Fill and Sign the 2014 Annual Seminar Registration Form Hawaii Court Reporters

THE LAW OFFICES OF JEFFREY G. MARSOCCI, PLLC 8406 SIX FORKS ROAD, SUITE 102 RALEIGH, NORTH CAROLINA 27615 PHONE: (919) 844-7993 FAX: (919) 844-7995 WWW.LIVINGTRUSTLAWFIRM.COM Considering the great need for proper but affordable life and estate planning, The Law Offices of Jeffrey G. Marsocci, PLLC is offering a simple will package to those who desire one. In addition, we will be providing these packages at a discounted rate for seniors. We will be offering a package that includes: • • • • • A Simple Last Will and Testament A Healthcare Power of Attorney A Durable General Power of Attorney A Nomination of Conservator Form A Living Will The cost is $300 for an individual or $550 for a couple. However, we are also offering the same packages to seniors over 65 for the discounted price of $239 for an individual or $439 for a couple. For couples where one person is over 65 but the other is not, the discounted couple price still applies. WHO CAN USE A SIMPLE WILL PACKAGE? A Simple Will Package is for people 18 or older who have a spouse or partner and want to leave everything to that spouse or partner. If they have children together, then everything goes to those children equally (or if deceased to their descendants) if both pass on; or if no children, then they wish for property to go equally to siblings or nieces and nephews. If it is a single or divorced individual, then everything goes to any children equally (or if deceased to their descendants); or if no children, then for property to go equally to siblings or nieces and nephews. (Please call if you have questions on these terms.) In order to qualify for a Simple Will Package, the person: • • • Must not want anything beyond a simple testamentary trust that distributes property to beneficiaries at a single specified age (usually at least 25) Must not have a combined potential taxable estate in excess of $1 million (unless they are willing to sign a waiver) Must not have any beneficiaries with special needs The Simple Will Package does not name more than one person to be an executor at any given time (in other words, no “co-executors”), it does not avoid probate like a living trust, and it does not have complicated distribution scenarios. For many clients, that may be all that they need right now. WHAT DO I/WE NEED TO DO? This is a special form for gathering the necessary data, and once filled out and returned to our office along with payment and a copy of each person’s driver’s license or picture ID with birth date, we will contact you by phone to answer questions (up to one-half hour) and then create the documents. We will then schedule a signing time at our office. It is that simple. However, if you do have questions, then please call us at 919-844-7993 or visit us on the web at www.livingtrustlawfirm.com. Date: _________________ Client One - First Name/MI/Last Name : ____________________________________________ US Citizen: Yes ____ No____ Married: Yes ____ No____ If No, please list status: ____________________________ Gender: Male____ Female____ Social Security No. : _________________________ Birth Date: _____/______/_______ Birthplace: ______________________________________ Street Address: _________________________________________________________________ City/State/Zip: ______________________________________________County: ___________ Home Phone: _______________________ Work Phone: ______________________________ Cell Phone: _________________________ E-mail Address: ____________________________ Father's name: ___________________________________________________________ Birthplace (Include City and State): __________________________________________ Mother's name (Use Maiden Name): __________________________________________ Birthplace (Include City and State): __________________________________________ Client Two – (Spouse/Partner): First/MI/Last Name: _____________________________________________________________ US Citizen: Yes ____ No____ Married: Yes ____ No____ If No, please list status: ____________________________ Gender: Male____ Female____ Social Security No. : _________________________ Birth Date: _______/______/________ Birthplace: ________________________________ Address if different from above: ___________________________________________________ Home Phone: _______________________ Work Phone: ______________________________ Cell Phone: _________________________ E-mail Address: ____________________________ Father's name: ___________________________________________________________ Birthplace (Include City and State): __________________________________________ Mother's name (Use Maiden Name): __________________________________________ Birthplace (Include City and State): __________________________________________ 1 Please list the name of the person or source (internet, advertisement, etc.) who referred us to you: ______________________________________________________________________________ CHILDREN: Please list all children you have. In the section listed as "By", please write F if the child is only by the father, M if the child is only by the mother, or B if the child is from both of the clients. Name Date of Birth City/State of Residence By ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Are any of the above children deceased? If so please list below along with any descendants that child may have. ________________________________________________________________ ______________________________________________________________________________ FOR PURPOSES OF A SIMPLE WILL PACKAGE, YOUR SPOUSE OR PARTNER AS LISTED ABOVE WILL INHERIT YOUR ASSETS, AND THEN THE ABOVE-NAMED CHILDREN WILL EQUALLY INHERIT THE ASSETS WHEN THEY REACH A SPECIFIED AGE. IF YOU DO NOT HAVE A SPOUSE OR PARTNER LISTED ABOVE, THEN THE CHILDREN WILL INHERIT YOUR ASSETS AFTER YOU PASS ON WHEN THEY REACH THE SPECIFIED AGE. AGE OF BENEFICIARIES It is typical for property to be held in trust and administered by the named executor until they reach that age. Most clients choose ages ranging from 25 to 40, or later. It is not recommended that assets be left to children under 25, but this is not required. Please list the age you wish for younger beneficiaries to receive their inheritance. Age: ____________ 2 CONTINGENT BENEFICIARIES: Please check one option. In the event of the death