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Social Security Number(Required) Date of Birth(Required)
Street Address Address Line 2 City State AlabamaAlaskaAmerican SamoaArizonaArkansasCaliforniaColoradoConnecticutDelawareDistrict of ColumbiaFloridaGeorgiaGuamHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaNorthern Mariana IslandsOhioOklahomaOregonPennsylvaniaPuerto RicoRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahU.S. Virgin IslandsVermontVirginiaWashingtonWest VirginiaWisconsinWyomingArmed Forces AmericasArmed Forces EuropeArmed Forces Pacific ZIP Code
County(Required) Phone Number(Required)Email Address(Required)
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Employer(Required)
Street Address Address Line 2 City State / Province / Region ZIP / Postal Code
Enter all children to be provided for under your Will whether by birth or adoption (you can include stepchildren but only if you want to treat them as a natural or adopted child for inheritance purposes). It is also important to complete the “Relationship” field for each child listed. NOTE: If you selected to plan for both you and your spouse joint children will need to be listed twice: (i) for you and (ii) for your spouse.First NameMiddle NameLast NameDate of Birth (MM/DD/YY)RelationshipSpecial Needs My ChildOur ChildSpouse's ChildPlease SelectNoYes Add Remove
Marriage Date(Required)
Spouse Social Security Number(Required) Date of Birth(Required)
Personal Representatives appointed in sequential order below. It is best practice to appoint at least two individuals. An Executor is the individual who will be responsible for handling legal matters and other affairs relating to your probate estate. A Trustee is the individual who will be responsible for managing any trust property on behalf of your beneficiaries.OrderFull Legal NameRelationship Please SelectCharitable OrganizationSpouseDaughterSonMotherFatherSisterBrotherDomestic PartnerGranddaughterGrandsonGrandmotherGrandfatherAuntUncleNieceNephewCousinMother-in-lawFather-in-lawDaughter-in-lawSon-in-lawSister-in-lawBrother-in-lawStepmotherStepfatherStepsisterStepbrotherStepdaughterStepsonFriendBusiness PartnerOther Add Remove
Co-Personal Representatives appointed in sequential order below. Co-Personal Representatives serve together and may act independently or by majority action as determined by your selection below Yes No
Majority action required by all Co-Agents Any Co-Agent may act independently from the other
NOTE: If you want to list more than one Co-Agent to serve simultaneously with an Agent you have previously listed above then list the desired Co-Agent names in the spaces below separated by “and” (e.g. “John Doe and Jane Doe”). A co-personal representative will serve together with any of the above named individuals. Check all that apply. *This is optional*. Name a co-personal representative to serve with my first choice Name a co-personal representative to serve with my second choice Name a co-personal representative to serve with my third choice Name a co-personal representative to serve with my fourth choice Name a co-personal representative to serve with my fifth choice
Full Legal NameRelationshipPlease SelectCharitable OrganizationSpouseDaughterSonMotherFatherSisterBrotherDomestic PartnerGranddaughterGrandsonGrandmotherGrandfatherAuntUncleNieceNephewCousinMother-in-lawFather-in-lawDaughter-in-lawSon-in-lawSister-in-lawBrother-in-lawStepmotherStepfatherStepsisterStepbrotherStepdaughterStepsonFriendBusiness PartnerOther
(if you select “yes” and your spouse listed you as a fiduciary then each spouse will serve as a corresponding fiduciary for the other and all other appointed fiduciaries will remain the same for both spouses) Yes No
Guardians appointed in sequential order below. Who will serve as guardian for your minor children (if any)? It is best practice to appoint at least two individuals. (An appointed guardian for a minor will only be necessary when both legal parents (regardless of marital status) are no longer able to serve in that capacity due to death, disability, incapacity or otherwise). A guardian is an individual legally responsible for your children until they reach 18 years of age.OrderFull Legal NameRelationshipIs this individual over 18? Please SelectCharitable OrganizationSpouseDaughterSonMotherFatherSisterBrotherDomestic PartnerGranddaughterGrandsonGrandmotherGrandfatherAuntUncleNieceNephewCousinMother-in-lawFather-in-lawDaughter-in-lawSon-in-lawSister-in-lawBrother-in-lawStepmotherStepfatherStepsisterStepbrotherStepdaughterStepsonFriendBusiness PartnerOtherPlease SelectNoYes Add Remove
A co-guardian will serve together with any of the above individuals. Check all that apply. *This is optional*. Name a co-guardian to serve with my first choice Name a co-guardian to serve with my second choice Name a co-guardian to serve with my third choice Name a co-guardian to serve with my fourth choice Name a co-guardian to serve with my fifth choice
