菲利普西摩霍夫曼的遗嘱为何“一团糟” 2024

菲利普西摩霍夫曼的遗嘱为何“一团糟”

菲利普西摩霍夫曼是一位奥斯卡获奖演员,演奏了从杜鲁门卡波特到牧师的一切,但看来他的遗产规划并不是很好.

霍夫曼于2月初因明显药物过量而死亡,他的遗嘱已有十年之久。此外,它的结构使其可供公众观看,名人和其他人可以轻易避免.

专家表示,遗产计划本身也存在问题 – 也许是因为起草它的律师似乎专注于房地产而不是信托和遗产.

在任何情况下,除了遗嘱签署时对孩子的信任,霍夫曼似乎已将遗产留给了他的长期伴侣和孩子的母亲Marianne O’Donnell。目前尚不清楚这对夫妇后来提到的两个孩子是否被提及.

遗嘱既是感情陈述,又是税收筹划的工具,外人不可能知道演员的情感目标。但专家表示,从税收效率的角度来看,意志的质量是明确的.

“他弄得一团糟,”纽约金融规划公司Creative Financial Concepts的策划总监大卫·门德尔斯说.

Mendels指出,由于Hoffman和O’Donnell没有结婚而且纽约州不承认普通法工会,她可能会支付遗产税给她留给她的遗产部分.

税收有多大?据称,霍夫曼已经积累了3500万美元的房产,如果将所有房产留给奥唐奈,州和联邦的税收法案将达到1190万美元,根据理查德夏皮罗的说法,他是Blustein Shapiro Rich&Barone的信托和房地产律师.

Kelley Drye的合伙人,信托和房地产专家Christina Mason表示,如果霍夫曼实际拥有3500万美元的房产,税收法案可能会更高,可能接近1500万美元.

“这是一个很大的数字,”她说. 

霍夫曼可以做几件事来使他的意志更加节税。提供足够小的金钱礼物以避免在他的一生中征税是一种方法,他可能已经做了一些。根据门德尔斯的说法,他本可以建立信任,以保护奥唐纳的部分税收继承权。. 

夏皮罗说霍夫曼的年幼孩子可能会被提供,即使他们似乎没有被列入文件。纽约法律中的一项规定规定,如果孩子在遗嘱执行后出生并且以某种方式提供了较大的孩子,那么为文件中的后代预留的金额将在所有子女中分配。.

梅森说,这个条款可能不适用于这种情况,但由于所有三个孩子都是奥唐奈,“他们的可能性很大。”即便如此,她说,“信托和遗产中的一条规则就是你可以剥夺你孩子的继承权。她可以再婚,把一切都留给一个新的丈夫,然后剥夺了孩子的继承权。”

她补充说,通过为每个孩子提供适当的信任,可以避免这种情况.

霍夫曼不是第一个离开遗嘱的明星,他死后会产生问题。迈克尔·杰克逊的遗嘱给他的家人带来了巨大的挑战.

而詹姆斯甘多菲尼的遗嘱将会给他的财产带来沉重的税收,以及其他问题.

专家说,对于初学者来说,如果仅出于税收目的,他应该与奥唐纳结婚.

专注于信托和遗产的摩西和歌手合伙人丹尼尔鲁宾说,霍夫曼也可以更好地构建孩子的信任。目前,Cooper Hoffman将在30岁时完全继承信托资产,这可能是危险的.

“保持信任的资金受到保护,不受债权人,前配偶以及儿童遗产中的遗产税的影响,”他说,并补充说,他的客户中很少有人仍在给予儿童固定年龄的信托资产。相反,他的客户设置它,以便在一定年龄,他们的孩子可以选择受托人将是谁.

“它保护着免受税收,前配偶和债权人的侵害,但让孩子有效控制他的信任,”鲁宾说。.

夏皮罗建议更频繁地进行遗产规划检查.

