Privacy Policy

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Privacy Policy

Estate Planning Source, LLC and The Estate Plan, Inc. created this privacy statement in order to demonstrate our strong commitment to privacy. We are committed to providing state of the art revocable living trusts and other estate-planning documents designed to meet your needs as requested of us and as directed and supervised in their preparation by your attorney. We are equally committed to respecting your privacy and protecting the information about you that we receive online through TheEstatePlanningSource.com. We do not sell, nor plan to sell,  any user information to anyone.  We have prepared this notice to advise you what information we collect, how we use it, and how we protect it.

What Information We Collect

As an essential part of our business, we obtain certain personal information about you from your attorney in order to provide an estate planning document requested of us by your attorney suitable to your specific needs and desires. Some of this information may come directly from you. Other information may come from your financial advisor, your accountant, your agent, a member of your family, or some other trusted person. The type of information we receive often includes addresses, social security numbers, family information, financial information and information pertaining to the particular personal situation of individual members of your family.

What Information We Disclose

We do not disclose nonpublic personal information about our current or former clients to any non-affiliated person or entity, except as permitted by law. Examples of the disclosures which we are permitted by law to make include disclosures to any person who is your advisor or attorney or who is your Trustee or attorney-in-fact under a Power of Attorney which specifically authorizes him or her to obtain the information on you that we keep; disclosures to other third parties made with your consent or at your direction; disclosures made in response to a subpoena or an inquiry from a regulatory agency; and disclosures made to comply with federal, state or local laws and to protect against fraud.

Our Privacy Protection Procedures

We protect information about you from unauthorized access. Our officers, employees, advisors, and agents receive training regarding our privacy policies. In all cases access to information about you is restricted to those individuals that need such information in order to provide our documentation and our services to you. Examples of activities requiring access to your personal information include: preparing documents suitable to your estate planning needs, updating those documents, and participation in the settling of your estate. Finally, we employ secure technologies in order to safeguard transmission of information about you through our web site, and we have established and maintain procedures to comply with all state and federal laws and regulations regarding the security of personal information.

All employees are required to adhere to our strict policies and any employee who violates the privacy policy is subject to termination and other disciplinary measures, up to being criminally prosecuted for their violation.

At TheEstatePlanningSource.com you can visit most pages on our site without giving us any information about yourself.  This privacy policy explains data collection and use in those situations.

If you decide to become a member at TheEstatePlanningSource.com, you will receive a short series of orientation emails.  Members may receive notification of new services, changes to policies or price adjustments. We will not send you other email at the address you provide, except for infrequent communications to resolve issues that may arise with your own TheEstatePlanningSource.com account. More routine announcements are made in the TheEstatePlanningSource.com Quill e-Newsletter, rather than via email.

Our site uses cookies to save your username and password if you become a member and decide to use the "Remember Me" option. This means you don't have to re-enter these items each time you visit our site.

At some point, we may track and store geo-location information related to your IP address. This information may be used to provide you with the most relevant material, as well as allow for more effective communications.

Under our Free Membership or upon download of the “Free Whitepaper” the user's contact information is also used to send a newsletter.  Special offers are sometimes sent to subscribers. All third parties do not have access to your information. You will always have the option of opting-out of future newsletters or offers.

We may also use personal information in a manner that does not identify you specifically nor allow you to be contacted but does identify certain criteria about our users in general. For example, we may inform third parties about the number of registered users, number of unique visitors, and the pages most frequently browsed.

Protection of Children's Personal Information

TheEstatePlanningSource.com is a specified audience site and does not knowingly collect any personal information from children although the website may be viewed by children; we do not wish to receive data from children. TheEstatePlanningSource.com encourages parents and guardians to spend time online with their children and to participate in the interactive activities offered on the sites their children visit. No information should be submitted to, or posted at, the TheEstatePlanningSource.com or our Forum or Blog by visitors under 18 years of age without the consent of their parent or guardian.