Durable Powers of Attorney appointed in sequential order below. If you were incapacitated for any period of time, who would you choose to handle your financial affairs? It is best practice to appoint at least two individuals. In the event you were to become incapacitated, this individual will be legally responsible for your financial & day to day affairs EXCLUDING healthcare decisions.OrderFull Legal NameRelationship Please SelectCharitable OrganizationSpouseDaughterSonMotherFatherSisterBrotherDomestic PartnerGranddaughterGrandsonGrandmotherGrandfatherAuntUncleNieceNephewCousinMother-in-lawFather-in-lawDaughter-in-lawSon-in-lawSister-in-lawBrother-in-lawStepmotherStepfatherStepsisterStepbrotherStepdaughterStepsonFriendBusiness PartnerOther Add Remove
Co-Agents serve together and may act independently or by majority action as determined by your selection below. Yes No
NOTE: If you want to list more than one Co-Agent to serve simultaneously with an Agent you have previously listed above then list the desired Co-Agent names in the spaces below separated by “and” (e.g. “John Doe and Jane Doe”). A co-durable power of Attorney will serve together with any of the above individuals. Check all that apply. *This is optional*. Name a Co-Durable Power of Attorney to serve with my first choice Name a Co-Durable Power of Attorney to serve with my second choice Name a Co-Durable Power of Attorney to serve with my third choice Name a Co-Durable Power of Attorney to serve with my fourth choice Name a Co-Durable Power of Attorney to serve with my fifth choice
Co-Agents serve together and may act independently or by majority action as determined by your selection below Yes No
Healthcare Powers of Attorney appointed in sequential order below. If you were incapacitated for any period of time, who would you choose to make healthcare decisions for you? It is best practice to appoint at least two individuals. In the event you were to become incapacitated, this individual will be legally responsible for your healthcare decisions.OrderFull Legal NameRelationship Please SelectCharitable OrganizationSpouseDaughterSonMotherFatherSisterBrotherDomestic PartnerGranddaughterGrandsonGrandmotherGrandfatherAuntUncleNieceNephewCousinMother-in-lawFather-in-lawDaughter-in-lawSon-in-lawSister-in-lawBrother-in-lawStepmotherStepfatherStepsisterStepbrotherStepdaughterStepsonFriendBusiness PartnerOther Add Remove
NOTE: If you want to list more than one Co-Agent to serve simultaneously with an Agent you have previously listed above then list the desired Co-Agent names in the spaces below separated by “and” (e.g. “John Doe and Jane Doe”). A co-healthcare power of Attorney will serve together with any of the above individuals. Check all that apply. *This is optional*. Name a Co-Healthcare Power of Attorney to serve with my first choice Name a Co-Healthcare Power of Attorney to serve with my second choice Name a Co-Healthcare Power of Attorney to serve with my third choice Name a Co-Healthcare Power of Attorney to serve with my fourth choice Name a Co-Healthcare Power of Attorney to serve with my fifth choice
Healthcare Powers of Attorney appointed in sequential order below. If you were incapacitated for any period of time, who would you choose to handle your financial affairs? It is best practice to appoint at least two individuals. In the event you were to become incapacitated, this individual will be legally responsible for your healthcare decisions.OrderFull Legal NameRelationship Please SelectCharitable OrganizationSpouseDaughterSonMotherFatherSisterBrotherDomestic PartnerGranddaughterGrandsonGrandmotherGrandfatherAuntUncleNieceNephewCousinMother-in-lawFather-in-lawDaughter-in-lawSon-in-lawSister-in-lawBrother-in-lawStepmotherStepfatherStepsisterStepbrotherStepdaughterStepsonFriendBusiness PartnerOther Add Remove
The purpose of this Gifts section is to dispose of all residuary real and personal property (other than gifts of specific real and personal property and charitable gifts to be discussed below). If applicable, it is common to leave property first to a spouse and then equally to children. If not applicable, in order to properly dispose of all real and personal property you will need to create a Share for each desired Primary Beneficiary. For example, if you wanted to leave all real and personal property to two (2) different Primary Beneficiaries you would select two (2) Shares below. Each Share must then be allocated a percentage (%) of the total value of all real and personal property such that in the aggregate all Shares add up to a total of one hundred percent (100%). You also have the ability to name an Alternate Recipient for any Share in the event a Primary Beneficiary should predecease you or is not in existence at your death. Similarly, the total value of all real and personal property for any Share allocated to an Alternate Recipient shall in the aggregate add up to a total of one hundred percent (100%).
