensure you are making informed decisions about your estate plan.
客户端A举例
客户A走进办公室要求一份遗嘱. A family friend told her a will would allow her to effectively distribute her assets. 虽然这通常是正确的, further discussion with Client A revealed that a trust plan would be more beneficial considering her circumstances and goals.
例如, Client A had two children: a 16-year old son and a 12-year old daughter with special needs. She wanted to control the amount of funds distributed to her children to prevent wasteful spending. She also needed funds set aside for the long-term care her daughter required. 最后, Client A did not want her estate plan to be administered by a probate court, 有效地成为公共记录, 她死后.
- A trust plan allows Client A to appoint an individual or entity, 被称为受托人, to manage funds and other trust assets on her behalf when she is gone. She may designate specific amounts of funds to be distributed to each child, as well as specific ages that each child should receive such distributions, 从而达到她想要的控制.
- A Special Needs Trust contains many of the same provisions as a traditional trust but can be created for the specific benefit of the special needs child without jeopardizing any government assistance the child may receive. 就像传统的信托一样, 委任受托人, whose discretion and responsibilities are determined by the client.
- A trust plan can avoid probate court and maintain client privacy.
客户端B举例
客户B走进办公室，要求建立信托. His co-worker indicated “it was the only way to properly transfer his assets upon his death."而信托在死者死后转移财产, further discussion with this client revealed that a will plan would accomplish the client’s intent, 没有更高的信任成本.
例如，客户B是单身，没有孩子. He owned two properties including his home and a summer cottage. 客户B死亡后, 他想把他的家和生意转给他哥哥, 还有他的小屋要转给他的老朋友. However, Client B wanted the ability to sell his cottage before his death if the opportunity arose.
- Client B’s properties and business may be effectively transferred upon his death using a will plan and operation of law.
- A Ladybird Deed can be used to transfer his real properties upon his death, while preserving his interest in the properties and his ability to transfer them during his lifetime.
- 类似于瓢虫行为, a Ladybird Assignment can be used to transfer his personal property upon his death while preserving his rights and interest in the same.
客户端C示例
Client C came into the office for a review of her and her husband’s estate plan. They created wills several years ago, but executed no other documents. The client was concerned as to who would make medical and financial decisions on their behalf if they could no longer do so.
一个将, 独自一人, does not designate an individual to act on another’s behalf for medical and financial decisions. There is also a common misconception that a spouse may automatically act on behalf of another spouse to make medical and financial decisions, 没有书面文件，哪个是不准确的. 因此, 这些客户需要一份医疗委托书, 财务授权书, and Release of Medical Records to ensure their concerns are addressed.
- A 财务授权书 will allow the clients to appoint an Agent or Attorney-in-Fact to act on their behalf to access and manage their financial affairs if they can’t. The clients may also appoint other individuals as Successor Agents if the primary Agent becomes incapable or is deceased.
- A Medical Power of Attorney will allow the clients to appoint a Patient Advocate to act on their behalf to make health decisions when they can no longer do so. 就像一份财务委托书, a Medical Power of Attorney will allow the clients to appoint Successor Patient Advocates in the event their Patient Advocate becomes incapable or is deceased.
- A Release of Medical Records will allow the clients to grant specific people access to their medical records. This allows their Patient Advocate to make informed decisions about their medical care.
联系凯伦律师事务所的律师
带走: 没有“放之四海而皆准”的遗产规划方法. An important aspect of crafting the proper plan is discussing your goals with an attorney to determine the best strategy for accomplishing them. 今天就给客户端其中一个地点打电话找律师. (269) 382-4818 在卡拉马祖或密歇根州的大急流城.