Estate Planning Documents

ESTATE PLANNING DOCUMENTS - ENGAGEMENT AGREEMENT

This Estate Planning Engagement Agreement (the Agreement) is made and entered into as of Effective Date: by and between Client Name: (the Client) and Attorney Name/Firm: (the Attorney). The parties agree as follows.

RECITALS

WHEREAS, the Client desires to obtain legal services for the preparation, execution and delivery of certain estate planning documents described below; and

WHEREAS, the Attorney is duly licensed to practice law and has the experience and ability to prepare such documents and provide related legal advice; and

WHEREAS, the parties wish to set forth in writing the terms and conditions under which the Attorney will prepare, deliver and maintain the identified estate planning documents.

NOW, THEREFORE

In consideration of the mutual covenants set forth herein, the parties agree as follows.

1. ENGAGEMENT AND SCOPE

1.1 Engagement. The Client engages the Attorney to prepare and, subject to Client approval and execution, to deliver the estate planning documents selected below and to provide related legal advice reasonably necessary to the completion of those documents.

1.2 Documents to be prepared (select applicable items): Last Will and Testament Revocable Living Trust Durable Power of Attorney Advance Health Care Directive Pour-over Will Trust Funding Instructions

1.3 Fiduciaries. Client designates the following persons for initial appointment in the documents as indicated. Executor(s): ; Trustee(s): ; Health Care Agent(s):

2. CLIENT REPRESENTATIONS AND RESPONSIBILITIES

2.1 Capacity and Authority. The Client represents that the Client is of sound mind and of legal age to execute the requested documents and has full power and authority to engage the Attorney and to execute the documents prepared hereunder. The Client will promptly notify the Attorney of any change in legal capacity or domicile.

2.2 Full Disclosure. The Client shall provide complete and accurate information concerning assets, liabilities, beneficiaries, prior estate planning documents and tax matters reasonably requested by the Attorney. The Client acknowledges that the Attorney’s recommendations and documents are based on information supplied by the Client; the Attorney is not responsible for consequences of incomplete or inaccurate information.

3. ATTORNEY SERVICES AND LIMITATIONS

3.1 Scope of Services. Attorney will draft documents in accordance with the Client’s instructions, provide legal advice concerning document terms and execution, and coordinate notarization or witnessing when requested. Attorney will not provide tax advice or estate administration services except as expressly agreed in writing.

3.2 No Guarantee of Results. The Attorney will exercise professional judgment in preparing documents but does not warrant or guarantee the legal effect of any document in every circumstance, nor the outcome of any challenge after execution.

4. FEES, BILLING, AND RETAINER

4.1 Fees. Client agrees to pay Attorney fees for the services described herein in accordance with this Agreement. Fee arrangement (select one): Flat fee Hourly

4.2 Expenses and Disbursements. Client shall reimburse Attorney for reasonable out-of-pocket expenses (notarization, filing fees, courier) incurred in connection with the engagement. Such expenses are due upon receipt of invoice.

4.3 Billing. If hourly billing applies, Attorney’s hourly rates will be agreed in writing and invoiced monthly. Payment is due within thirty (30) days of invoice; unpaid balances bear interest at the maximum lawful rate.

5. EXECUTION, DELIVERY, AND RETENTION OF ORIGINALS

5.1 Execution. Attorney will prepare draft documents for Client review. Client shall review, provide instructions for revisions, and execute final documents in the presence of required witnesses or a notary as required by law.

5.2 Custody of Originals. Client instructs Attorney to: Retain original executed documents in Attorney's vault Release originals to Client for safekeeping

6. AMENDMENT; WAIVER; COUNTERPARTS

6.1 Amendment. This Agreement may be amended only by a writing signed by both parties. No oral modification shall be effective.

6.2 Waiver. Failure by either party to enforce any provision of this Agreement shall not constitute a waiver of future enforcement of that or any other provision.

6.3 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original but all of which together constitute one instrument.

7. CONFIDENTIALITY AND RECORDS

7.1 Confidentiality. Attorney will maintain the confidentiality of Client information in accordance with applicable professional rules. Attorney may disclose information as required by law or court order.

7.2 File Retention. Upon completion of the engagement, Attorney will retain a copy of the electronic and/or physical file for a commercially reasonable period. Client may request return of the file at any time.

8. LIMITATION OF LIABILITY AND INDEMNIFICATION

8.1 Limitation. Except for willful misconduct or gross negligence, Attorney’s liability to Client for claims arising out of this engagement shall be limited to the amount of fees paid by Client to Attorney under this Agreement.

8.2 Indemnification. Client shall indemnify and hold Attorney harmless from claims arising from Client’s intentional misrepresentations, omissions or failure to disclose material facts.

9. DISPUTE RESOLUTION

9.1 Negotiation and Mediation. The parties agree to attempt in good faith to resolve disputes arising under this Agreement by negotiation, and if unsuccessful, by non-binding mediation conducted by a mutually agreed mediator.

9.2 Binding Arbitration. If mediation fails, the parties agree to submit the dispute to binding arbitration before a single arbitrator in accordance with the applicable arbitration laws. The arbitrator shall have authority to award costs and reasonable attorneys' fees to the prevailing party where permitted by law.

10. NOTICES

All notices required or permitted under this Agreement shall be in writing and delivered by hand, registered mail, or overnight courier to the addresses below or to such other address as either party may designate in writing.

GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to conflict of laws principles.

Entire Agreement. This Agreement, together with any written engagement letter and the final executed estate planning documents, constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral.

Severability. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall continue in full force and effect.

ACKNOWLEDGMENTS

By signing below, the Client acknowledges having read and understood this Agreement, consents to the scope and terms described herein, and authorizes the Attorney to proceed with the preparation of the selected estate planning documents.

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