How many shares will you divide your gifts into?(Required)OneTwoThreeFourFivePlease SelectHow many shares will you divide your gifts into?(Required)OneTwoThreeFourFivePlease SelectHow many shares will you divide your gifts into?(Required)OneTwoThreeFourFivePlease SelectHow many shares will you divide your gifts into?(Required)OneTwoThreeFourFivePlease SelectHow many shares will you divide your gifts into?(Required)OneTwoThreeFourFivePlease SelectIn the event your Spouse predeceases you, how many shares will you divide your gifts into?(Required)OneTwoThreeFourFivePlease Select
(These are gifts of all real and personal property other than specific gifts of property or charitable gifts of property which will be discussed below). Primary Beneficiary (Full Legal Name)Relationship/AffiliationPercentage (%)To Primary Beneficiarys descendants equally if deceasedPlease SelectCharitable OrganizationSpouseDaughterSonMotherFatherSisterBrotherDomestic PartnerGranddaughterGrandsonGrandmotherGrandfatherAuntUncleNieceNephewCousinMother-in-lawFather-in-lawDaughter-in-lawSon-in-lawSister-in-lawBrother-in-lawStepmotherStepfatherStepsisterStepbrotherStepdaughterStepsonFriendBusiness PartnerOtherPlease SelectNoYes
Alternate Recipients for First GiftIn the event a Primary Beneficiary you have named in the Gift section above shall predecease you or is not in existence at the time of your death, the Alternate Recipient is the individual(s) or entity(s) who will receive the Primary Beneficiary’s lapsed gift first (unless Primary Beneficiary’s descendants were selected above). Please insert the appropriate individual(s) or entity(s) and their corresponding percentages in the section below.
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(These are gifts of all real and personal property other than specific gifts of property or charitable gifts of property which will be discussed below)Primary Beneficiary (Full Legal Name)Relationship/AffiliationPercentage (%)To Primary Beneficiarys descendants equally if deceasedPlease SelectCharitable OrganizationSpouseDaughterSonMotherFatherSisterBrotherDomestic PartnerGranddaughterGrandsonGrandmotherGrandfatherAuntUncleNieceNephewCousinMother-in-lawFather-in-lawDaughter-in-lawSon-in-lawSister-in-lawBrother-in-lawStepmotherStepfatherStepsisterStepbrotherStepdaughterStepsonFriendBusiness PartnerOtherPlease SelectNoYes
Alternate Recipients for Second GiftIn the event a Primary Beneficiary you have named in the Gift section above shall predecease you or is not in existence at the time of your death, the Alternate Recipient is the individual(s) or entity(s) who will receive the Primary Beneficiary’s lapsed gift first (unless Primary Beneficiary’s descendants were selected above). Please insert the appropriate individual(s) or entity(s) and their corresponding percentages in the section below.
Alternate Recipients for Third GiftIn the event a Primary Beneficiary you have named in the Gift section above shall predecease you or is not in existence at the time of your death, the Alternate Recipient is the individual(s) or entity(s) who will receive the Primary Beneficiary’s lapsed gift first (unless Primary Beneficiary’s descendants were selected above). Please insert the appropriate individual(s) or entity(s) and their corresponding percentages in the section below.
Alternate Recipients for Fourth GiftIn the event a Primary Beneficiary you have named in the Gift section above shall predecease you or is not in existence at the time of your death, the Alternate Recipient is the individual(s) or entity(s) who will receive the Primary Beneficiary’s lapsed gift first (unless Primary Beneficiary’s descendants were selected above). Please insert the appropriate individual(s) or entity(s) and their corresponding percentages in the section below.
Alternate Recipients for Fifth GiftIn the event a Primary Beneficiary you have named in the Gift section above shall predecease you or is not in existence at the time of your death, the Alternate Recipient is the individual(s) or entity(s) who will receive the Primary Beneficiary’s lapsed gift first (unless Primary Beneficiary’s descendants were selected above). Please insert the appropriate individual(s) or entity(s) and their corresponding percentages in the section below.
