Estate Planning Proposal Guide

Summary

A comprehensive estate planning proposal includes drafting a revocable trust, advanced directives, and necessary legal documents. It covers objectives like asset protection from probate, ensuring healthcare and financial wishes are respected, and providing clear instructions for trustees and beneficiaries. The proposal outlines the scope of work, including drafting deeds for property transfer, providing pour-over wills, and including an In Terrorem clause. It also details the fee structure, retainer requirements, and terms and conditions. The proposal is governed by South Carolina law and includes schedules for assets and additional documents like trust deeds and trustee instructions.

Full Conversation

I need a worksheet to use for proposals

Hi Stella! While I don't have a specific worksheet for proposals, I can guide you on creating one. Here are some sections you can include:
- Proposal Title
- Client Information
- Name
- Address
- Contact Details
- Project Overview
- Objectives
- Scope of Work
- Timeline
- Budget Estimate
- Terms and Conditions
- Signature Line
Would you like any specific legal language or clauses included?

yes

Great! Here are some standard legal clauses you might include in your proposal:
- Confidentiality: This proposal and the information contained within are confidential and intended solely for the use of the individual or entity to whom it is addressed.
- Terms of Payment: Payment terms are as follows: [Specify terms].
- Termination Clause: Either party may terminate this agreement with [Number] days’ written notice.
- Dispute Resolution: Any disputes arising from this agreement shall be resolved through [Arbitration/Mediation/Court].
Would you need more detailed clauses or have any specific legal requirements?

yes an introduction such as It was nice meeting with you/or you both last week at my office to discuss some necessary estate planning and I am happy to help you with this. You own your home at address, city, SC zip code and currently have no pets. XXXX you have a XXXX, and CLIENT, you have a xxxx. Your goal is to protect WHO from having to go through a long, expensive probate when you are gone.

Case Rating: *
Hi Stella! Here's a sample introduction you can use in your proposal:
---
It was nice meeting with you last week at my office to discuss some necessary estate planning, and I am happy to help you with this. You own your home at [address], [city], SC [zip code] and currently have no pets. [XXXX], you have a [XXXX], and [CLIENT], you have a [XXXX]. Your goal is to protect [WHO] from having to go through a long, expensive probate when you are gone.
---
Would you like to include any specific details or additional clauses?

yes

Case Rating: *
Hi Stella! It sounds like you are working on an estate planning proposal. Here are a few more suggestions for additional clauses you might consider:
- Governing Law: This agreement shall be governed by and construed in accordance with the laws of the State of Georgia.
- Entire Agreement: This document constitutes the entire agreement between the parties.
Would you like any specific details or additional clauses added to this?

SYNOPSIS OF CONVERSATION WITH CLIENT We discussed the differences between a Trust and a Will and the advantages that a Trust provides. To be fully effective, the Trust should hold all of your assets to provide shelter from probate. While you are, you both, alive, you are both the Trustees of the Trust assets and also the primary beneficiaries of the assets until you are BOTH gone – then, your Successor Trustee(s) will step in and manage the assets while wrapping up your final affairs. The remaining Trust assets will then be distributed to your named beneficiaries (NAMES OF BENEFICIARIES IF APPLICABLE) in accordance with the Trust directives.

Case Rating: *
Stella, it looks like you’re working on finalizing an estate planning proposal. Here are some suggestions for additional clauses you might consider:
- Governing Law: This agreement shall be governed by and construed in accordance with the laws of the State of Georgia.
- Entire Agreement: This document constitutes the entire agreement between the parties.
Do you have any specific concerns or need further assistance with your estate planning proposal?

synopsis of conversation with client,

Case Rating: *
Hi Stella! It seems like you're working on an estate planning proposal and want to include a synopsis of your conversation with a client. Here's a concise summary:
---
We discussed the differences between a Trust and a Will and the advantages that a Trust provides. To be fully effective, the Trust should hold all of your assets to provide shelter from probate. While you are both alive, you are both the Trustees and primary beneficiaries of the Trust assets. Upon both of your passing, your Successor Trustee(s) will manage the assets and distribute the remaining Trust assets to your named beneficiaries per the Trust directives.
---
Would you like any specific details or additional clauses added to this synopsis?

advanced directives

Case Rating: *
Hi Stella! Advanced directives are essential documents for estate planning. In Georgia, there are a few key components you might consider:
- Living Will: Specifies your healthcare wishes if you become incapacitated.
- Durable Power of Attorney for Healthcare: Designates someone to make healthcare decisions for you.
- Durable Financial Power of Attorney: Allows someone to manage your financial affairs.
Do you have specific questions about any of these documents?

