Types of Wills

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The importance of having a Will cannot be overstated. There are many different types of Wills, and when it comes to estate planning, you'll want to make sure that you choose the right one. Your estate planning impacts your healthcare, assets, beneficiaries, and your loved ones. When you sign up for our Legal Protection Plans for Individuals & Families, you get a Will created for you by an experienced attorney at no additional cost. Read on for some information about the different types of Wills.

Simple Wills

A Simple Will is also called a Last Will & Testament, and it outlines how your assets are to be distributed when you pass away. A Simple Will can detail who is to receive your property, who will care for any minor children or pets you may have, and if you want to leave money to charitable organizations. Simple Wills are the most common type of will and are fairly straightforward and uncomplicated for those who do not have many assets.

Living Wills

A Living Will is designed to make you medical wishes known to healthcare providers in the event that you cannot voice those choices yourself. This type of will specifies details such as if you want life saving measures or life support, what types of medical treatment you want, and who can make decisions on your behalf if you become unable to make or communicate those decisions yourself.

Joint Wills

As the name implies, Joint Wills are a type of will that you make with another person. This document is generally used by spouses who intend to leave their assets to each other. The difference between a Joint Will and Mirror Will is that each person creates a separate document in a Joint Will, and Joint Wills cannot be changed independently.

Mirror Wills

As with Joint Wills, Mirror Wills are typically used by married couples who want to leave assets to each other, but the documents are identical in every way.

Holographic Wills

This type of will is handwritten and signed by the person who wrote it. It is generally not witnessed, but Holographic Wills have major drawbacks in that they are left open to interpretation by loved ones, which means that they can be contested in court.

Oral Wills

This type of will, also sometimes called a Nuncupative Will, is, as the name suggests, not written, but conveyed through speech. These types of wills are typically only used in extreme emergencies where there isn't time to write anything down. This makes them hard to authenticate and difficult to prove in court.

Pour-Over Wills

A Pour-Over Will is generally used in tandem with a trust. With a Pour-Over Will, your assets are transferred to your trust after you pass away, and then distributed from there according to your trust's terms.

With all the different types of Wills, knowing which one is right for your situation can be tricky, and making sure that your Will is legally enforceable can be difficult without legal assistance. Luckily, you get a free Will created for you by knowledgeable, dedicated, experienced attorneys with your paid membership to our Legal Protection Subscription Plans. That's right: for no additional fee, you can have the peace of mind of talking with an experienced estate planning lawyer, getting advice based on your situation, and having all the documents created for you for no additional cost! Your final wishes will be organized, detailed, and legal in the state where you live, giving you the peace of mind knowing that your loved ones will be spared difficult decisions in trying times. Learn more about these estate planning services or sign up today!

The Importance of a Living Will

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When a person cannot speak for themselves, a living will is an important health care document that is part of an estate plan, and it provides clear directives of a person's wishes, avoiding uncertainty in a difficult time and when loved ones may have differing wishes. A living will differs from a testamentary will in that it does not outline the disposal or distribution of a person's property or assets, but instead, a living will is a statement of a person's wishes as well as a guide for healthcare providers and family members.

What A Living Will Details

A living will - also known as an Advanced Directive - gives a person the right to direct future medical services and health care under circumstances where the person is unable to speak to healthcare providers or consult doctors personally due to incapacitation, a medical condition, or for another reason. This document gives instructions to medical personnel and health care providers for end-of-life situations; for example, directing attending physicians not to administer life-sustaining treatments or artificially administering nutrients or hydration. If such treatments have already begun, a living will may direct physicians to withdraw that treatment. A living will also allows you to appoint a proxy for your health care to help carry out your wishes. Laws vary state-to-state in regards to living wills and other documents, so it is always in your best interests to contact your attorney to discuss these and other estate planning issues.

Some states require that the attending physician and another doctor certify that the patient is permanently unconscious, terminally ill, or facing end-of-life conditions. If a healthcare proxy is named in a living will, that person can help make certain that the patient's wishes are carried out. The healthcare proxy should be someone who knows your wishes and is willing to make sure that those wishes are adhered to. It is also important to keep this information updated and current as your life changes.

Making A Living Will When You Are Well

If you are in good health, you may be asking why you need to have a living will. It is a document that will, hopefully, never be needed, but it can also alleviate stress for you and your loved ones in the event of a catastrophic medical issue or accident happens. It avoids disagreements among your loved ones at a stressful time, and ensures that what you want to happen is what occurs. Not having a living will has led to families dragging disagreements into court when they cannot agree on a plan to proceed involving a loved one's end-of-life care.