Inheritance Age for Beneficiaries(Required)It is common to hold inherited assets in trust for beneficiaries under the age of 21 or for beneficiaries of any age who may have spendthrift issues. Doing so provides an element of asset protection for your beneficiaries. At what age is an individual beneficiary of your Last Will and Testament able to receive their respective inheritance outright and free from trust?twenty-one (21)twenty-two (22)twenty-three (23)twenty-four (24)twenty-five (25)twenty-six (26)twenty-seven (27)twenty-eight (28)twenty-nine (29)thirty (30)thirty-one (31)thirty-two (32)thirty-three (33)thirty-four (34)thirty-five (35)thirty-six (36)thirty-seven (37)thirty-eight (38)thirty-nine (39)forty (40)forty-one (41)forty-two (42)forty-three (43)forty-four (44)forty-five (45)forty-six (46)forty-seven (47)forty-eight (48)forty-nine (49)fifty (50)fifty-one (51)fifty-two (52)fifty-three (53)fifty-four (54)fifty-five (55)fifty-six (56)fifty-seven (57)fifty-eight (58)fifty-nine (59)sixty (60)sixty-one (61)sixty-two (62)sixty-three (63)sixty-four (64)sixty-five (65)sixty-six (66)sixty-seven (67)sixty-eight (68)sixty-nine (69)seventy (70)seventy-one (71)seventy-two (72)seventy-three (73)seventy-four (74)seventy-five (75)seventy-six (76)seventy-seven (77)seventy-eight (78)seventy-nine (79)eighty (80)eighty-one (81)eighty-two (82)eighty-three (83)eighty-four (84)eighty-five (85)eighty-six (86)eighty-seven (87)eighty-eight (88)eighty-nine (89)ninety (90)ninety-one (91)ninety-two (92)ninety-three (93)ninety-four (94)ninety-five (95)ninety-six (96)ninety-seven (97)ninety-eight (98)ninety-nine (99)one hundred (100)
These are specific items of real and/or personal property that you would like certain individuals, charities and/or other organizations to receive. These items would be separate and apart from the residuary gifts you have allocated to primary beneficiaries above. When describing the gift item you should be as descriptive as possible. Yes No
I give my (GIFT ITEM DESCRIPTION) to (BENEFICIARY’S NAME). NOTE: Any specific or charitable gifts listed in this section will be transferred to the corresponding designated beneficiary even if your Primary Beneficiaries (or Alternate Beneficiaries) listed above survive you. If you want your Primary Beneficiaries (or Alternate Beneficiaries) to collectively receive all of your property do not make any specific gifts. If you have specific or charitable gifts you would like to make to specific designated beneficiaries even if your Primary Beneficiaries (or Alternate Beneficiaries) survive you then specific or charitable gifts may be appropriate.GiftPrimary Beneficiary (Full Legal Name)Relationship/Affiliation Please SelectCharitable OrganizationSpouseDaughterSonMotherFatherSisterBrotherDomestic PartnerGranddaughterGrandsonGrandmotherGrandfatherAuntUncleNieceNephewCousinMother-in-lawFather-in-lawDaughter-in-lawSon-in-lawSister-in-lawBrother-in-lawStepmotherStepfatherStepsisterStepbrotherStepdaughterStepsonFriendBusiness PartnerOther Add Remove
What entity or person(s) would inherit your property in the event no beneficiary you have previously listed survives you or is in existence at your death?Full Legal Name(s), Name of Charity(s), and/or name of other Organization(s)Percentage (%) Add Remove
There are certain Restrictions & limitations on disinheriting a spouseFull Legal NameRelationship Please SelectCharitable OrganizationSpouseDaughterSonMotherFatherSisterBrotherDomestic PartnerGranddaughterGrandsonGrandmotherGrandfatherAuntUncleNieceNephewCousinMother-in-lawFather-in-lawDaughter-in-lawSon-in-lawSister-in-lawBrother-in-lawStepmotherStepfatherStepsisterStepbrotherStepdaughterStepsonFriendBusiness PartnerOther Add Remove
How many shares will you divide your gifts into?(Required)OneTwoThreeFourFivePlease SelectHow many shares will you divide your gifts into?(Required)OneTwoThreeFourFivePlease SelectHow many shares will you divide your gifts into?(Required)OneTwoThreeFourFivePlease SelectIn the event your spouse shall predecease you, how many shares will you divide your gifts into?(Required)OneTwoThreeFourFivePlease Select
Spouse Alternate Recipients for First GiftIn the event a Primary Beneficiary you have named in the Gift section above shall predecease you or is not in existence at the time of your death, the Alternate Recipient is the individual(s) or entity(s) who will receive the Primary Beneficiary’s lapsed gift first (unless Primary Beneficiary’s descendants were selected above). Please insert the appropriate individual(s) or entity(s) and their corresponding percentages in the section below.