of myself, any spouse or partner, and any and all children and their descendants, I want to leave all of my property to: All of my siblings equally, or if deceased, to their children and descendants. Skip my sibligns. Give all of my assets to my nieces and nephews equally, or if any are deceased, then their share will go to their children and descendants. Other named people (MUST EQUAL 100%): Name Relationship to you Percentage _________________________ ______________________ _________ _________________________ ______________________ _________ _________________________ ______________________ _________ WILL EXECUTORS: The Executor of a Will manages and distributes your assets upon your death or incompetency as well as handle any probate. People typically name their adult children, or close family members/friends to serve as the Executor. Many times, couples agree on picking the same people in the same order. This is highly recommended but not required. We also recommend that only one person serve as executor at any one time. This is to avoid any disagreements or delays in filing paperwork. Client One (and Two): First Will Executor: _____________________________________________________________ Relation to You: _________________________________________________________ Second Will Executor : __________________________________________________________ Relation to You: _________________________________________________________ Third Will Executor: ____________________________________________________________ Relation to You: _________________________________________________________ Client Two: (Only if different from the above-listed executors) First Will Executor: _____________________________________________________________ Relation to You: _________________________________________________________ Second Will Executor : __________________________________________________________ Relation to You: _________________________________________________________ Third Will Executor : __________________________________________________________ Relation to You: _________________________________________________________ 3 FINANCIAL POWER OF ATTORNEY: Who do you want to make financial decisions for you if you are not able to communicate your own wishes? It is suggested that you list at least three people in a set order to make these decisions for you. It is also highly recommended that you do not list more than one person to make these decisions at any given time. For example, you may wish to have your spouse as your first agent, and then list your two adult children in order of age. However, we do not recommend that you list both children as joint second agents. Client One: First Financial Agent: ___________________________________________________________ Relation to You: _________________________________________________________ Second Financial Agent: _________________________________________________________ Relation to You: _________________________________________________________ Third Financial Agent: ___________________________________________________________ Relation to You: _________________________________________________________ Client Two: First Financial Agent: ___________________________________________________________ Relation to You: _________________________________________________________ Second Financial Agent: _________________________________________________________ Relation to You: _________________________________________________________ Third Financial Agent: __________________________________________________________ Relation to You: _________________________________________________________ 4 HEALTHCARE POWER OF ATTORNEY: Who do you want to make medical decisions for you if you are not able to communicate your own wishes? It is suggested that you list at least three people in a set order to make these decisions for you. For example, you may wish to have your spouse as your first agent, and then list your two adult children in order of age. However, we do not recommend that you list both children as your joint second agents. Client One: First Healthcare Agent: __________________________________________________________ Relation to You: _________________________________________________________ Second Healthcare Agent: ________________________________________________________ Relation to You: _________________________________________________________ Third Healthcare Agent: _________________________________________________________ Relation to You: _________________________________________________________ Client Two: First Healthcare Agent: __________________________________________________________ Relation to You: _________________________________________________________ Second Healthcare Agent: ________________________________________________________ Relation to You: _________________________________________________________ Third Healthcare Agent: _________________________________________________________ Relation to You: _________________________________________________________ 5 LIVING WILL A Living Will is a document that describes your wishes regarding life support and artificial nutrition and hydration if you are medically in a persistent vegitative state or if you are terminal and incurable. Please check the box which best describes your wishes: Client One (PLEASE CHECK ONE) If I am in a persistent vegitative state or terminal and incurable, then I DO NOT WANT life support or artificial nutrition and hydration. If I am in a persistent vegitative state or terminal and incurable, then I do not want life support but I DO WANT artificial nutrition and hydration. If I am in a persistent vegitative state or terminal and incurable, then I WANT life support and artificial nutrition and hydration to be administered. I do not want my wishes put into a Living Will and instead wish for my healthcare power of attorney agent to make any such decisions on my behalf. Client Two (PLEASE CHECK ONE) If I am in a persistent vegitative state or terminal and incurable, then I DO NOT WANT life support or artificial nutrition and hydration. If I am in a persistent vegitative state or terminal and incurable, then I do not want life support but I DO WANT artificial nutrition and hydration. If I am in a persistent vegitative state or terminal and incurable, then I WANT life support and artificial nutrition and hydration to be administered. I do not want my wishes put into a Living Will and instead wish for my healthcare power of attorney agent to make any such decisions on my behalf. 