Links to Third Party Sites

This website contains links to other web sites that are not controlled by The Estate Planning Source, LLC or The Estate Plan, Inc. ("Third Party Sites"). Please be aware that we are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every website that collects personally identifiable information. The Estate Planning Source, LLC and The Estate Plan, Inc. Privacy Policy applies solely to information collected by The Estate Plan, Inc. or The Estate Planning Source, LLC.

Changes to this Privacy Policy

The Estate Planning Source, LLC and The Estate Plan, Inc. when we do, we will also revise the "last updated" date at the bottom of the privacy policy. For material changes to this statement, The Estate Planning Source, LLC and The Estate Plan, Inc. will notify our users by placing prominent notice on the site.

Enforcement of this Privacy Policy and Contact Information

For any questions or concerns about this policy please contact us at 1.800.292.0223.  If you believe this policy has been breached please contact us at the above number.

 

You’re Young; Do You Need an Estate Plan?

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While the trend these days is for people to live well into their 80s and 90s, I'm hearing more and more about the unexpected deaths of people in their 30s, 40s, and 50s. During my 15 years of practice I've met with my fair share of young widows or widowers or the parents of a child who died unexpectedly, and in all cases but one there wasn't any estate planning done. And even in the one estate where the deceased husband did have a will, it had been written while he was still single and lived in New Jersey and it hadn't been updated after the birth of his child, his second marriage, or even after the couple moved to Florida. What a mess that was to deal with and I hate to say this, but in the big picture the young family probably would have been better off without any will at all instead of an extremely old and out of date will. I can't emphasize enough how important it is for everyone, young and old alike, to have an estate plan. But as my example of the young husband who failed to update his will after major changes in his life demonstrates, that's really not enough. You also need to make sure that all of the important documents that are included in your estate plan - wills, trusts, powers of attorney, advance medical directives - are kept up to date and change as your family, finances, and the law change. This will require a yearly meeting with your estate planning attorney, but that's OK because you need to understand that estate planning is not a one shot deal but an ongoing process. And the time to start the process or continue the process is now.

In a 2004 survey conducted by Lawyers.com, the two most frequent reasons adult Americans cited for not having an estate plan were insufficient assets and not being old enough to need a plan. Sadly, those who hold these beliefs are greatly mistaken. With life's ups and downs comes the need for basic estate planning for both the young and old alike. Here are six estate planning tips for young singles and couples that can nonetheless be used by singles and couples of all ages.

1. Don't Rule Out a Prenuptial Agreement If you are young and do not think that you need a prenuptial agreement before getting married, think again. Many circumstances warrant at least considering a prenuptial agreement, including being involved in a family-owned business or owning your own business; having part of your paycheck stashed away in a 401(k) or other retirement plan; the possibility of inheriting assets from your family; owning a residence that will be used as the marital home; or marrying someone who has already accumulated a large amount of debt. A prenuptial agreement can protect what assets you currently have or significant assets that you expect to inherit, and can also protect you from your spouse-to-be's debts acquired before the marriage.

2. Make an Estate Plan for Medical Emergencies Twenty-six year old Terri Schiavo of Florida certainly did not anticipate slipping into a coma in 1990 and then having her husband and parents fight over her medical care and ultimate wishes for the next 15 years. Planning for medical emergencies is a must for everyone and should include the signing of two important legal documents called a Living Will and an Advance Medical Directive.

3. Make an Estate Plan for Financial Emergencies If you are out of the country on business and your spouse is at home trying to sell the house, or if you are in an accident and expected to fully recover but will be in the hospital for a while, then you will need a Durable Power of Attorney to allow your spouse or other person of your choice to manage your finances and sign legal documents on your behalf.

4. Make an Estate Plan for an Untimely Death Planning for an untimely death is important, particularly if you are in a committed relationship and/or have young children. If you fail to make an estate plan, then the state where you live at the time of your death will make one for you and in most situations the plan will not be what you would have wanted had you taken the time to make your own plan. Aside from this, assets titled in your individual name will need to be probated to transfer them into your beneficiaries' names after you die. Having at least a basic Last Will and Testament in place that puts someone in charge of settling your estate and names your preferred beneficiaries and a guardian for your minor children will give your loved ones peace of mind during a difficult time.