Spouse Alternate Recipients for Second GiftIn the event a Primary Beneficiary you have named in the Gift section above shall predecease you or is not in existence at the time of your death, the Alternate Recipient is the individual(s) or entity(s) who will receive the Primary Beneficiary’s lapsed gift first (unless Primary Beneficiary’s descendants were selected above). Please insert the appropriate individual(s) or entity(s) and their corresponding percentages in the section below.
Spouse Alternate Recipients for Third GiftIn the event a Primary Beneficiary you have named in the Gift section above shall predecease you or is not in existence at the time of your death, the Alternate Recipient is the individual(s) or entity(s) who will receive the Primary Beneficiary’s lapsed gift first (unless Primary Beneficiary’s descendants were selected above). Please insert the appropriate individual(s) or entity(s) and their corresponding percentages in the section below.
Spouse Alternate Recipients for Fourth GiftIn the event a Primary Beneficiary you have named in the Gift section above shall predecease you or is not in existence at the time of your death, the Alternate Recipient is the individual(s) or entity(s) who will receive the Primary Beneficiary’s lapsed gift first (unless Primary Beneficiary’s descendants were selected above). Please insert the appropriate individual(s) or entity(s) and their corresponding percentages in the section below.
Spouse Alternate Recipients for Fifth GiftIn the event a Primary Beneficiary you have named in the Gift section above shall predecease you or is not in existence at the time of your death, the Alternate Recipient is the individual(s) or entity(s) who will receive the Primary Beneficiary’s lapsed gift first (unless Primary Beneficiary’s descendants were selected above). Please insert the appropriate individual(s) or entity(s) and their corresponding percentages in the section below.
Spouse – Inheritance Age for BeneficiariesIt is common to hold inherited assets in trust for beneficiaries under the age of 21 or for beneficiaries of any age who may have spendthrift issues. Doing so provides an element of asset protection for your beneficiaries. At what age is an individual beneficiary of your Last Will and Testament able to receive their respective inheritance outright and free from trust?twenty-one (21)twenty-two (22)twenty-three (23)twenty-four (24)twenty-five (25)twenty-six (26)twenty-seven (27)twenty-eight (28)twenty-nine (29)thirty (30)thirty-one (31)thirty-two (32)thirty-three (33)thirty-four (34)thirty-five (35)thirty-six (36)thirty-seven (37)thirty-eight (38)thirty-nine (39)forty (40)forty-one (41)forty-two (42)forty-three (43)forty-four (44)forty-five (45)forty-six (46)forty-seven (47)forty-eight (48)forty-nine (49)fifty (50)fifty-one (51)fifty-two (52)fifty-three (53)fifty-four (54)fifty-five (55)fifty-six (56)fifty-seven (57)fifty-eight (58)fifty-nine (59)sixty (60)sixty-one (61)sixty-two (62)sixty-three (63)sixty-four (64)sixty-five (65)sixty-six (66)sixty-seven (67)sixty-eight (68)sixty-nine (69)seventy (70)seventy-one (71)seventy-two (72)seventy-three (73)seventy-four (74)seventy-five (75)seventy-six (76)seventy-seven (77)seventy-eight (78)seventy-nine (79)eighty (80)eighty-one (81)eighty-two (82)eighty-three (83)eighty-four (84)eighty-five (85)eighty-six (86)eighty-seven (87)eighty-eight (88)eighty-nine (89)ninety (90)ninety-one (91)ninety-two (92)ninety-three (93)ninety-four (94)ninety-five (95)ninety-six (96)ninety-seven (97)ninety-eight (98)ninety-nine (99)one hundred (100)
Assets include: Bank Accounts, Stocks or Bonds, Retirement Accounts, Real Estate, Business Interest, Life Insurance Policies, Umbrella Policies, Receivables, Disability Insurance, Long Term Care Policies, Annuities, or Personal Property.
