the estate planning source independent attorney network · 1. become a network affiliate attorney...
TRANSCRIPT
The Estate Planning Source
INDEPENDENT Attorney Network
As an attorney in our Licensed Attorney Network, you will be able to provide the finest
estate planning document packages available to your clients, matured through more than
1,000 Network attorneys, and utilize our excellent support services as your back office.
Our system allows you to build the estate planning portion of your business by receiving
referrals from our network of Independent Advisors, save valuable time on research of
federal law changes, and reduce the cost of generating new clients.
Attorneys and financial advisors work together to efficiently provide estate planning
services without violating the Unauthorized Practice of Law (UPL) rules. Attorneys are
good individual counselors to clients, strong in finding the right legal paths to take, but
generally do not focus in the areas of providing client seminars or marketing. This is
where our team approach becomes advantageous. We have a streamlined process that
allows you to work with a number of financial advisors in your area, effectively building
this portion of your business.
Once you feel you are familiar enough with the system to create customized documents for your
client confidently, let us know. We will then inform financial professionals in your area so they
can begin referring clients to you.
1. Become a Network Affiliate Attorney and receive a custom software program
designed to generate documents by state, a sample client Workbook, and a sample
trust (full binder) for your state.
2. Input the client information into the software; send the information electronically
to our main office.
3. We will prepare the documents and ship them by FedEx to your door within 2
weeks. An email with a PDF attachment of the trust will be sent to you
automatically upon shipping. Please note: We will work with each attorney on
special requests, for example, we are happy to email a draft of the documents prior
to print for any additional changes at no charge.
Independent
A training course is included in your setup fee, The Basic Institute for Estate
Preservation is offered online. It is necessary to complete this course within
your first year of affiliation. We require this course because we have found it to
be extremely valuable in your performance and success. We’ve gathered nearly 30 years of proven results.
You will have access to resources such as forms, marketing materials, workbooks,
etc. to assist you with the client process and help you in your business.
We offer free referrals/leads to our trusted Network attorneys that are generated
through The Living Trust book and through our website,
www.theestateplanningsource.com.
We offer expert support for client estate planning solutions (strategy),
developing business strategies, tracking changes in federal law and tax code
that will impact the industry, and keeping you alert of the changes through
email, your Affiliate membership to the website, and our newsletter The Source.
ACCESS TO ALL: Articles, E-newsletter, Videos, Seminars, Case Studies, Tools
and the Affiliate Resource Center.
1. Complete the application and submit it by faxing to 775-828-4444 or emailing to
2. Once we receive the application, we will review and approve it. We will contact you
upon approval and payment. (Any application that is not accepted will receive a full
refund or not be processed.)
3. We will send, by FedEx ground, your custom software, a sample trust (full binder)
for your state, Basic training manual, a sample client workbook, and The Living
Trust book by Henry Abts III. Included in your setup f e e is our educational
training course; The Basic Institute for Estate Preservation.
Benefits of Affiliation
Detailed and comprehensive, these documents have been developed through years of hands-on
improvement by hundreds of attorneys throughout the US resulting in thousands of satisfied
clients. They are drafted to ensure accuracy with current state and federal laws, and are
updated as changes occur.
The Revocable Living Trust contains over 222 carefully worded provisions so that the trust can
accommodate a client’s changing circumstances and to cover additional contingent situations
without needing to be legally modified. The trust is also universal; that is applicable in all 50
states, for a client may eventually own property in or even move to another state.
Here is a list of what our Revocable Living Trust includes:
1 set of Ancillary Documents per person (DPOA for assets, DPOA for healthcare or Advanced
Directive, Living Will, Nomination of Conservator, Appointment of Guardian, and Anatomical
Gift)
Abstract of Trust
Trust Certification
Pour-Over Will
Assignment of Furnishings and Personal Effects
1 three-ring professional quality binder with tabs and inserts
1 set of quality documents with Plain English summaries
Single A Trust
Married A Trust
Married/Unmarried AB Trust
Married ABC Trust
A Q-TIP Trust (for married person)
Partner AA Trust
Partner AB Secure Trust (for Domestic Partners)
Complete Amendment
Partial Amendment
Professional Documents
There are a number of other legal documents that are not legally required parts of the Living Trust but which should be included in or with the Trust to provide for future contingencies. Our ancillary documents offer you additional control. These documents are so vital; they are included, at no additional charge as part of your comprehensive document package.
