가족을 위한 최고의 부동산 계획 변호사 찾기
계획을 설계하고 초안을 작성하기 위해 선택한 변호사보다 유산 계획의 성공에 더 중요한 것은 거의 없습니다. 그 변호사와 재정 자문 및 회계 분야에서 귀하에게 서비스를 제공하는 다른 전문 고문 사이에 형성되는 관계도 그만큼 중요합니다.
모든 성공적인 부동산 계획은 고객의 이익을 위해 함께 일하는 여러 직업의 결과입니다. 그러나 한 그룹의 전문가가 다른 그룹에 속한 전문가에 대해 오해하는 경우가 있습니다. 예를 들어, 재정 고문은 부동산 계획 변호사를 문서 서사에 불과하다고 생각할 수 있습니다. 그러나 이것은 사실과 거리가 멀다.
자신의 업무를 부동산 계획으로 제한하는 많은 변호사들은 가치 기반, 관계 중심, 고객 중심 및 상담 지향적입니다. 그리고 좋은 사람들은 기꺼이 당신을 대신하여 다른 전문가들과 함께 일할 것입니다. 그들은 철저한 유산 계획이 단순한 법적 조언 이상의 것을 포함한다는 것을 이해합니다. 핵심은 이 설명을 충족하는 변호사를 찾는 것입니다.
그렇다면 이 희귀한 생물은 어디에서 찾을 수 있을까요? 올바른 종류의 변호사를 상대하고 있는지 어떻게 알 수 있습니까? 올바른 종류의 변호사는 단순한 문서 준비가 아닌 관계 구축 및 상담을 지향합니다. 그 또는 그녀가 제공할 첫 번째 것은 당신의 목표뿐만 아니라 당신 자신과 당신이 사랑하는 사람들을 위한 당신의 희망, 꿈, 열망에 귀를 기울이는 능력입니다. 변호사는 귀하가 자신의 업무에 대한 통제력을 유지하고, 장애가 있는 경우 적절한 보살핌을 받고, 귀하가 떠난 후 사랑하는 사람을 의미 있게 제공하고자 하는 귀하의 소망을 분명히 할 수 있도록 민감한 대화를 진행할 것입니다.
단순한 세금 이상의 의미
모든 유능한 부동산 계획 변호사는 부의 이전과 관련된 법적 복잡성 및 세법을 탐색하는 데 도움을 줄 수 있습니다. 그러나 올바른 유형의 부동산 계획 변호사는 단순한 돈 이상을 물려주고자 하는 귀하의 욕구에도 관심을 가질 것입니다. 그 또는 그녀는 다음과 같은 일을 수행하는 방법에 대해 질문하고 설명할 것입니다.
여러 세대에 걸친 자손 교육의 기초
지역 사회에 유산을 남길 자선 목표 달성
귀하가 믿는 가치를 뒷받침하는 가족 역사 및 이야기 보존
o 가족 사업을 계속하거나 매각
상황에 관계없이 생존 배우자를 돌봄
그리고 훨씬 더.
덜 긍정적이지만 똑같이 중요한 메모에서 올바른 종류의 변호사는 다음과 같은 질문을 할 것입니다.
재혼 상황으로 인해 존재할 수 있는 가족 관계의 기타 복잡성
othe special health needs of a grandchild
othe son or daughter-in-law who is not to be trusted
othe child or grandchild who is a spendthrift or suffers from substance abuse
Such in-depth counseling forms a strong foundation on which a long-term relationship is built. That relationship is important because an estate plan is not a transaction. Rather, it’s an ongoing process that should be reviewed from time to time throughout your life – and potentially survives through several generations. You may choose to involve your adult children in the planning process, and the right attorney will build a relationship with them as well.
An Interdisciplinary Approach
Another trait of the right kind of attorney is true commitment to the team approach in estate planning. A good estate planning attorney recognizes that every member of the planning team (including the investment advisor, the insurance professional and the CPA) is vital to the success of the plan. The right attorney will involve the other advisors in the long-term relationship you have to the degree that you are comfortable with that arrangement.
Legal documents are not enough. Even documents that have been drafted from in-depth counseling and are custom-designed to meet the unique needs of the client are not enough. Documents standing alone are like the proverbial automobile without fuel.
The documents’ instructions only apply to assets that are properly owned.
