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cover of episode What Your Will WON’T Do

What Your Will WON’T Do

2024/11/4
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Big Picture Retirement

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D
Devin
财务规划专家和《Big Picture Retirement》播客主持人,专注于退休规划、遗嘱和信托教育。
J
John
一位专注于跨境资本市场、并购和公司治理的资深律师。
Topics
Devin指出,许多人误认为遗嘱可以解决所有身后事,但事实并非如此。John详细解释了遗嘱的局限性,包括遗嘱需要经过法院认证才能生效,它只控制属于遗产的资产,不包括指定受益人或联名账户等非遗产认证资产。此外,John还强调了指定监护人的文件应该与遗嘱分开,以免因遗嘱争议而影响儿童监护权的确定。他还建议使用信托来管理资产,并在信托中加入关于债务清偿的条款,这样既可以避免冗长的遗产认证程序,又能确保债务得到偿还。John还特别提醒,未缴税款会成为所有资产的优先留置权,即使资产通过非遗产认证方式转移,留置权仍然有效。

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Chapters
This chapter debunks the myth that a will covers everything, explaining that a will is not valid until it goes through probate and discussing common misconceptions about what a will can and cannot control.
  • A will is not valid until it has been admitted to probate.
  • Many people believe a will is a Swiss Army knife for estate planning, but it has significant limitations.
  • Understanding what a will does and doesn't do is crucial for effective estate planning.

Shownotes Transcript

In this episode, we’re breaking down common myths about what a Will can actually take care of. A lot of people think a will covers everything, but it’s not that simple! We’ll explain how probate works, why some assets don’t go through your will, and what your will can’t control — like retirement accounts or jointly owned property. We’ll also talk about other tools you might need to make sure your plans really happen the way you want. Join us to learn what your will really does and avoid surprises for your family down the road. If you’re thinking, "I love the Big Picture Retirement podcast!” please consider rating and reviewing this show! This helps us support more people -- just like you -- move toward a confident retirement. Just scroll down to the “ratings and reviews” section, tap to rate with five stars, and select “Write a Review.” Then be sure to let us know what you loved most about the episode! Also, if you haven’t done so already, follow the podcast. We add new content every week, and if you’re not following, you’ll likely miss out. Follow now!  Don’t miss the Big Picture Retirement Planning Cheat Sheet. We've distilled the essential brackets, thresholds, and rules of retirement into an easy-to-digest, three-page summary. https://www.carrolladvisory.com/pl/2148282517)  Want to ask Devin or John your question? Just visit https://www.bigpictureretirement.com/) and click on the “Ask A Question” menu selection.  Although this show does not provide specific tax, legal, or financial advice, you can engage Devin or John through their individual firms.  Contact Devin’s team at https://www.carrolladvisory.com/)  Contact John’s team at https://www.rossandshoalmire.com/)