Many people have concerns regarding who makes the decision to administer or withdraw treatments when they cannot make those decisions themselves. A living will is an important and personal document that can avoid years of conflict or uncertainty about what a patient who cannot speak for themselves would want done. An example of this is a Florida case where a young, married woman fell unexpectedly into a coma and remained in that state for several years. Doctors believed that she would not recover and would remain vegetative for the rest of her life. Her husband wanted to remove life-sustaining treatments, but her parents wanted the treatment to continue. The case went to court, and, after a lengthy and expensive trial, the state court decided that the treatments could be stopped, and the woman passed away a few weeks later. This case highlights the importance of a living will, even for young, healthy adults.

If you are interested in preparing a living will as part of your estate planning, and want to make sure that it is legally enforceable in your state, speaking with an experienced, dedicated estate planning attorney is the best course of action. While many law firms charge thousands of dollars to prepare estate planning documents, members of our legal subscription plans get these essential documents prepared at no additional charge. Individuals and families can sign up for our legal subscription plans for just $299 per year and begin your living will, testamentary will, and other estate planning documents quickly and easily using our app for no additional cost. After filling out a quick questionnaire in the app, your attorney will contact you with any additional questions and have your documents prepared and ready to file with your state usually within just a few days. And another benefit is that you can update your wills for free at any time when your life changes as long as you remain a member. Learn more about estate planning through our legal subscription plans or sign up today!

Do You Need A Will?

When it comes to the topic of estate planning, most people have one question: do I need a Will? No one likes thinking or talking about death and dying, but your estate planning documents are some of the most important legal documents you will ever need, and you shouldn't wait to create one. Your Last Will & Testament not only outlines your wishes for the distribution of your property and assets, but it also details your wishes regarding the care of any minor children you may have, your wishes for your health care should you become unable to voice those decisions yourself, and even what happens to your pets after you pass away.

Many people think that Wills are just for wealthy people and that regular folks don't need a Will, but, in actuality, every person over the age of 18 needs a Will, regardless of how much wealth they have. If you have questions about your estate planning, or would like to get your Last Will & Testament created at no additional fee, our Legal Protection Subscription Plans may be right for you. Learn more about all the benefits of becoming a member, get details about getting your free Last Will & Testament when you become a member, and read on for more information about Wills and Estate Planning and why you should consider them now.

Creating a Will as soon as possible, regardless of your finances or age, ensures that your children, pets, property, money, and other assets are cared for in the manner you wish for them. If you pass away without a Will, your estate is considered "intestate," which means that the courts in your state will decide how your assets, property, and money is divided up without your input. If you have no heirs, your assets and property could go to the state. If you have children, the courts will decide how they are cared for; the same goes for pets. Having a Will means that you get to choose how your children will be cared for, who will care for your pets, and how your property and assets are distributed when the time comes.

Consider drafting a Living Will or Advanced Directive at the same time so that your wishes for your health care are known if you should become incapacitated or otherwise can't voice those decisions to health care providers.

A Will also minimizes family conflicts and alleviates stress at a difficult time. Your Will makes certain that your wishes are carried out legally and are enforceable in the state where you live.

Besides that fact that many people don't like thinking about passing away, people also avoid taking action when it comes to estate planning because they fear it will be difficult or confusing. Members of our Legal Protection Plans get a Last Will & Testament drafted by experienced, dedicated estate planning lawyers in our network of law firms across the country at no additional fee, making sure that their estate planning documents are complete, accurate, and most importantly, legally enforceable in your state's courts. Getting your estate planning documents created by our attorneys can happen in as little as five business days and all you need to do is answer a few simple questions about your estate, property, assets, and beneficiaries. You can even do this in the app and your attorney will contact you in a day or so for more details if needed. You can update your Will whenever your situation changes, too, as long as you're a member. Learn more about our Legal protection Subscription Plans for Individuals & Families, or sign up today!

August is National "Make a Will" Month - Members Create Wills For Free All Year Long!