Pour-Over Will Living Will Durable Power Of Attorney For Health Care Durable Power Of Attorney For Assets Nomination Of Conservator/Guardian Appointment Of Guardian Anatomical Gift
Because many individuals have needs that go beyond basic estate planning, we offer numerous Advanced Estate Planning Solutions that can be incorporated into the overall estate plan. These documents should be considered as a supplement to the Living Trust to shelter the estate from unnecessary estate taxes.
Asset Management Trust (Spendthrift Trust) Beneficiary Trust (Dynasty) Buy/Sell Agreement Catastrophic Illness Trust (Medicaid Planning Trust) Charitable Remainder Trust Family Catastrophic Illness Trust Gift Trust Insurance Preservation Trust- Spousal Support (ILIT) Insurance Preservation Trust (ILIT) IRA/Qualified Plan Trust Land Trust Special Needs
Many individuals have needs for very basic estate planning. We provide a simple will option
that includes the appropriate ancillary documents for their state.
1 | P a g e
We do not authorize anyone to practice law without a license; it is incumbent for you to know and
understand this. Violation of the law will constitute grounds for immediate revocation of all contracts
with us, and more seriously, could lead to civil liability and even criminal issues. The following is
designed to give you a basic understanding of what we believe constitutes the unauthorized practice of
law. We highly recommend that you review the finer aspects of the law as it pertains to your state.
It is important for you to know who acts in the capacity as the legal counsel for the client. Only a
properly licensed attorney authorized to practice law can create the legal documents and answer your
client’s legal questions. Only an attorney in good standing in your state may represent a client’s legal
interests. That attorney must have no financial interest or obligation to you or anyone else who may refer
that client to the attorney.
Advisors, planners, accountants and insurance agents may only provide general information about estate
planning concepts to a client by utilizing informational materials. Should a client express an interest in
obtaining a revocable living trust or other estate planning documents or strategies, you may, with a
licensed attorney’s approval, provide them with a copy of the client workbook. (NOTE: In certain states
you may not ask the client for the information or otherwise assist in the completion of the workbook; be
sure to check with a licensed attorney to determine what the approved procedures are in your state.)
If you are giving a seminar, you should have counsel present and introduce counsel as an attorney who
could represent them and who is licensed and authorized to use the Master Documents crafted by us.
However, counsel does not need to participate in the seminar, since the seminar should simply be an
educational forum disseminating general information, unless there are specific legal questions that must
be answered by counsel.
A special workbook with references to pages in The Living Trust book by Henry W. Abts III has been
developed to assist the client in providing information and their estate planning desires to counsel. The
client must complete the workbook of his/her own volition. It is the licensed attorney who must
determine whether the client is proceeding under undue influence, lack of capacity, or some other
testamentary impairment. It is the licensed attorney who must make a determination of what, if any,
estate planning would be appropriate for a particular client.
Remember, the planner must at all times operate independently of us and the licensed attorney. You
are not an employee or agent of either, nor are you authorized to bind or speak on behalf of either.
Once the attorney/client relationship is established, the licensed attorney has a duty to exercise
independent, professional judgment on behalf of the client. This means that it is the attorney who has
the authority and the duty to recommend a particular estate planning program to a client.
2 | P a g e
Unless otherwise specified by the particular laws of your state or local Bar Association, the following format will apply:
1. The licensed attorney for the client is the individual who determines that a revocable living trustand/or other estate planning alternative is appropriate for the client.
2. Planners will avoid giving specific legal advice. The planner may say, for instance, “Based on theexamples I have shown you, a living trust was appropriate for many people in similar situations.However, your licensed attorney, {name}, will review the information you have provided and contactyou prior to making a final decision on whether or not to proceed with a living trust or other estateplanning documents.”
3. If the client has any questions about the specific legal consequences of a living trust or any aspect ofthe law, you should refer them to a licensed attorney.
4. A planner should only give general information when meeting with the client, explain the workbookand assist the client in gathering the personal and financial information. (The client should complete the workbook.) It is recommended that the planner contact the licensed attorney, become familiar with theway that attorney likes to do business, and obtain a letter from that attorney authorizing you toprovide the workbook to the client and collect the personal and financial information.