6 GUARDIANS FOR MINORS: The guardian is the individual who will have legal custody of any minor children you may have when you pass on. We highly recommend that you name individuals, not couples to handle these duties for you. For example, you may want to choose your brother and his wife. Since the person that is generally trusted is the brother, we would recommend that you name your brother only, not your sister-in-law. If there is a divorce, your brother could decline to serve as guardian. It is also recommended that couples agree on guardianship nominations, but this is not required. Client One: First Guardian: _________________________________________________________________ Relation to You: _________________________________________________________ Second Guardian: ______________________________________________________________ Relation to You: _________________________________________________________ Third Guardian: ________________________________________________________________ Relation to You: _________________________________________________________ Client Two: First Guardian: _________________________________________________________________ Relation to You: _________________________________________________________ Second Guardian: ______________________________________________________________ Relation to You: _________________________________________________________ Third Guardian: ________________________________________________________________ Relation to You: _________________________________________________________ 7 RETAINER AGREEMENT The above written client or clients have requested that The Law Offices of Jeffrey G. Marsocci, PLLC act as their legal counsel with regard to the preparation of a Simple Will Package, including a simple Last Will and Testament, Healthcare Power of Attorney, General Power of Attorney, and Living Will. The documents will be prepared in accordance with the information provided in this questionnaire. The terms and conditions of engagement are as follows: • • • The law office will prepare the documents listed above The law office will contact you with questions and to ensure that you in fact need a simple will package, and if appropriate we will proceed. The law office will spend no more than thirty minutes discussing your case for the price indicated below—additional time will be billed at the standard rate for the office in quarter hour increments, which is $200 per hour for the attorney and $50 per hour for legal assistants. In order for your simple wills to effectively hold property in trust for younger beneficiaries, you must list “ESTATE” as your primary beneficiary if you do not have a spouse or partner, or if you do have a spouse or partner, then you may list them as the primary beneficiary and then list “ESTATE” as your contingent beneficiary. While this means that account or asset will have to go through the probate process, it means that the asset will be held in trust for the underage beneficiary until the age you specified. You agree to be responsible for making these changes. Confidentiality If this retainer agreement is applying to a couple, you both have read the foregoing and understand there are potential conflicts of interest between you in the estate planning process. You consent to having me represent both of you to prepare an estate plan and the documents specified herein. You understand that between yourselves and me, there are no confidential communications because I represent both of you. Understanding You understand that a fixed fee will be paid to our office. You understand that once the computer documents are created, in either draft or final form, the fixed fee paid to the law office is nonrefundable. It is also your understanding that all documents that may be electronically sent to you will be done in a format that is not typically subject to editing, and you covenant and agree not to attempt to duplicate said documents. It is the policy of our firm not to transmit documents in an editable electronic format except in the event you choose to reside in another state, in which case upon request of a licensed attorney in said state we will transmit the documents to them directly. 8 Printing New Documents In creating the above estate planning documents, our firm utilizes staff time, paper, and computer resources. Unfortunately, on occasion, a client does not appear on the scheduled day of signing (executing) their documents, or they fail to reschedule their appointment with more than 24 hours notice. When such a situation occurs, all of the documents, which have been dated, must be destroyed and reprinted with the correct date. If this is necessary, an additional $50 will be charged to replace the documents. ****** DISCLAIMER AND HOLD HARMLESS AGREEMENT****** I/We understand that there are many benefits of using a Revocable Living Trust to avoid probate, I/we have been offered information regarding Revocable Living Trusts, and I/we have specifically chosen not to have a Revocable Living Trust established at this time. I/we specifically bind ourselves, our heirs, agents, assigns and representatives of any kind from taking action against The Law Offices of Jeffrey G. Marsocci, PLLC because of any and all added costs or problems encountered because I/we chose to use a Last Will and Testament rather than a Revocable Living Trust for my/our estate plan. If these terms express your understanding of our agreement, then please indicate your consent at the bottom by signing. This agreement accompanied by your retainer payment will constitute not only our retainer agreement, but full authorization for The Law Offices of Jeffrey G. Marsocci, PLLC to act in your behalf as your legal counsel for the matters referred to herein. Agreed to on the above date. _____________________________________ Jeffrey G. Marsocci, Attorney at Law The Law Offices of Jeffrey G. Marsocci, PLLC Agreed to: ______________________ Client 1 as listed above _______________________ Client 2 as listed above THE LAW OFFICES OF JEFFREY G. MARSOCCI, PLLC 8406 SIX FORKS ROAD, SUITE 102 RALEIGH, NORTH CAROLINA 27615 PHONE: (919) 844-7993 FAX: (919) 844-7995 www.livingtrustlawfirm.com 9