Fong Law Group

19 提案的迷思 (廣東)

If It’s Not on Paper, Your Wishes Won’t Come True 如果它不在紙上，你的願望就不會成真 (中英對照)

 

 

“Do not buy into the myth that estate planning is only relevant for wealthy individuals who need tax planning.”

One of an estate planning attorney’s main responsibilities is ensuring that clients understand the importance of addressing these matters before they become an issue, reports the New Jersey Herald in the article “The importance of putting plans in writing.”

The message hits home especially hard, when the friends of estate planning attorneys experience problems that could have been resolved earlier with correct planning. In one example, a woman’s friend began to experience unexpected health problems. Her husband is incapacitated and there are no children to step in and help. The couple’s lack of legal documents has made a difficult situation even worse.

Although discussing concepts like end-of-life care can be challenging, all adults do need to have specific plans in place, even if their estate plan is basic: a last will and testament, a living will and a power of attorney.

It is never to early to put these documents into place. Everyone who is 18 years or older should at least have a designated power of attorney and a medical directive, in case they are unable to manage their own affairs or make healthcare decisions.

Unfortunately, many people still think estate planning is only for wealthy people who want to pay less taxes. Tax planning can help lighten tax liability for some. However, there are far more important reasons to do estate planning.

The main reason for estate planning is to set down expectations and wishes, while you are alive and after you pass. An estate planning attorney will help review the benefits of having a power of attorney and a healthcare directive. They can help, if the situation occurs where your loved ones have to make decisions for you. The amount of time, expense and frustration of going through a guardianship process can be avoided, if these items are in place.

An estate planning attorney can also help you with completing beneficiary forms for non-probate assets, preparing a funeral plan, planning a personal property memorandum and discussing elder care and planning for incapacity.

Making decisions in advance regarding who will care for minor children, if young parents cannot and who will be the person’s executor and handle all the details of their estate, are all necessary.

Many couples choose joint ownership and consider that their estate planning. However, that’s not enough. What happens when the last “surviving” joint owner passes? There are many other issues that need to be dealt with and an estate plan can address them.

Reference: New Jersey Herald (Aug. 22, 2018) “The importance of putting plans in writing”

“不要誤以為資產規劃只適用於需要稅務計劃的富人。”

資產規劃律師的主要職責之一是確保客戶在問題發生之前諒解問題的重要性。在文章中新澤西先驅報報導了“The importance of putting plans in writing.” (以書面形式製定計劃的重要性) 。

當資產規劃律師的朋友們遇到本來可以通過正確規劃來解決問題時，這個消息會特別有

震撼力。在一個例子中，一位女性的朋友開始出現意想不到的健康問題。她的丈夫失去了行動能力, 沒有孩子可以介入去幫助。這對夫婦缺乏法律文件使情況更加惡化。

儘管討論關於臨終關懷這樣的概念可能難以啟齒，但所有成年人都需要製定具體的計劃，即使他們的資產計劃是基本的：遺囑，生前遺囑和授權書。

去將這些文件準備好，永遠不會嫌早。18歲或以上的每個人都應至少擁有指定的授權書和醫療指示，以防他們無法管理自己的事務或做出醫療保健決定。

不幸的是，許多人仍然認為資產規劃只適用於想要減稅的有錢人。稅務規劃可以幫助減輕一些人的納稅義務。但是，進行資產規劃有更重要的原因。

資產規劃的主要原因是為你活著和過世之後，制定期望和願望。資產規劃律師將能草擬財務授權書和醫療授權書。如果您所愛的人必須為您做出決定，那些文件便派上用場。有了這些文件便可以避免經歷監護 (Guardianship) 權過程的時間，費用和挫折。

資產規劃律師還可以幫助您填寫非遺囑認證資產的受益人表格，準備葬禮計劃，規劃個人財產備忘錄以及討論老人護理和喪失行動能力計劃。

事先做出決定關於誰將會照顧未成年子女，當父母不能的時候，誰將成為遺產的執行人並處理其遺產的所有細節，這都是重要的。

許多夫妻選擇聯名擁有財產並認為這樣便是資產規劃。但是，這還不夠。夫婦二人都過世時會發生什麼？還有許多其他問題需要處理，資產計劃可以解決這些問題。

參考: New Jersey Herald (Aug. 22, 2018) “The importance of putting plans in writing”