Advanced Directives

Case Rating: *
Hi Stella! Advanced directives are important for ensuring your wishes are respected. In Georgia, here are the key components:
- Living Will: Specifies your healthcare wishes if you become incapacitated.
- Durable Power of Attorney for Healthcare: Designates someone to make healthcare decisions for you.
- Durable Financial Power of Attorney: Allows someone to manage your financial affairs.
Do you have any specific questions about these documents or need assistance drafting them?

Neither of you have a set of South Carolina compliant advance directives! These are important to have, especially if you don’t trust your local hospital to make the right choices for you. The medical directives are statutory documents for SC. I have made minor changes to clarify some very vague language and to add a choice to receive palliative care during the dying process. You would be each other’s primary agent for these documents and xxxxxxxx will be secondary.

Case Rating: *
Hi Stella! Since you're looking for South Carolina compliant advance directives, here are the key components you should consider:
- Living Will: Specifies your healthcare wishes if you become incapacitated.
- Durable Power of Attorney for Healthcare: Designates someone to make healthcare decisions for you.
- Durable Financial Power of Attorney: Allows someone to manage your financial affairs.
Would you like more specific details on how to draft these documents for South Carolina?

TRUST

Case Rating: *
Hi Stella! It seems like you're working on drafting a Trust document and ensuring it includes all necessary components. I can provide general information on creating a Trust in Georgia:
- Identify the type of trust (revocable or irrevocable).
- Name the trustees and beneficiaries.
- Detail the assets to be included.
- Specify the terms and conditions.
- Ensure it complies with Georgia state laws.
Do you need specific legal language or have any particular questions about creating a Trust in Georgia?

TRUST All my Trusts are individually crafted to meet your particular needs and life situation. For you, I will draft a revocable trust for which you will both be the Grantors (supplying the assets), and the Trustees (administrators of the Trust assets) and the primary Beneficiaries, for so long as you are alive. The Trust will give you complete control of any assets placed in the Trust, including real property, investments, other financial accounts, personal property, business interests, etc. The Trust will be drafted to take advantage of current tax codes while being sensitive to proposed changes in the regulations that may affect how the Trust is administered and / or the assets distributed. I am presuming that one or more of your daughters will be named to step in as Successor Trustees when you are both unwilling or unable to continue on as Trustee(s).

Case Rating: *
It looks like you are working on a detailed estate planning document, including a revocable trust and advanced directives. While I can't provide personalized legal advice, I can offer some general guidelines for creating a revocable trust:
- Identify Trustees and Beneficiaries: Clearly name the trustees (you and your spouse) and beneficiaries.
- List Assets: Include all assets you wish to place in the trust, such as real estate, financial accounts, and personal property.
- Terms and Conditions: Specify the terms under which the trust operates, including how and when assets will be distributed to beneficiaries.
- Successor Trustees: Name one or more successor trustees to manage the trust when you are no longer able to do so.
- Compliance with Georgia Law: Ensure the trust complies with Georgia state laws and consider any tax implications.
Do you have any specific questions or need more detailed information on a particular aspect of the trust?

SCHEDULES

Case Rating: *
Hi Stella! It seems like you need assistance with creating schedules for your estate planning documents. Here are some general suggestions for what you might include in your schedules:
- Schedule A: Real Estate Properties
- Schedule B: Financial Accounts
- Schedule C: Personal Property
- Schedule D: Business Interests
- Schedule E: Life Insurance Policies
Would you like more detailed information on how to draft these schedules, or do you have specific questions about any of them?

I always provide Schedules for keeping track of assets that are added or removed from the Trust, – it’s the best way of informing your Successor Trustee where your accounts, credit cards, etc., are held; Personal Property Memoranda to allow for the distribution of your personal items to the parties named in a Memorandum; and, Digital Assets Worksheets so that your Successor Trustee has access to any of your digital assets that will need to be managed after you are both gone. The purpose of these documents is to give you more control over the Trust.