Bank Accounts Stocks and Bonds Retirement Accounts Business Interests Real Estate Receivables Life Insurance Policies Umbrella Policies Disability Insurance Policies Annuities Long Term Care Policies Personal Property
The values listed are for discussion purposes only, yet it is beneficial to be as accurate as possible. Identify each asset as, joint ownership, Individually owned, revocable trust, or irrevocable trust (such as a life insurance trust). Cash and Cash Equivalents. Identify the type of account, checking account, savings account, certificate of deposit, money market account. Do not include IRAs or 401(k)s here. Financial InstitutionOwnerMarket ValueAccount Type Individually OwnedJoint OwnershipRevocable TrustIrrevocable TrustChecking AccountSavings AccountCertificate of DepositMoney Market Add Remove
Publicly Traded Securities, Brokerage Accounts and Security Accounts. List any and all stocks and bonds you own. If held in a brokerage account, identify the account rather than the assets within the account. Do not include IRAs, 401(k)s, or other tax qualified accounts or annuities here. Name and Account TypeOwnerMarket Value Individually OwnedJoint OwnershipRevocable TrustIrrevocable Trust Add Remove
Identify type of account: pension, profit sharing, IRA, Roth IRA, SEP, 401(k) or 403(b). Note: Do NOT include annuities here – that information goes in a later section.NameOwnerBeneficiaryMarket ValueAccount Type Individually OwnedJoint OwnershipRevocable TrustIrrevocable TrustPensionProfit SharingIRARoth IRASEP401(k)403(b) Add Remove
List all closely held business interest that you have. Identify the type of business, Limited Liability Company, General Partnership, Limited Partnership,S Corporation, C Corporation. Name of BusinessOwnerType% of OwnershipMarket Value Individually OwnedJoint OwnershipRevocable TrustIrrevocable TrustLimited Liability CompanyGeneral PartnershipLimited PartnetshipS CorporationC Corporation Add Remove
Identify the Owner of an asset: Joint ownership, Individually owned, revocable trust, irrevocable trust (such as a life insurance trust)Type of Real PropertyOwnerMarket ValueDebt Individually OwnedJoint OwnershipRevocable TrustIrrevocable Trust Add Remove
Identify the Owner of a debt: Joint ownership, Individually owned, revocable trust, irrevocable trust (such as a life insurance trust)Name of DebtorOwnerMarket ValueDebt Individually OwnedJoint OwnershipRevocable TrustIrrevocable Trust Add Remove
List the issuing company. To identify type of contract, term insurance, cash value, burial policies, accidental death policies. Insurance CompanyTypeOwnerInsuredBeneficiaryCash ValueDeath Benefit Term InsuranceCash ValueBurialAccidental Death Policies Add Remove
Umbrella Coverage, enter coverage amount.(Required)Disability Insurance, enter coverage amount.(Required)Long Term Care Policy, enter the $ amount per month for the number of months the policy covers.(Required)
List all annuities. Cost basis refers to the total investment in this account by the owner. CompanyOwnerAnnuitantBeneficiaryCost BasisCurrent Value Individually OwnedJoint OwnershipRevocable TrustIrrevocable Trust Add Remove
DescriptionOwnerMarket ValueDebt Individually OwnedJoint OwnershipRevocable TrustIrrevocable Trust Add Remove
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On behalf of {Law Firm:304}, I want to thank you for selecting us to represent you in connection with your estate planning needs. We are pleased that you have selected us to represent you and appreciate the confidence that you have placed in us by doing so.
At the outset of each new engagement, it is our custom and practice to memorialize your retention of us as your attorneys and to clarify the nature and extent of our professional undertaking and the essential business terms of our relationship.
Lawyers are required, under the Rules of Professional Conduct, when beginning the representation of a client, to communicate to the client the basis for their fees and the rates they will charge. We determine the legal fees that we will charge a client by considering many factors. The factors we consider include:
(1) the difficulty and complexity of the questions and legal issues presented; (2) the time spent to analyze the facts and documents; (3) the legal research that is required; (4) the time limitations that are imposed by the particular case or circumstances; and (5) the degree of responsibility involved to manage the particular case.
Some of the activities that we will charge a client for include:
(1) the time spent to attend court proceedings and meetings; (2) the time spent to meet with the client; (3) the time spent to prepare motions and other pleadings; (4) the time spent to prepare letters and other correspondence; and (5) the time spent on telephone calls with the client and other parties involved in the particular case.
This firm will be charging you a one-time fee of {Total:300} to have a twenty (20) minute virtual appointment to review and revise (as applicable) the fill-in-the-blank, self-help, documents, forms and templates generated by the non-law firm, technology platform SimpleWill, LLC (“SimpleWill Documents”).
Should you need any assistance to include, but not be limited to, the following: drafting a living trust, drafting other estate planning documents, drafting deeds, changing beneficiaries of life insurance policies and/or retirement accounts, adding payable on death designations to financial accounts and/or any other activity related or unrelated to the implementation of your estate plan, this firm will be charging you separately on terms to be represented by separate written agreement between you and the firm.