5. Upon completion of the workbook and Terms and Agreements disclosure form, copies are to beforwarded to the licensed attorney with the client’s payment made payable directly to the licensedattorney for the preparation of the appropriate estate planning strategies. Copies of deeds should beforwarded to the licensed attorney as well so that titled property may be transferred to the trust. Theclient pays the licensed attorney, because the licensed attorney is representing the client. Failure toensure the creation of this attorney-client relationship exposes the planner and the licensed attorneyto potential claims for engaging in, or aiding and abetting, the unauthorized practice of law.
6. The client will always make 2 separate payments: one to the licensed attorney as per his/her retainerfee schedule and one to the planner for financial or other services rendered.
7. The licensed attorney will make contact with the client to determine which type of trust, if any, isappropriate for the client. They will verify that the client data is correct, to ascertain that the clienthas provided all necessary and vital information, and will determine the mental capacity of the client.The licensed attorney will provide the client and the planner with a Mini-Summary of the proposedestate planning documents, if the licensed attorney deems it appropriate. The licensed attorney will beavailable to answer all the client’s legal questions.
8. Finally, the client will receive two sets of final documents. In many cases, if permitted by the licensedattorney and the rules of your state, you may conduct the final execution, notarization and funding ofthe trust. In IOWA, ILLINOIS and SOUTH CAROLINA, the licensed attorney must be present forexecution. A duplicate copy will be provided for the attorney’s file.
We provide 2 types of Institutes: The Basic Institute for Estate Preservation and The Advanced Institute for Estate Preservation. We understand there are innumerable needs that surpass the limits of the Living Trust. These needs stem from ongoing changes in federal tax code, state tax changes, and the need to protect children and individuals with special needs, and to protect assets and/or businesses from potentially devastating consequences. Our network Advisors and Attorneys are held to the highest standards and are committed to providing the finest and most versatile products to meet everyone’s needs.
THE BASIC INSTITUTE FOR ESTATE PRESERVATION
The Basic Institute is a professional training course that offers a solid education on living trusts, solutions for higher net worth clients using advanced planning concepts, how to properly execute and fund a revocable living trust, steps for estate settlement, available marketing materials and how to use them, and where to look to potentially unlock new business.
THE ADVANCED INSTITUTE FOR ESTATE PRESERVATION
The Advanced Institute is a professional training course that offers an extensive education on current topics affecting your estate planning practice. Each subject is presented by an expert in the industry. We cover topics such as Medicaid, settlement, advanced planning techniques, veterans planning, when a corporate trustee is necessary, the power of trust provisions and more. The Basic Institute course is preferred prior to attending this course.
General Overview of Estate Planning Estate Planning Concepts and Trusts Marketing Roles and Relationship Building- Attorneys & Advisors An In-Depth Review of our Living Trust Documents Binder Settling the Estate Handling High Net-Worth Clients Special Needs Planning, Medicaid Solutions & Building Wealth over Generations Pricing, Processing and Delivery of the Trust Execution and Funding Trust Amendments Ethics – Advisors & Attorneys Working Together Advisor and Attorney Support Case Studies
“I have been working in the trust business for 13 years and thought I knew everything! Boy was I wrong. This conference opened my eyes and mind on areas I never knew. It was great for me and even better for my clients! Thanks.” E. Evans, TX
“Even though I am an attorney, the materials presented gave me a more complete understanding of this area than I have received anywhere else.” D. Moore, UT
“Within days after attending the Estate Planning Source’s Basic Institute, I was able to bring my business and reputation to a higher level. I have had 100% success implementing living trusts with my current clients and have been acquiring new clients with ease.” C. Bennett, NH
“As a trusted advisor for my clients, it is my duty to help them grow and protect their estates. I would be doing an injustice by not educating them about the trust planning solutions they need. As an Independent Advisor of the Estate Planning Source, I have all the resources and solutions!” M. Abbott, NH
“Absolutely essential for anyone wanting to educate people on Living Trusts. Created a great desire to assist and help those who are most vulnerable to estate shrinkage.” R. Mortensen, IL
“If you wish to learn about a process to avoid probate, you MUST attend this Institute. I promise you will not be disappointed.” R. Coloni, FL
“If you want to deepen your understanding of Living Trusts and be passionate about helping your clients in this area, you need to attend an Institute.” J. Beckett, SC
“The Estate Planning Source is an invaluable tool for any attorney who has the best interest at heart of their clients to provide the most comprehensive documents as well as the education to support it. The resources supplied at the Institute can immediately be put into place and most importantly provide instant credibility to the attorney.” S. Winters, NC
“The Estate Planning Source is dedicated to educating the public and (I could tell this through their program) dedicated to assisting advisor and attorneys, while enabling us to add another service to offer clients and becoming more successful ourselves.” S. Hays, TX
“One of the best workshops I’ve been to.” W. Dottenwhy, MN
For more information on upcoming institutes please visit our website at theestateplanningsource.com.