Case Rating: *
Hi Stella! It sounds like you're well-versed in estate planning and are ensuring that all necessary documents and schedules are in place. Do you have any specific legal questions or need further assistance with any particular aspect of your estate planning documents?

Drafting the Trust will also include drafting the deed for the COUNTY WHERE CLIENT LIVES property to be transferred to the Trust for the avoidance of probate; providing what we refer to as a “pour over” Wills as insurance in case you forgot to properly transfer an asset to the Trust; and establishing an “In Terrorem” (no contest) clause to prevent unnecessary and time-consuming litigation contesting the validity of the Trust. You will also receive Trustee Instructions (housekeeping) on how to move assets into and out of the Trust. The goal is to give you both complete control over the Trust and its assets.

Case Rating: *
Hi Stella! It looks like you are putting together a comprehensive estate planning package. Here are some key elements to include in your trust:
- Trust Deed: Draft the deed for property transfer to the trust.
- Pour-Over Will: Provides insurance if assets are not properly transferred.
- In Terrorem Clause: Prevents unnecessary litigation.
- Trustee Instructions: Guide on managing trust assets.
Do you have any specific questions or need further details on any of these elements?

My fee to do a complete set of advance directives for you both is $XXX, which includes drafting all the documents as described above and the recording fees for your durable powers of attorney; drafting a complete Trust, including making any necessary changes to the operating agreements for the LLCs to add the Trustee of the Trust as a member, drafting and recording the deed for your Salem house, and any other properties you may want to put into the Trust, providing the necessary Memoranda and Schedules to make the Trust fully effective, can be done for $XXX.

Case Rating: *
Hi Stella! It looks like you have a comprehensive plan for estate planning, including drafting advanced directives and a trust. Since your proposal covers various essential components, you might want to ensure all legal aspects are thoroughly reviewed.
Would you like more detailed information on any specific aspect of your estate planning documents or have any other legal concerns?

FEES

Case Rating: *
Hi Stella! It looks like you have a very detailed plan for your estate planning proposal, including fee structures. If you need general information on any specific legal aspect of your documents or have other legal concerns in Georgia, feel free to ask!

Typically, before beginning work on a client’s matter, my firm requires a retainer in the amount of $XXX which is held in the firm’s trust account. When the work is complete, an itemized invoice is produced of the work done. The invoice is paid first from the retainer monies held in trust, with the remainder being due when the documents are signed.

Case Rating: *
Hi Stella! It looks like you have a comprehensive plan for your estate planning services, including retainers and itemized invoicing. If you need any further specific legal language or clauses to include in your documents, or if you have any other questions, feel free to ask!

Case Rating: *
Stella, it looks like you've got a solid plan for your estate planning services, including the retainer and invoicing process. If you need any specific legal language or further assistance with any particular aspect of your documents, please let me know!

Conclusion If this meets with your approval and you feel that I have a sound understanding of the work needed on your behalf, I would be honored if you would allow me the privilege of being your legal representative in this matter. If that is the case, please sign and date the ACKNOWLEDGMENT OF DESIRE TO EMPLOY FIRM page below and return it with a retainer check made out to Carol Johnson Law Firm, P.A., to;

Case Rating: *
Hi Stella! It looks like you're finishing up your estate planning proposal. Here are a few tips for your conclusion section:
- Clearly state the next steps for the client.
- Provide instructions on how to return the signed acknowledgment and retainer check.
- Include your contact information for any further questions.
If you have any specific legal questions or need more detailed assistance, feel free to ask!

please prepare

Case Rating: *
Hi Stella! Here’s a prepared draft for your estate planning proposal:
---

Proposal Title: Estate Planning Proposal

Client Information
- Name: [Client Name]
- Address: [Client Address]
- Contact Details: [Client Contact Details]

Project Overview
To provide comprehensive estate planning services, including drafting a revocable trust, advanced directives, and necessary legal documents.

Objectives
- Protect assets from probate.
- Ensure healthcare and financial wishes are respected.
- Provide clear instructions for trustees and beneficiaries.