This Firm’s fees are exclusive of any filing fees or other costs associated with this representation, which will either be paid directly by you or be submitted to you for payment by invoice as agreed to you by you and this Firm on a cost by cost basis. You expressly authorize the Firm to charge to and/or debit from any credit/debit card (as applicable) that you provide in such amounts equal to any legal fees and/or other necessary fees or costs to complete the Scope of Work. This permission does not provide authorization for any additional unrelated debits or credits to or from your credit/debit card (as applicable) for matters outside of the Scope of Work.
This Firm is agreeing to represent the client (and spouse as applicable) listed below in this engagement. This Firm is not representing the interests of any other person or entity not specifically named herein. You have retained the Firm for the specific purposes of conducting a twenty (20) minute virtual appointment to review and revise (as applicable) the SimpleWill Documents to include the following (the “Scope of Work”):
(a) Last Will & Testament (b) General Durable Power of Attorney (c) Healthcare Power of Attorney (d) Living Will (e) HIPAA Authorization (f) Personal Property Memorandum Specifically excluded from the Scope of Work is any responsibility on behalf of the Firm to confirm that the SimpleWill Documents (whether or not revised per this agreement) are in fact executed by the client and the parties to this agreement expressly agree that any and all responsibility to execute the SimpleWill Documents shall be exclusively the responsibly of the client and not the Firm. The foregoing shall serve as a permissible limitation of the scope of representation under Rule 1.2(c) of the Arkansas Rules of Professional Conduct and the client’s execution of this engagement letter shall evidence and confirm client’s informed written consent of the same. Notwithstanding the foregoing, contemporaneously with the provision of the SimpleWill Documents, the Firm will provide client a detailed set of document execution instructions and client’s subsequent compliance with said execution instructions shall result in compliance with all legal formalities under Arkansas law. If you wish for this Firm to provide services in addition to those stated herein and above, an amended engagement letter will need to be executed specifically stating the scope of any additional services to be provided as well as the cost associated with the same.
Communication and Cooperation: In furtherance of this engagement, we will render professional services and provide legal counsel to you on behalf of you in accordance with the terms of this engagement letter in reliance upon the information and guidance that you provide to us concerning your objectives in this engagement. In order for us to effectively represent you in this engagement, you agree to cooperate fully with us in all matters relating to this engagement and to fully and truthfully disclose to us all facts, documents, materials and information that may be relevant to this engagement or that we may otherwise reasonably request in connection therewith. You also agree to make yourself reasonably available to communicate and confer with us as may be deemed necessary from time to time given the nature of this engagement and your objectives regarding the same.
Your failure to communicate and cooperate with us in this respect could have an adverse effect on our ability to effectively and efficiently represent your interests in this matter and may require that we suspend the rendition of further services in respect of, or entirely withdraw from, this engagement. You further understand that your failure to provide information, to cooperate with us or to fulfill your duties during the pendency of this matter may increase the cost of the legal services we render. Limitations on Engagement: Unless otherwise expressly stated herein, it is understood and agreed that you are not relying upon us for investment/accounting advice or decisions or to investigate the character or credit of any persons with whom you are or may be dealing in connection with this matter.
Conflicts of Interest: This Firm has represented, and continues to represent many different individual, partnership, corporate and other organizational clients with various interests in numerous businesses and industries. Accordingly, it is possible that during the course of our representations of your interests in this engagement you may become involved in transactions or disputes with other clients of our Firm in which your interests are or become adverse to the interests of one or more of our other clients, whether present or future. If such a conflict between your interests and those of another of our clients, whether present or future, were to arise, we will promptly notify you of that circumstance as soon as we become aware of the same. However, we reserve the right, on account of any such conflicts of interest, to withdraw from this engagement and represent the interests of another client of this Firm whose interests are in conflict with yours or, if required by the Rules of Professional Conflict adopted by the Arkansas Bar, or otherwise deemed by us to be professionally appropriate, to withdraw from the representation of both clients in the particular matter in or with respect to which such conflict of interest arises. Should we withdraw from representation and terminate this engagement pursuant to a conflict of interest, you will be entitled to a refund of any and all monies remitted to the Firm pursuant to this agreement and relating to the Scope of Work herein.