Fee Schedule Effective January 1, 2017
Client Pays Advisor for
FP, Consulting or Other
Non-legal Services
Client Pays
Attorney Directly
Total Cost to
Client
Attorney Pays
TEPS
Discretion of Advisor* Discretion of Atty** Example(A+B=C) Doc Fee
Revocable Living Trusts Packages (Includes 1 set of Ancillary Documents per person) (A) (+B) (=C)
Single A Trust 0-1500 1150-1500 1150-3000 750
Married A Trust 0-1500 1300-1500 1300-3000 750
Married/Unmarried AB Trust 0-1500 1300-1500 1300-3000 750
Married ABC Trust 0-1500 1300-1500 1300-3000 750
A Q-TIP Trust (For married person) 0-1500 1300-1500 1300-3000 750
Partner AA Trust (2 Separate A Trusts/One Binder) 0-1500 1300-1500 1300-3000 750
Partner AB-Secure Trust (Partner-DOMA States use Married Trust) 0-1500 1300-1500 1300-3000 750
Deed Transfers = $_________ each (Obtain fee from attorney)
Special Estate Preservation Vehicles (SEPVs) and Trust Additions
PACKAGES - Any combination of SEPVs (for existing TEPS client or with RLT package for new clients) Open Open Open 1,000
Asset Management Trust (Spendthrift Trust) 0-600 1000-1200 1000-1800 600
Beneficiary Trust (Dynasty Trust) 0-600 1000-1200 1000-1800 600
Buy/Sell Agreement 0-600 1000-1200 1000-1800 600
Catastrophic Illness Trust (Medicaid) 0-600 1000-1200 1000-1800 600
Charitable Remainder Trust 0-600 1000-1200 1000-1800 600
Family Catastrophic Illness Trust 0-600 1000-1200 1000-1800 600
Family Limited Partnership 0-600 1000-1200 1000-1800 600
Gift Trust 0-600 1000-1200 1000-1800 600
Insurance Preservation Trust - Spousal Support (ILIT) 0-600 1000-1200 1000-1800 600
Insurance Preservation Trust (ILIT) 0-600 1000-1200 1000-1800 600
IRA/Qualified Plan Trust 0-600 1000-1200 1000-1800 600
Special Needs Trust 0-600 1000-1200 1000-1800 600
www.theestateplanningsource.com 1.800.292.0223
Suggested Fee ScheduleNot to be Used For Client Contact - For Advisor Reference Use Only
*Advisor may only participate and be paid for non-legal aspects of the process: a) developing client relationships, b) education of basic principles, c) collectionof information and coordinating communication, d) assist with the execution of the trust documents where allowed, e) funding of the trust **Attorney may set fees. Before proceeding, contact attorney for his/her fees. Note: In Pennsylvania, Attorney will bill client directly for services rendered Fees are Suggested only, and can vary based on professional preference and/or what your market will support (See FAQ Below)
Fee Schedule Effective January 1, 2017
Client Pays Advisor for
FP, Consulting or Other
Non-legal Services
Client Pays
Attorney Directly
Total Cost to
Client
Attorney Pays
TEPS
Discretion of Advisor* Discretion of Atty** Example(A+B=C) Doc Fee
Special Estate Preservation Vehicles (SEPVs) and Trust Additions - Continued
Nevada Asset Protection Trust Call for pricing
Separate Property Agreement 0-50 200 200-250 100
Generation Skipping Trust - Can be added to a Trust Package at no charge n/c n/c
Trust Protector - Can be Added to a Trust Package at no charge on request n/c n/c
Amendments
Partial Amendment (1 or more sections of Trust)
TEP Trusts only 0-200 400 400-600 200
Complete Amendment (Discount for TEP/S Trusts Only-others standard
pricing) 0-400 800 800-1200 400
Ancillary Document Sets
Complete Ancillary Document Package - Single/1 set 0-100 200 200-300 100
Complete Ancillary Document Package - Married/2 sets 0-200 400 400-600 200
Individual Ancillary Document (i.e. Only DPOA, etc.) 0-25 50 each 50-75 25 each
Will with Ancillary Documents Package
Simple Will with Ancillaries - Single Individual Open 600-800 600-800+ 300
Simple Will with Ancillaries - Married Couple Open 600-1000 600-1000+ 300
Special Processing & Miscellaneous Fees
Expedite (4 day processing maximum- please notify us when sending) 400 Open 300
Reprint of Final Documents 100 Open 100
Reprint Page(s) Open 50
Draft: Printed and Shipped Open 100
Customization or Changes after final shipped Call for pricing
Shipping Charges Overnight 2-DAY 3-DAY
Ground Shipping Charges (included with document orders)
Special Shipping Charges Actual Cost - $70+/- Actual Cost $50+/- Actual Cost $35+/-
www.theestateplanningsource.com 1.800.292.0223
(Includes DPOAA, DPOHC or Advance Directive, Living Will, and Nomination of Conservator. Pour-Over Will may be added on request at time of order - NOT a stand-alone Last Will and
Testament.)