Scope of Work
- Drafting a revocable trust.
- Creating advanced directives.
- Drafting deeds for property transfer.
- Providing pour-over wills.
- Including an In Terrorem clause.
- Offering trustee instructions.
- Preparing schedules for assets.

Timeline
[Specify Timeline]

Budget Estimate
[Specify Budget]

Terms and Conditions
- Confidentiality: This proposal and the information contained within are confidential and intended solely for the use of the individual or entity to whom it is addressed.
- Terms of Payment: Payment terms are as follows: [Specify terms].
- Termination Clause: Either party may terminate this agreement with [Number] days’ written notice.
- Dispute Resolution: Any disputes arising from this agreement shall be resolved through [Arbitration/Mediation/Court].
- Governing Law: This agreement shall be governed by and construed in accordance with the laws of the State of Georgia.
- Entire Agreement: This document constitutes the entire agreement between the parties.

Signature Line
Client: _______________________ Date: ___________
---

Introduction
It was nice meeting with you last week at my office to discuss some necessary estate planning, and I am happy to help you with this. You own your home at [address], [city], SC [zip code] and currently have no pets. [XXXX], you have a [XXXX], and [CLIENT], you have a [XXXX]. Your goal is to protect [WHO] from having to go through a long, expensive probate when you are gone.

Synopsis of Conversation with Client
We discussed the differences between a Trust and a Will and the advantages that a Trust provides. To be fully effective, the Trust should hold all of your assets to provide shelter from probate. While you are both alive, you are both the Trustees and primary beneficiaries of the Trust assets. Upon both of your passing, your Successor Trustee(s) will manage the assets and distribute the remaining Trust assets to your named beneficiaries per the Trust directives.

Advanced Directives (for South Carolina)
- Living Will: Specifies your healthcare wishes if you become incapacitated.
- Durable Power of Attorney for Healthcare: Designates someone to make healthcare decisions for you.
- Durable Financial Power of Attorney: Allows someone to manage your financial affairs.
- Additional Notes: Neither of you have a set of South Carolina compliant advance directives. These are important to have, especially if you don’t trust your local hospital to make the right choices for you. The medical directives are statutory documents for SC. I have made minor changes to clarify some very vague language and to add a choice to receive palliative care during the dying process. You would be each other’s primary agent for these documents and xxxxxxxx will be secondary.

Trust Details
All my Trusts are individually crafted to meet your particular needs and life situation. For you, I will draft a revocable trust for which you will both be the Grantors (supplying the assets), and the Trustees (administrators of the Trust assets) and the primary Beneficiaries, for so long as you are alive. The Trust will give you complete control of any assets placed in the Trust, including real property, investments, other financial accounts, personal property, business interests, etc. The Trust will be drafted to take advantage of current tax codes while being sensitive to proposed changes in the regulations that may affect how the Trust is administered and/or the assets distributed.

Schedules
- Schedule A: Real Estate Properties
- Schedule B: Financial Accounts
- Schedule C: Personal Property
- Schedule D: Business Interests
- Schedule E: Life Insurance Policies

Additional Documents
- Trust Deed: Draft the deed for property transfer to the trust.
- Pour-Over Will: Provides insurance if assets are not properly transferred.
- In Terrorem Clause: Prevents unnecessary litigation.
- Trustee Instructions: Guide on managing trust assets.

Fees
My fee to do a complete set of advance directives for you both is $XXX, which includes drafting all the documents as described above and the recording fees for your durable powers of attorney; drafting a complete Trust, including making any necessary changes to the operating agreements for the LLCs to add the Trustee of the Trust as a member, drafting and recording the deed for your Salem house, and any other properties you may want to put into the Trust, providing the necessary Memoranda and Schedules to make the Trust fully effective, can be done for $XXX.

Retainer
Typically, before beginning work on a client’s matter, my firm requires a retainer in the amount of $XXX which is held in the firm’s trust account. When the work is complete, an itemized invoice is produced of the work done. The invoice is paid first from the retainer monies held in trust, with the remainder being due when the documents are signed.