Most law offices charge thousands of dollars for Estate Planning Legal Services, but members of our Legal Subscription Plans for Individuals & Families can not only get their estate planning done for free, they also get a year of legal advice and service from our network of law firms across the US, Canada, and UK! You will have the peace of mind of knowing that your will is complete, legal, and ready with the help of our network of experienced, dedicated, attorneys, as well as being able to have your attorney look over other documents and contracts, write letters and make phone calls on your behalf, help you with consumer finance issues, settle disputes, and much more! Take a look at the list of services available to our legal plan subscribers at this link. All of this for just $299 for the entire year!

Summer is a great time to cross items off your "to-do" list, and, with our Legal Subscription Plan Member Benefit of a Free Last Will & Testament, creating your will doesn't have to be complicated, difficult, or expensive, and, no matter where you are in your estate planning, there are things you can do right now to save you time and money, and to spare legal hassles for your loved ones in the future.

Organize your thoughts and create a draft of your wishes

It isn't just wealthy, elderly persons with mansions who need a will; age and income are irrelevant when it comes to who needs to have a will. Your will doesn't need to be a lengthy, intimidating legal document. Making sure your health care wishes are carried out if you should become incapacitated or otherwise unable to tell doctors what your wishes are is of the utmost importance, and your Advance Directive or Living Will makes it easy to put your wishes for your future health care in writing in a legally enforceable format. If you own assets or have children, a will is one of the most important documents you need to have. Make a list of your assets - such as bank accounts, houses, vehicles, even pets - and to whom you'd like them to go. Start thinking about trustworthy individuals you can appoint to important roles in your will. Thinking about financial and health care powers of attorney and to whom you would want to make those decisions on your behalf is a good idea at this phase, too.

Have Contingency Plans

As you select important roles for loved ones carrying out your final wishes - such executor of your will, who has your power of attorney, who will have custody of your children (if you have any) - think about second and third options in the event that something happens to your first choices down the road. These aren't fun things to think about, but taking care of them now will make a stressful situation less complicated in the future.

When you become a subscriber to our legal subscription plans, drafting your will is easy, and you know that it will be enforceable in your state of residence, as you will get to work with local attorneys who know how estate law is applied in your state. Since laws governing wills, estates, and probate vary from state to state, it is invaluable to have a legal professional in your corner when drafting your will.

From our app, sign in and click "Start Will." Fill out the short questionnaire and an attorney in your area will get in touch to go over your answers. From there, your attorney will prepare your will for your review in as little as five business days. You will have the opportunity to make changes and finalize the document. Once filed, keep your copy in a safe, secure, accessible place.

As your life changes, you may need to update your will, such as if you have children, get married, get divorced, buy a house, and more. Continuing to stay on as a legal plan subscriber gives you access to update your will whenever you need to at no additional charge.

So don't wait! Sign up to become a member of our Legal Subscription Plans for Individuals & Families today and get your Will and other Estate Planning documents prepared at no additional charge!

Have An Attorney Draft Your Will For Free

The overwhelming and complicated nature of wills is why a majority of Americans don't have a will, among the most important legal documents in the average American's lifetime. In face, most Americans fail to make out a will before passing away.

Making a will can seem like a daunting task, but passing away without a will leaves you and your family without any control of where assets go or who will care for your children, leaving those decisions solely up to the court system.

The good news is, our Individuals and Families Legal Subscription Plan comes complete with estate planning at no additional charge. That's right: sign up for an Individuals & Families Legal Subscription Plan and you will be able to have your will created by experienced estate planning attorneys at no additional cost to you.

Having an attorney walk you through creating your will and other estate planning will help make sure that your will is complete, accurate, enforceable, and legal in your state. Your attorney will be able to help you make decisions you know need to be made and probably help you address issues you hadn't thought of yet.

Some issues to consider while drafting your will with your attorney:

• Who will receive your assets? Your house, money, cars, and other belongings?

• Who will be the Executor or Representative for your will? This person will need to know where your estate documents - including your will - are located in the event of your passing, and will make sure that your wishes are carried out, so this needs to be someone you trust.

• If you have minor children, who will be the appointed guardian?

Without a will, the courts of your state will decide who will be the guardian of your minor children, so this is definitely one of the most important aspects of your will. Your will needs to be as specific as possible when it comes to scenarios that can happen over time, such as, what happens if your chosen guardians get divorced, pass away, move to another state, etc?

Make sure that the names of anyone in your will and their relationships to you are spelled out in your will. Be specific with names: instead of saying "my wife" or "my husband," use their full legal names and double check the spelling.