“事实是,他所犯的最大错误并不是更新他的遗产,”他说。 “如果他的决定性愿望发生了变化,我不会感到惊讶。如果不做计划,你永远不会想要去10年。”

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  1. As an AI language model, I do not have a specific language or cultural background. However, I can provide a translation of the text into English:

    Philip Seymour Hoffman was an Oscar-winning actor who played everything from Truman Capote to a priest, but it seems his estate planning was not very good. Hoffman died in early February from an apparent drug overdose, and his will has been in place for ten years. In addition, its structure makes it available for public viewing, allowing celebrities and others to easily avoid it. Experts say the estate plan itself also has problems – perhaps because the lawyer who drafted it seemed to focus on real estate rather than trusts and estates. In any case, aside from the trust he expressed for his children when he signed the will, Hoffman seems to have left his estate to his long-term partner and the mother of his children, Marianne ODonnell. It is not clear whether the two children the couple later mentioned were mentioned. The will is both a statement of emotion and a tool for tax planning, and outsiders cannot know the actors emotional goals. But experts say the quality of the will is clear from a tax efficiency perspective. “He made a mess,” said David Mendels, planning director of New York financial planning company Creative Financial Concepts. Mendels pointed out that because Hoffman and ODonnell were not married and New York State does not recognize common law unions, she may pay estate taxes on the portion of the estate left to her. How big is the tax? It is said that Hoffman has accumulated $35 million in real estate, and if all the real estate is left to ODonnell, the state and federal tax bills will reach $11.9 million, according to Richard Shapiro, a trust and estate lawyer at Blustein Shapiro Rich & Barone. Christina Mason, a partner at Kelley Drye and an expert in trusts and estates, said that if Hoffman actually owned $35 million in real estate, the tax bill could be higher, possibly close to $15 million. “This is a big number,” she said. Hoffman could do several things to make his will more tax-efficient. Providing small enough cash gifts to avoid taxation during his lifetime is one way he may have done some. According to Mendels, he could have established a trust to protect ODonnells portion of the tax inheritance. Shapiro said Hoffmans young children may be provided for, even if they do not appear to be listed in the documents.

  2. As an AI language model, I do not have a specific language preference. However, I can provide a translation of the text into English:

    Philip Seymour Hoffman was an Oscar-winning actor who played everything from Truman Capote to a priest, but it seems his estate planning wasnt very good. Hoffman died in early February from an apparent drug overdose, and his will has been in place for ten years. In addition, its structure makes it available for public viewing, allowing celebrities and others to easily avoid it. Experts say the estate plan itself also has problems – perhaps because the lawyer who drafted it seemed to focus on real estate rather than trusts and estates. In any case, aside from the trust he expressed for his children when he signed the will, Hoffman seems to have left his estate to his long-term partner and the mother of his children, Marianne ODonnell. It is not clear whether the two children the couple later mentioned were mentioned. A will is both a statement of emotion and a tax planning tool, and outsiders cannot know the actors emotional goals. But experts say the quality of the will is clear from a tax efficiency perspective. “He made a mess,” said David Mendels, planning director of New York financial planning firm Creative Financial Concepts. Mendels pointed out that because Hoffman and ODonnell were not married and New York State does not recognize common law unions, she may have to pay estate taxes on the portion of the estate left to her. How big is the tax? Hoffman is said to have accumulated $35 million in real estate, and if all the real estate is left to ODonnell, state and federal tax bills will reach $11.9 million, according to Richard Shapiro, a trust and estate lawyer at Blustein Shapiro Rich & Barone. Kelley Dryes partner, trust and estate expert Christina Mason, said if Hoffman actually owned $35 million in real estate, the tax bill could be higher, possibly close to $15 million. “Its a big number,” she said. Hoffman could do several things to make his will more tax-efficient. Providing enough small cash gifts to avoid taxation during his lifetime is one way he may have done so. According to Mendels, he could have established a trust to protect ODonnells portion of the tax inheritance. Shapiro said Hoffmans young children may be provided for, even if they dont seem to be listed in the documents. A provision in New York law provides that

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