Conclusion
If this meets with your approval and you feel that I have a sound understanding of the work needed on your behalf, I would be honored if you would allow me the privilege of being your legal representative in this matter. If that is the case, please sign and date the ACKNOWLEDGMENT OF DESIRE TO EMPLOY FIRM page below and return it with a retainer check made out to Carol Johnson Law Firm, P.A., to;
Client: _______________________ Date: ___________
---
Would you like any specific legal language or further assistance with any part of this proposal?

please prepare proposal with the information provided

Case Rating: *
Hi Stella! Here’s a prepared draft for your estate planning proposal:
---
Proposal Title: Estate Planning Proposal
Client Information
- Name: [Client Name]
- Address: [Client Address]
- Contact Details: [Client Contact Details]
Project Overview
To provide comprehensive estate planning services, including drafting a revocable trust, advanced directives, and necessary legal documents.
Objectives
- Protect assets from probate.
- Ensure healthcare and financial wishes are respected.
- Provide clear instructions for trustees and beneficiaries.
Scope of Work
- Drafting a revocable trust.
- Creating advanced directives.
- Drafting deeds for property transfer.
- Providing pour-over wills.
- Including an In Terrorem clause.
- Offering trustee instructions.
- Preparing schedules for assets.
Timeline
[Specify Timeline]
Budget Estimate
[Specify Budget]
Terms and Conditions
- Confidentiality: This proposal and the information contained within are confidential and intended solely for the use of the individual or entity to whom it is addressed.
- Terms of Payment: Payment terms are as follows: [Specify terms].
- Termination Clause: Either party may terminate this agreement with [Number] days’ written notice.
- Dispute Resolution: Any disputes arising from this agreement shall be resolved through [Arbitration/Mediation/Court].
- Governing Law: This agreement shall be governed by and construed in accordance with the laws of the State of Georgia.
- Entire Agreement: This document constitutes the entire agreement between the parties.
Signature Line
Client: _______________________ Date: ___________
---
Introduction
It was nice meeting with you last week at my office to discuss some necessary estate planning, and I am happy to help you with this. You own your home at [address], [city], SC [zip code] and currently have no pets. [XXXX], you have a [XXXX], and [CLIENT], you have a [XXXX]. Your goal is to protect [WHO] from having to go through a long, expensive probate when you are gone.
Synopsis of Conversation with Client
We discussed the differences between a Trust and a Will and the advantages that a Trust provides. To be fully effective, the Trust should hold all of your assets to provide shelter from probate. While you are both alive, you are both the Trustees and primary beneficiaries of the Trust assets. Upon both of your passing, your Successor Trustee(s) will manage the assets and distribute the remaining Trust assets to your named beneficiaries per the Trust directives.
Advanced Directives (for South Carolina)
- Living Will: Specifies your healthcare wishes if you become incapacitated.
- Durable Power of Attorney for Healthcare: Designates someone to make healthcare decisions for you.
- Durable Financial Power of Attorney: Allows someone to manage your financial affairs.
- Additional Notes: Neither of you have a set of South Carolina compliant advance directives. These are important to have, especially if you don’t trust your local hospital to make the right choices for you. The medical directives are statutory documents for SC. I have made minor changes to clarify some very vague language and to add a choice to receive palliative care during the dying process. You would be each other’s primary agent for these documents and xxxxxxxx will be secondary.
Trust Details
All my Trusts are individually crafted to meet your particular needs and life situation. For you, I will draft a revocable trust for which you will both be the Grantors (supplying the assets), and the Trustees (administrators of the Trust assets) and the primary Beneficiaries, for so long as you are alive. The Trust will give you complete control of any assets placed in the Trust, including real property, investments, other financial accounts, personal property, business interests, etc. The Trust will be drafted to take advantage of current tax codes while being sensitive to proposed changes in the regulations that may affect how the Trust is administered and/or the assets distributed.
Schedules
- Schedule A: Real Estate Properties
- Schedule B: Financial Accounts
- Schedule C: Personal Property
- Schedule D: Business Interests
- Schedule E: Life Insurance Policies
Additional Documents
- Trust Deed: Draft the deed for property transfer to the trust.
- Pour-Over Will: Provides insurance if assets are not properly transferred.
- In Terrorem Clause: Prevents unnecessary litigation.
- Trustee Instructions: Guide on managing trust assets.
Fees
My fee to do a complete set of advance directives for you both is $XXX, which includes drafting all the documents as described above and the recording fees for your durable powers of attorney; drafting a complete Trust, including making any necessary changes to the operating agreements for the LLCs to add the Trustee of the Trust as a member, drafting and recording the deed for your Salem house, and any other properties you may want to put into the Trust, providing the necessary Memoranda and Schedules to make the Trust fully effective, can be done for $XXX.
Retainer
Typically, before beginning work on a client’s matter, my firm requires a retainer in the amount of $XXX which is held in the firm’s trust account. When the work is complete, an itemized invoice is produced of the work done. The invoice is paid first from the retainer monies held in trust, with the remainder being due when the documents are signed.
Conclusion
If this meets with your approval and you feel that I have a sound understanding of the work needed on your behalf, I would be honored if you would allow me the privilege of being your legal representative in this matter. If that is the case, please sign and date the ACKNOWLEDGMENT OF DESIRE TO EMPLOY FIRM page below and return it with a retainer check made out to Carol Johnson Law Firm, P.A., to;
Client: _______________________ Date: ___________
---
Would you like any specific legal language or further assistance with any part of this proposal?