Finally, making sure that your will is enforceable means that it must meet the legal requirements for a will in your state. Each state has its own laws that govern the requirements that wills must meet. Knowing what those requirements are and how to meet them is much easier with the help of an experienced estate planning attorney.

As a member of our legal subscription plans, starting your will is easy.

From the app, tap the "Start Will or Other Document" tile and fill out the short questionnaire about your marital status, your assets, and final wishes. When you are finished, tap "Submit to Provider" and the answers will be sent to your provider attorney to start drafting your will. Your attorney will call you and review your answers and ask any additional questions to complete your will. Within two weeks, you will receive your finished will. From there, make sure to follow your attorney's instructions to have your will properly executed. And, if you ever have further questions or need assistance, your attorney is only a phone call away.

Don't wait until it's too late to have these important documents finalized. Sign up today to get your free will drafted by experienced lawyers today! With our legal subscription plan, you will be able to have a lawyer assist you with your estate planning or any other personal legal matter for just one low, monthly fee.

Estate Plans For Expecting Parents

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The importance of an estate plan cannot be overstated, and while younger people tend to think that they don't need an estate plan until they're older, the truth is, no matter how old someone is, every adult needs to have a legally enforceable estate plan in place. This is particularly important for parents and soon-to-be parents. In fact, experts recommend that expecting parents set up an estate plan before the due date. If you need help setting up your estate plan - regardless of your age - your membership in our Legal Protection Subscription Plans for Families & Individuals lets you get a legally enforceable estate plan - including a Last Will & Testament, advanced directive, and more - included with the cost of your membership. That's right: you can get these extremely important documents created for you at no additional charge when you sign up. Learn more about our Estate Planning Benefits and read on for more info about why it's important for new parents to have an estate plan.

It is crucial to have an estate plan in place before your child arrives, for a number of reasons. Having a will is critical, and it can protect you and your child in the event of an emergency.

For Medical Care

Every medical procedure comes with risks, and a medical directive can help you decide in advance in the event of incapacitation or if you are not able to do so yourself. Your advanced directive can detail important decisions if you are not able to voice those wishes yourself, including medical priorities, so that the healthcare professionals can do their job according to your expressed wishes.

For Your Child’s Future

In a worst-case scenario, it is comforting to know that you have made plans in advance for your child in case of unforeseen circumstances. You will be able to specify who will care for your child if you can't. If you should pass away or become unable to care for the child yourself without a Will in place, the courts will decide for you what is best for the child. Sometimes, that is not a person that you would choose yourself.

For Power of Attorney

Your Will can stipulate someone who is allowed to speak for you and make decisions on your behalf if you become unable to do so yourself. Designating a person in your Will to have Power of Attorney will allow you to have someone you trust making decisions on your behalf when it comes to legal matters, business matters, and regarding things that may not have been explicitly specified in your Will.

For Your Assets

A Will allows you to determine how your assets - property, bank accounts, stocks and investments, vehicles, and more - are distributed upon your passing. Your Will gives you the opportunity to designate people to care for your property until your child is old enough to inherit.

If you have questions about making your wishes legally binding, setting up an estate plan through our Legal Protection Subscription Plans for Individuals & Families is a great, cost-effective way to do that, giving you a legally enforceable Estate Plan document in as soon as 5 days, all for one low monthly cost, less than a dollar per day. Learn more about this essential benefit, or sign up today!

Do You Need A Will?

A couple wearing denim shirts walks down a dirt road away from the camera holding hands with two small children

We're finishing off our series on estate planning for National Make A Will Month with the big question: do you need a will? No one likes thinking or talking about death and dying, but your estate planning documents are some of the most important legal documents you will ever need, and you shouldn't wait to create one. Your Last Will & Testament not only outlines your wishes for the distribution of your property and assets, but it also details your wishes regarding the care of any minor children you may have, your wishes for your health care should you become unable to voice those decisions yourself, and even what happens to your pets after you pass away.

Many people think that Wills are just for wealthy people and that regular folks don't need a Will, but, in actuality, every person over the age of 18 needs a Will, regardless of how much wealth they have. If you have questions about your estate planning, or would like to get your Last Will & Testament created at no additional fee, our Legal Protection Subscription Plans may be right for you. Learn more about all the benefits of becoming a member, get details about getting your free Last Will & Testament when you become a member, and read on for more information about Wills and Estate Planning and why you should consider them now.