For example, a will only controls those things owned in the individual’s name–not jointly. The trust only controls those things owned by the trustee of the trust. An irrevocable life insurance trust works only if it is properly funded with a suitable insurance policy. Advanced entities require careful balancing of assets for maximum effectiveness. Accurate valuation of your business interests is imperative. New planning tools often require additional accounting and tax advice.
Financial and insurance advisors, as well as accountants, provide the fuel that is needed to help ensure that appropriate financial assets are allocated and funded correctly, offer necessary valuations and tax returns, and provide the means for proper balance within the plan. The estate planning attorney you work with should not only recognize these truths, but be cooperative and collegial with the other professionals that are providing these things.
Each member of the interdisciplinary team provides a cross-check for the other members. If there is disagreement among the professionals on a strategy or its implementation, it can be discussed and worked out between them as a team. After all, estate planning is both an art and a science. In this way, you are served with unanimous agreement among the professionals instead of getting contradicting advice from multiple sources. Mutual respect and clear protocols will characterize the interdisciplinary team that is working well together. Each team member will know exactly what is expected of him or her, and communication with each other and with you will be constant and clear.
As mentioned, the right kind of attorney will be focused on a long-term (even multi-generational) relationship you and your family. Therefore, the attorney will not have a transactional approach to the estate plan, but rather a process approach. An estate plan is never really done until the person doing the planning has passed away and every instruction for every beneficiary of every subsequent generation has been carried out. Those who speak of the plan in the past tense (“They did their estate plan…”) may have a shortsighted perspective.
A Strategic Process to Support the Relationships
The client-centered attorney will ensure that everything possible is done so that the plan is carried to fruition and your expectations are met.
There is nothing as constant as change. Your personal, family and financial situations change all the time. Kids get married and have children; there are divorces and remarriages; real estate and financial assets change value as the market goes up or down; a child marries someone you don’t approve of; a grandchild gets involved with drugs; you win the lottery; and so on.
In addition, laws (both tax and non-tax) change constantly. First we have an estate tax. Then we’re told the estate tax isn’t so bad. The estate tax is abolished. Oops, the estate tax is back! Assets in retirement accounts and trusts are protected from creditors and predators. But then a court in one state says that some protected assets may not be protected in certain circumstances. There’s no way that a will or a trust drafted 20 years ago (or even 5 years ago) is current with all those changes. So updating and maintenance of the plan are required in order for it to work.
The other thing that is constantly changing (or should be) is the growth and education of the attorney and every advisor working with you on your plan. Over time, new planning strategies are developed, new tools are discovered, and there are better ways to accomplish a goal. Of course, you will continue growing as well, and your goals for the plan could change.
The right estate planning attorney has systems in place to ensure he or she stays in touch with you, that the rest of the planning team knows of changes, and that there are methods to adjust the plan in light of those changes. As every member of the planning team focuses on the needs of the client, the process will run smoothly, and you will be more comfortable with the advice that is given and the decisions you make.
The attorney will also be aware that for a plan to work well, the people who will help in the future need to know what’s going on 성범죄변호사선임비용.
If the children will someday serve as trustees and personal representatives, the attorney might be involved in teaching those children what to do. If ongoing trusts have been established to protect those children and grandchildren, the other advisors should be available to continue serving as advisors to the subsequent generations instead of losing that expertise and familiarity. The client-centered interdisciplinary approach can make that happen.
Your Role in the Estate Planning Process
Your role in the process is an active role, not a passive one. You should avoid the attorney who is content with simply telling you what to do, and then throwing together some documents to accomplish it. That is the attorney’s plan – not yours.
In summary, if you’re working with the right estate planning attorney, you should plan on being involved in three distinct steps:
1. Develop a plan with counseling-oriented (rather than document-oriented) professionals.
2. Commit you and your family to an ongoing maintenance and education program.
3. Assure that your wisdom is passed along with your wealth.
As you consider those you love, and those material things that you’ll someday leave behind, only a properly designed and implemented estate plan can ensure that your goals for those loved ones are accomplished.
Many estate plans in America don’t work. They often consist of fill-in-the-blank documents, delivered in a one-time transaction, and never updated. If that’s all an attorney can offer, that’s not the right attorney for you. Choose an attorney that is counseling-oriented, values-based, and as strong on relationships as he or she is on the law.