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產業規劃:生前信托 VS 遺囑

規劃您的產業是一個重要的工具。它能讓您做主誰將得到您的錢財和資產,什麽時候收到,在什麽條件下收到,而不是讓政府決定分配您的財產。能自己掌控您的產業是很一個重要的原因,可是產業規劃的好處還包括減少或完全免除產業稅務和避免費時又費錢的遺囑檢驗(Probate)過程。遺囑檢驗過程有時能拖到1-2年,這期間您的財產分配就要延期了。在加州,遺囑檢驗過程尤其複雜。有時要經過數個申請,提議,還要出庭,準備財產清單等才能完成。
遺囑雖然可以當指揮令,確保服從過失人的意願來分派財產,遺囑卻不是正式的轉讓證明。有些人以爲有了遺囑就不需要遺囑檢驗,這個想法是不對的。衹有一份分配所有財產的生前信托才能保證避免遺囑檢驗。在一份生前信托里,財產所有權(titles)在過世者過世前就被轉讓了。這也是遺囑和生前信托的不同處衹有。對任何有一定財產的人來説,生前信托比遺囑的好處要多。

1. 費用與時間

雖然寫遺囑的起初費用和要求很低,當寫遺囑者過世,遺囑生效時,對在世人來説就又費時費力又費錢了。

相反來説,雖然寫生前信托起初的費用,和花的時間較多,當您過世后,您可以幫您的後人節省時間和金錢。衹要要轉讓的財產在生前已經轉讓好了,生前信托就能爲後人減少擔憂。

遺囑把產業規範中最複雜的部分留在過世后,生前信托則不同。生前信托在人還在世時就把需要轉讓的財產和財產所有權轉讓好,讓產業的主人能夠親自監督轉讓過程。

2. 隱私

即使遺囑符合所有的法定要求并被合法地執行,所有的過程和文件還是會變成公共記錄。如果早設置好生前信托,并把所有的財產轉讓都在過世前完成,過世時的財產轉讓就會是私密的。

3. 控制

把一個人的遺願記錄下來的主要目的是來確保過世人的意願是被遵守的。遺囑和信托是兩個很好的工具。兩中文件都可以溝通過失人關於財產分割的最終意願,但對於過世人在生前過過世后對他/她自己的財產的控制就不一樣了。

生前信托允許一名委托人來決定一個人的財產是要怎麽分配與如果使用。比如説,生前信托也可以分配給未成年的孩子或特殊助理的小孩。遺囑就不可以了。

生前信托也爲委托人如果在去世前身體或精神上喪失能力而做安排,遺囑就不能了。如果有遺囑的人喪失身體或精神能力,法院就會指派監護人來監督遺囑上的財產。這個過程通常不但讓人煩惱,更加浪費金錢。

創造一個正式的文件來略述一個人的最終意願是很重要的。遺囑,或更好的,生前信托不但讓過世人能控制他們財產的分配,這種文件更可以減輕過世和財產分配對一個家庭上的的負面影響。

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