Creating a Will as soon as possible, regardless of your finances or age, ensures that your children, pets, property, money, and other assets are cared for in the manner you wish for them. If you pass away without a Will, your estate is considered "intestate," which means that the courts in your state will decide how your assets, property, and money is divided up without your input. If you have no heirs, your assets and property could go to the state. If you have children, the courts will decide how they are cared for; the same goes for pets. Having a Will means that you get to choose how your children will be cared for, who will care for your pets, and how your property and assets are distributed when the time comes.

Consider drafting a Living Will or Advanced Directive at the same time so that your wishes for your health care are known if you should become incapacitated or otherwise can't voice those decisions to health care providers.

A Will also minimizes family conflicts and alleviates stress at a difficult time. Your Will makes certain that your wishes are carried out legally and are enforceable in the state where you live.

Besides that fact that many people don't like thinking about passing away, people also avoid taking action when it comes to estate planning because they fear it will be difficult or confusing. Members of our Legal Protection Plans get a Last Will & Testament drafted by experienced, dedicated estate planning lawyers in our network of law firms across the country at no additional fee, making sure that their estate planning documents are complete, accurate, and most importantly, legally enforceable in your state courts. Getting your estate planning documents created by our attorneys can happen in as little as five business days and all you need to do is answer a few simple questions about your estate, property, assets, and beneficiaries. You can even do this in the app and your attorney will contact you in a day or so for more details if needed. You can update your Will whenever your situation changes, too, as long as you're a member. Learn more about our Legal protection Subscription Plans for Individuals & Families, or sign up today!

Estate Account Basics

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If you are named as the executor of a loved one's estate, one item that you will want to know more about is what is known as an Estate Account. As its name might suggest, an Estate Account is a bank account that is set up temporarily in the executor's name, and it is used to take care of financial aspects of an estate's funds, expenses, taxes, debts, costs related to probate, and, finally, to distribute funds to named beneficiaries of an estate. There are many aspects of estate planning where you may find legal advice helpful, from setting up and creating estate planning documents to questions regarding responsibilities as an executor of an estate, and you can get all your legal questions answered for one low, monthly fee of $29.95 with our Legal Subscription Plans for Individuals & Families, and, as an added bonus, our members get estate planning documents created at no additional fee.

How to Create An Estate Account

Estate accounts make accounting for estate funds easy, as you will be able to have records to track where funds are going and how they are being used in case there are ever any questions. This reduces the chance of misused funds, particularly in cases where there is a shared account. Keeping estate funds separate from personal funds also adds a layer of protection as distribution of the estate commences, as well as making taxes easier. As an executor of an estate, you'll start by gathering documents, including the death certificate, a copy of the will if one exists, and any state-specific documents that you might need, as laws and rules vary state-to-state.

Probate is a legal process by which assets from an estate are transferred to beneficiaries as laid out in the Will. If there is no Will, there will probably be additional steps to become the executor of the estate. At this point, the court will want to see the death certificate and a copy of the Will if there is one.

Setting up an estate account will require a tax ID number specifically for the estate account, and you can apply for this online at the IRS web site. This simplifies filing the taxes for the estate to the IRS, and it is the same as getting an employer ID number for taxes. The bank will need this EIN to open the account for the estate, so be sure to bring proof of this number with you to the bank when you open the account. It's also a good idea to contact the bank beforehand to ascertain if the bank will need any further documentation in order to open the account and to bring that with you, too.

Estate accounts don't cost anything extra, and they are virtually the same process to open as any other bank account. Estate accounts are typically just standard checking accounts, but you may need a few different types of accounts, depending on how complex the estate is.

Once the account is open, you'll be able to make deposits, payments, and distribute the estate according to the Will. Once this process is complete, it is likely that you won't need the account, and you should be able to work with the bank to close it when the time comes. The documentation needed to close an estate account can vary from bank-to-bank and state-to-state, so it is best to check beforehand on what documentation you will need once the terms of the Will are satisfied.

Estate management can be confusing, and that's why having access to legal advice any time a legal question arises is so convenient. Our Legal Protection Subscription Plans give you access to experienced, dedicated, estate planning attorneys 24/7 through our app or via telephone at an affordable price. Learn more about all the benefits of membership or sign up today!

Can A Will Be Changed With A Power of Attorney?