5. Make an Estate Plan for Your Minor Children Even if you do not think that you have enough money or property to need an estate plan, you will need to make a plan if you have minor children. If you do not, then control of the minor's inheritance will be taken over by a court-supervised guardian or conservator. Then, depending on the laws of the state where the minor lives, when the minor reaches the age of 18 or 21 all of the remaining guardianship funds will be turned over to the young adult, free and clear of any guidance or strings attached. Aside from this, if you and the other parent of your children both die while the children are still minors, then the children will become wards of the court until a judge can decide who the children should live with until they become adults.

6. Buy Term Life Insurance When you are young, term life insurance is really cheap and can offer your family financial security if you were to die prematurely. The insurance proceeds can be used for things such as paying off your outstanding medical and credit card bills; paying off your mortgage; replacing your lost income; paying for your children's care and education; and/or paying for a live in nanny, day care or after school care. Term life insurance is also easy to buy these days with services like Intelliquote, Quickquote and Reliaquote. Or, if you are offered term life insurance at work, buy it.

Everyone Needs an Estate Plan

Estate planning is not just for older or wealthy people. Younger people, especially those with minor children, need to have a will and estate plan in place in order to give instructions to their loved ones to follow in the event of a debilitating accident or untimely death. Celebrities like Heath Ledger, Anna Nicole Smith (also known as Vickie Lynn Marshall), Princess Diana, John F. Kennedy, Jr., Janis Joplin, Michael Jackson, and, most recently, Brittany Murphy, all died unexpectedly, and yet each and every one of them had a will and estate plan. It's just common sense.

Julie's Wills & Estate Planning Blog

Document Solutions

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Comprehensive Estate Planning Documents - Revocable Living Trusts - Will Package - Ancillary Documents

What Gives Our Documents the Leading Edge?

Detailed and comprehensive, these documents have been developed through nearly 30 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.

I Would Like an Advisor to Contact Me to Discuss My Estate Planning Needs

Here is a list of what our package 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
  • Funding Manual

We offer a wide variety of estate planning solutions and documents customized at your direction.

Nationally Transportable Living Trusts

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

Vital Ancillary 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 over your person or assets. 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

Advanced Planning Vehicles

Because many individuals have needs that go beyond basic estate planning, we offer numerous Advanced Estate Planning Solutions that can be incorporated into your overall estate plan. These documents should be considered as a supplement to your Living Trust to shelter your hard-earned 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

“A POORLY WRITTEN TRUST IS WORSE THAN NO TRUST AT ALL.” Henry Abts, III

A poorly drawn trust can become a restrictive nightmare for the surviving spouse or successor trustee and beneficiaries. As long as the clients are living, it does not matter what a Living Trust says, because it can always be revoked. However, upon the death of the client, these poorly written Trusts are going to end up in probate court, with petitions being presented to revise or clarify the Trust wording. (Even though the main advantage of a Living Trust is to avoid probate, a Trust falls under the legal jurisdiction of the probate code; any need for clarification of a Trust therefore must be handled in the probate courts.)

One size does not fit all – no two people or families are alike! Your family’s needs, dynamics, personalities, and values are unique. If you use a form kit, you are asking for problems. Even LegalZoom.com reveals that 80% of people who fill in blank forms to create legal documents do so incorrectly. Plus, if your Will or Living Trust is not executed properly, it becomes invalid. If you overlook the opportunity to write specific instructions about how you want to provide for your spouse and children, your family will receive whatever the “cookie cutter” document provides, and you may not know of other options. The only estate plan you rely on is the one that is custom prepared by a qualified estate planning professional attorney.

A well-written comprehensive trust document comes about only through extensive experience. The Estate Planning Source’s trust documents are the result of more than 28 years of working together with legal counsel to cover every imaginable contingency.

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