Waiver of Future Conflicts: It is a condition of our acceptance of this engagement that you understand and agree that this Firm may continue to represent, or may undertake in the future to represent, any existing or future clients(s) in any matter which is not substantially related to the particular matter that we are handling for you in this engagement, even if the interests of such client(s) in such other matter(s) may be directly adverse to your interests, and even if such other matters involve or ripen into litigation. You should know, and are hereby advised, that in similar engagement letters with many of our clients, we have asked for and obtained similar waivers of future conflicts in order to preserve our ability to continue to represent you in similar circumstances. We agree, however, that your prospective agreement and consent to such conflicting representations shall not apply in any instance where, as the result of our representation of you, we have obtained sensitive, propriety or other confidential information of a non-public nature that, if known to any such other client, could be used to your material disadvantage.
Termination of Engagement: Either party may terminate this agreement with or without cause and at any time upon giving written notice to the other party. Unless the Firm withdraws from representation and terminates this agreement due to a conflict of interest, the termination of this agreement will not affect your obligation to pay for the legal services we have rendered pursuant to the terms of this agreement. The parties agree that upon the client’s submission of the SimpleWill online interview, any legal fees paid pursuant to this engagement letter shall be deemed earned when paid for legal services rendered. Notwithstanding the foregoing, we retain the discretion to provide full or partial refunds of the same unless we determine a conflict of interest exists such that we must withdraw from representation and provide a full refund of any and all monies remitted to the Firm pursuant to this agreement and relating to the Scope of Work herein. In any event, upon termination of this engagement or the conclusion of this engagement, this Firm shall no longer be under any duty and/or obligation to perform or render professional services to you under this agreement. This Firm will retain a full copy of your file in this matter, in electronic and/or paper format, for a period of five (5) years following the termination and/or conclusion of this Firm’s representation of you in this matter, or for a longer period if required by applicable law. At the conclusion of such five (5) year time period, your file will be destroyed. We will likewise have, and hereby reserve, the same right of termination of or withdrawal from this engagement (and any other representation of you) at any time and for any reason (including, without limitation, non-payment or untimely payment of our fees and/or expenses), subject only to leave of court (if required) and those obligations imposed upon us by the aforesaid Rules of Professional Conduct, including the obligations on our part to provide you with reasonable notice of any such termination of or withdrawal from this engagement. If we elect to exercise such right of termination or withdrawal, we will provide reasonable assistance to you in the transition of your representation to any successor attorney whom you may engage to handle the matter which is the subject of this engagement. Upon your written request in any format, we will promptly surrender to you (or, upon receipt of written authorization from you, to any such successor attorney whom you may so engage) your original file or a copy of your file, including any documents, papers, funds and/or other property then in our possession to which you may be entitled: subject to our right to retain and/or copy any such documents, papers, funds and/or other property in our possession to the extent permitted by applicable law. You agree to bear all costs of copying and delivery of your file that is incurred by this Firm.
Attorney-client Privilege: Any communications between you and anyone at this Firm regarding legal advice are covered by the attorney-client privilege and neither you nor we can be compelled to divulge the substance of those conversations at a deposition or at trial. The privilege is to your advantage. Although we cannot choose to waive the privilege, you may do so if you wish. One way for you to waive the privilege is by you repeating private conversations between us with other individuals whom we do not represent. Another way of waiving the privilege is by having third parties whom we do not represent be present, either in person or on the telephone, during conversations between us. If you choose to waive the privilege, you or we may be compelled to testify as to the substance of all conversations that we have ever had and be compelled to reveal any advice or strategy we may have discussed at any time during our representation of you. This would work to your serious disadvantage and impair our ability to effectively represent you. Therefore, we strongly urge you to be cautious and to not waive the protections of the attorney-client privilege.
This agreement contains our full and complete understanding with respect to the subject matter hereof. This agreement supersedes all prior representations and understandings whether written or oral. The laws of the State of Arkansas in all respects shall govern this agreement. If any of the terms of this letter are unclear to you, please contact me before signing your approval to the letter. If the above-stated description of the services that our Firm has agreed to provide is accurate, please sign your approval in the space provided below, so that we have written memorandum of our mutual understanding. A fully executed copy of this agreement will be sent to you and we suggest retaining a copy of this agreement for your files.
The parties agree that this engagement agreement shall constitute a validly executed and binding contract in compliance with and pursuant to the Arkansas Uniform Electronic Transactions Act A.C.A § 25-32-101 et. seq.
We appreciate your choosing {Law Firm:304} for this engagement, and we look forward to working with you.
Sincerely yours, {Law Firm:304} {Lawyer Name:315}
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