Includes Last Will and Testament, DPOAA, DPOHC or Advance Directive, Living Will, Nomination of Conservator, and Appointment of Guardian (if necessary)
FAQ: There is no requirement for an advisor to charge any client fees. The attorney and advisor are free to charge as they wish, or is typical for their market.
1 | P a g e Revised Jan. 2016 theestateplanningsource.com
Section II Professional Information
Please Circle All Designations/Certifications/Licenses That Apply To You
Section I Personal Information
Business Address Residential? (Circle one) Yes No
Street Address
City State
Zip Code County
Phone Fax
shipping Address (if different from your business address, not a PO Box)
Street Address
City State
Zip Code County
Phone Fax
CPA CFP CLU ChFC Real Estate Broker CSA
Series 6 Series 7 Series 22 CEP RIA RFP
Broker/Dealer
Other
ATTORNEYS ONLY (These two boxes)
Admission Date & State Bar #
States Admitted
Social Security #
Tax Payer ID #
First Name
Last Name
Title
Company
2 | P a g e Revised Jan. 2016 theestateplanningsource.com
Please Circle All Products/Services That Apply To You
Securities Mutual Funds Legal Estate Planning Annuities Banking
Tax Services CD’s Broker/Dealer Trusts IRA’s Pension Plans
Wills/Probate Other
1. How did you hear about us?
2. Have you ever had any disciplinary or legal action, past, current or pending, by any State
Agency taken against you or your firm? If yes, please explain below.
Section III Affiliation Set-up
One Time Set-Up Fee: $695.00
Affiliate Website Membership: Included Free
Annual Affiliate Membership Fee: $175.00/year, (Waived the first year, billed annually)
When you sign up as an Affiliate, you are signing up as an affiliate in our advisor and attorney
network in which you also receive a “Affiliate” membership to our website,
TheEstatePlanningSource.com. The Affiliate membership is the highest level of membership in
the website, giving you access to a back-office with many useful tools and business resources. You
will be charged $175 annually through automatic renewal at the end of your fiscal year from
the date of sign up for your continued affiliate level membership. This includes all affiliate level
features, benefits and resources.
Upon sign up you will receive the following items to get you started:
Live Basic Training Institute Tuition - First Year
Personal Estate Preservation binder for your state (Sample Doe trust)
The Living Trust book, by Henry Abts III
Personal Estate Preservation Workbook
Sample client informational brochures
Access to Quick-Start Training Program Site
Access to Affiliate Level Membership Resource Program
3 | P a g e Revised Jan. 2016 theestateplanningsource.com
1. Credit Card online (VISA, MASTERCARD or AMERICAN EXPRESS)
Credit Card #:
Expiration Date:
Name on Card:
Signature:
2. PERSONAL OR COMPANY CHECK (Make payable to the Estate Planning Source, Mail to address below)
If submitting a check, please provide a credit card for the 175.00 annual maintence fee billing below. The first year is included in your setup.
Credit Card #:
Expiration Date:
Name on Card:
Signature:
Please return application by email to [email protected], mail to: 5301 Longley Lane,
Suite D-150, Reno, NV 89511 or FAX to 775-828-4444.
PLEASE INCLUDE THE FOLLOWING WITH YOUR APPLICATION:
1. Your business card or a copy2. 3 business references (Who have known you for 3 or more years.)
3. Any pertinent printed information regarding you and/or your company i.e. articles,
brochures, etc.
I certify that the above information contained in this application and any attachments I submit are
true and correct.
_
Signature Date
METHOD OF PAYMENT