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A Power of Attorney is an important legal document that allows someone of your choosing to make decisions on your behalf if you should ever become unable to do so yourself. The type of decisions can be financial, health care related, regarding your business affairs, and more. But could someone with power of Attorney change your will? If you need legal advice regarding your estate planning or wish to have your estate planning documents - including power of attorney, living will, last will and testament, or a trust - created for you, members of our Legal Protection Subscription Plans for Individuals & Families can get these important documents created at no additional fee. Learn more about this benefit and read on for a brief overview of Power of Attorney.

When you are creating your estate planning documents, you have the option of creating a Power of Attorney. This is a document that gives someone you choose the authority to make decisions for you if you should become incapacitated or otherwise unable to make those decisions yourself. The person you choose is known as your "agent" or "attorney-in-fact," and you can give this person as much or as little power as you choose. You can give them authority over just your finances or just medical decisions, or both.

A Power of Attorney can be either "durable" or "non-durable," and the difference comes down to when your agent has power of attorney. A durable POA stays in effect if you become incapacitated while a non-durable POA is only valid while you're competent. A "Springing" power of attorney only becomes valid upon your inability to make decisions for yourself, for example, if you are incapacitated or gravely ill.

Your will is a very important document, as it makes your wishes known before you are sick or pass away, and directs what happens to your assets after you die. A Living Will - also called an Advanced Directive - allows you to make decisions about your end-of-life care in advance, in case you are unable to do so later.

You need a will created to take care of family, children, loved ones, pets, and assets when you pass away, and a Power of Attorney is an important position that gives someone power to make decisions for you while you are still alive, whereas a will only becomes valid after you die.

One question people often have is whether or not a person with power of Attorney can make changes to a will, and the short answer is no. However, a person with Power of Attorney can still affect an Estate plan, in that someone with financial Power of Attorney will have the ability to make financial decisions, such as managing bank accounts, paying bills, managing investments, and attending to debts.

Importantly, Power of Attorney is revocable, which means that you can cancel or change it at any time, and you should consider updating your Power of Attorney on a regular basis so that it reflects your current wishes and/or circumstances. Examples might be if your marital status changes or the person you've appointed as your agent passes away or moves far away.

Getting advice from an experienced, qualified estate planning attorney is always a great idea when you're thinking about any Power of Attorney, as you will be better able to understand the law, protect your rights, and make sure that all your documents are in order. An estate planning attorney can help you with any questions you might have about your Power of Attorney as well as help you prepare and create your comprehensive estate plan that will address your unique situation and goals. Learn more about getting your will completed at no additional charge when you're a member of our Legal Protection Subscription Plans, or sign up today!

The Basics About Trusts

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One of the most important estate planning decisions that you'll make is whether or not to set up a Trust. With a Trust, you can protect your assets and ensure that your loved ones are taken care of, and, while most people know the benefits of a Trust, the process of setting one up is somewhat less well-known. Our network of estate planning attorneys available to you through our Legal Protection Subscription Plans for Individuals & Families can give you advice based on your specific situation, including setting up a Trust or getting your estate planning documents created at no additional charge. Learn more about these benefits of membership, and read on for a few tips on Trusts.

A Trust is an arrangement in which someone manages assets or property for a beneficiary. This person is known as a Trustee, and has a legal obligation to adhere to the terms of the Trust and to manage it according to those terms, as set by the settlor, or the person who creates the trust and puts property into it. Those who will benefit from the Trust are called beneficiaries.

Trusts generally fall into one of two categories: Living Trusts and Testamentary Trusts. As their names might suggest, the main difference between the two is the moment of creation. A Living Trust is created while the settlor is still living, and the terms of this document can be changed over time. Meanwhile, a Testamentary Trust is created upon the settlor's passing and the terms cannot be changed. Trustees of a Trust are appointed in the Will, and will have a legal duty to carry out your wishes exactly.

One of the first questions people ask is how much it costs to set up a Trust, and the answer is, it varies. Depending on the type of Trust you want to create, what assets and properties are going into the Trust, and whether or not you choose to use an attorney or another kind of professional to assist with the process. A simple estate going into a Living Trust that you set up yourself usually costs less than $500. A more complex estate should usually be handled by a legal professional, and depending on how complex the estate is, hiring someone to handle the creation of a complex Trust can be a few hundred to a few thousand dollars. Generally, however, setting up a Trust is not terribly expensive, and it is usually worth the money if your estate is complex or if you are unsure about any part of the process.