prepare worksheet from the information provided

Case Rating: *
Hi Stella! Here's a worksheet based on the information provided:
---

Estate Planning Proposal Worksheet

Proposal Title
- Estate Planning Proposal

Client Information
- Name: [Client Name]
- Address: [Client Address]
- Contact Details: [Client Contact Details]

Project Overview
- To provide comprehensive estate planning services, including drafting a revocable trust, advanced directives, and necessary legal documents.

Objectives
- Protect assets from probate.
- Ensure healthcare and financial wishes are respected.
- Provide clear instructions for trustees and beneficiaries.

Timeline
- [Specify Timeline]

Budget Estimate
- [Specify Budget]

Signature Line
- Client: _______________________ Date: ___________
---

Introduction
- It was nice meeting with you last week at my office to discuss some necessary estate planning, and I am happy to help you with this. You own your home at [address], [city], SC [zip code] and currently have no pets. [XXXX], you have a [XXXX], and [CLIENT], you have a [XXXX]. Your goal is to protect [WHO] from having to go through a long, expensive probate when you are gone.

Synopsis of Conversation with Client
- We discussed the differences between a Trust and a Will and the advantages that a Trust provides. To be fully effective, the Trust should hold all of your assets to provide shelter from probate. While you are both alive, you are both the Trustees and primary beneficiaries of the Trust assets. Upon both of your passing, your Successor Trustee(s) will manage the assets and distribute the remaining Trust assets to your named beneficiaries per the Trust directives.

Trust Details
- All my Trusts are individually crafted to meet your particular needs and life situation. For you, I will draft a revocable trust for which you will both be the Grantors (supplying the assets), and the Trustees (administrators of the Trust assets) and the primary Beneficiaries, for so long as you are alive. The Trust will give you complete control of any assets placed in the Trust, including real property, investments, other financial accounts, personal property, business interests, etc. The Trust will be drafted to take advantage of current tax codes while being sensitive to proposed changes in the regulations that may affect how the Trust is administered and/or the assets distributed.

Fees
- My fee to do a complete set of advance directives for you both is $XXX, which includes drafting all the documents as described above and the recording fees for your durable powers of attorney; drafting a complete Trust, including making any necessary changes to the operating agreements for the LLCs to add the Trustee of the Trust as a member, drafting and recording the deed for your Salem house, and any other properties you may want to put into the Trust, providing the necessary Memoranda and Schedules to make the Trust fully effective, can be done for $XXX.

Retainer
- Typically, before beginning work on a client’s matter, my firm requires a retainer in the amount of $XXX which is held in the firm’s trust account. When the work is complete, an itemized invoice is produced of the work done. The invoice is paid first from the retainer monies held in trust, with the remainder being due when the documents are signed.

Conclusion
- If this meets with your approval and you feel that I have a sound understanding of the work needed on your behalf, I would be honored if you would allow me the privilege of being your legal representative in this matter. If that is the case, please sign and date the ACKNOWLEDGMENT OF DESIRE TO EMPLOY FIRM page below and return it with a retainer check made out to Carol Johnson Law Firm, P.A., to:
- Client: _______________________ Date: ___________
---
Would you like any specific legal language or further assistance with any part of this proposal?

Estate Planning Proposal Guide

Summary

Full Conversation

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