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遺囑清單

起草一份臨終遺囑和遺書是一項概述一個人臨終遺願的必要工具,並且可以保護所愛的人因為沒有合適的指導而在分配財產方面產生壓力。崧峰專業律師事務中心就此編譯了一份適用於各種遺囑,並且包含了重要問題的遺囑清單來幫您著手遺囑的起草,讓遺囑的規劃變得更加簡單。 

  1. 受益人
  2. 當起草一份臨終遺囑時,列出遺囑繼承人以及其繼承的部分財產是極其重要的,因為這有效的避免了立遺囑者去世後而產生的遺囑繼承糾紛。寫遺囑的人被稱作”立遺囑者”,繼承立遺囑人財產和資產的人被稱作受益人。 遺囑受益人通常包括配偶,小孩,親屬,朋友,以及組織機構。

    提供受益人的詳細信息是很重要的,因為這樣受益人可以更容易的被辨認並且鎖定。

  3. 資產
  4. 撰擬一份將轉給受益人的資產清單。開始起草清單的時候應該先列出重要的資產,其中包括了房屋,機動車輛,家族企業等等。 然後再慢慢列出小件東西,比如說珠寶或者傳家寶。 切記你只能分配在你自己名下的財產。因此,如果你結婚了並且你的配偶擁有資產的共同所有權,你不能將此財產列入你自己的遺囑。

    確保所有寶貴的資產都已列入遺囑。 有些資產不能夠通過遺囑繼承的,必須通過其他方式計畫處理,比如說生前信託。

  5. 債務
    • 房屋抵押貸款
    • 汽車貸款/租賃
    • 信用卡
    • 學生貸款
    • 個人貸款
    • 所欠稅款
  6. 列出你所有的債務,包括但不僅限於以下列出的:

    在遺囑裡,你的債務不能轉給其他任何人,因此將房屋的財務狀況寫入遺囑會是一個不錯的主意。這樣可以幫助你精確的計畫你葬禮的花銷,遺囑認證費用,以及稅務。然而有些債務會成為房地的責任,所以你應該盡可能的考慮去掉保險來幫助覆蓋死後的相關花銷。

  7. 遺囑執行人
  8. 遺囑執行人將根據你的遺囑意願來處理你的資產,你將能夠選擇並且在遺囑中列舉出遺囑執行人。總會存在遺囑執行人乘虚而入,為了自己而利用你的資產的狀況。 這種風險是存在並且不可避免的。 一定要確保你自己選擇一個值得信賴的人來當你的遺囑執行人,並且其遺囑繼承人要能夠承擔這個責任。

  9. 監護人
  10. 如果你有未成年子女,在你的遺囑裡為其指定一個監護人是及其重要的。這樣可以避免在自己另一半沒有能力照顧他們的情況下,未成年子女有指定監護人。 如果在子女年紀相對小的情況下,考慮由別人暫時管理自己的資產,等孩子成年後再將資產繼承給子女也是一種明智的選擇。

    一旦你寫的遺囑符合你州的法律,並且可以合法的進行遺囑執行。 你也要確定定時更改並且更新你的遺囑以確保其準確的表達了你的遺願。

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