Though you are not required to use legal representation to establish a Trust, as mentioned above, if you are unsure about an aspect of the process, it may be best to seek out legal counsel. A lawyer can advise you based on your specific situation and help you choose what type of Trust is right for you and make sure that the necessary paperwork is prepared and handled correctly.

If you have questions about whether a Trust is right for you, our network of experienced, dedicated estate planning attorneys can guide you through the entire process of setting up your estate planning documents, including a Last Will and Testament, Advanced Directives, Living Wills, and give advice about Trusts and other estate planning essentials, critical to your specific situation, all for no additional fee for our members. Learn more about the benefits of being a member of our Legal Protection Subscription Plans and the Estate Planning Benefits, or sign up today!

How To Discover If Someone Has A Will

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It may come as a surprise to learn that many people don't let their loved ones know that they have a will. Having to search for a will in a difficult time can be stressful and overwhelming. With your subscription to our Legal Protection Plans for Individuals & Families, you can get you Estate Planning documents prepared by your attorney at no additional charge, saving you hundreds of dollars over hiring an attorney on your own. Read on for a few tips on discovering if a loved one has a will.

Ask Them About Their Estate Planning

It may seem obvious, but the easiest way is to reach out and ask. If the person is question has already passed, contacting their family, friends, or the executor (the person tasked with distributing the deceased's property) and ask if they know where the will is kept. These conversations can be difficult and uncomfortable, but they are sometimes necessary. The Will must be taken to probate court within a certain time frame, depending on the jurisdiction. The executor of the Will has a duty to contact anyone named in the Will and make the Will's contents known. While many believe that Wills are private, they are public documents.

Do Thorough Research

Wills are generally kept in places that aren't very obvious, so make sure to thoroughly go through files and other papers and documents to see if the Will is filed away. Check boxes and files in places that aren't typical for the storage and organization of paperwork, such as in pantries, boxes in bedrooms, storage rooms, closets, garages, and storage units. Check for secret compartments in desks, paintings, tables, and even behind shelves and in floors and walls. Check the attic and basement, suitcases, and even look through book pages in case it might have been tucked away there. Diaries, journals, and online accounts sometimes have clues to where documents like a Will might be kept.

Ask The Lawyer

How could you find out which lawyer drew up the Will? Checkbooks and payment records may lead you to the law office where the attorney who drew up the Will works, and a web search should get the contact information from there. The attorney who drew up the Will should have a copy, and while they won't tell you what's in, most likely, they can verify its existence.

Check The Bank

check the banks where the deceased did banking and see if they had a safe deposit box. It is a popular place to store important documents.

Public Records

It's possible that the Will is already in the public record. This happens when the executor starts Probate without notifying all parties. The clerk of the court files the Will after a person dies, but not all Wills are in the public record.

Stay Vigilant

Check the court web site regularly for new Will filings and newly open Probate cases. Let the Probate court know that you want to be notified and, in some states, you can request to be notified if a Probate case is opened in the name of the deceased.

Estate Planning documents are among the most important documents you will need, and legal assistance for making sure that your Will is complete and legally enforceable in your state is extremely important. You can get professional legal help with your Estate Planning, including a Last Will & Testament, a Living Will, Trusts, and more for free when you're a member of our Legal Protection Subscription Plans. Don't wait another day to get these important documents prepared! Sign up today!

Which Type of Will Is Right For You?

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The importance of having a will cannot be overstated. There are many different types of wills, and when it comes to estate planning, you'll want to make sure that you choose the right one. Your estate planning impacts your healthcare, assets, beneficiaries, and your loved ones. When you sign up for our Legal Protection Plans for Individuals & Families, you get a will created for you by an experienced attorney at no additional cost. Read on for some information about the different types of wills.

Simple Wills

A Simple Will is also called a Last Will & Testament, and it outlines how your assets are to be distributed when you pass away. A Simple Will can detail who is to receive your property, who will care for any minor children or pets you may have, and if you want to leave money to charitable organizations. Simple Wills are the most common type of will and are fairly straightforward and uncomplicated for those who do not have many assets.

Living Wills

A Living Will is designed to make your medical wishes known to healthcare providers in the event that you cannot voice those choices yourself. This type of will specifies details such as if you want life saving measures or life support, what types of medical treatment you want, and who can make decisions on your behalf if you become unable to make or communicate those decisions yourself.

Joint Wills

As the name implies, Joint Wills are a type of will that you make with another person. This document is generally used by spouses who intend to leave their assets to each other. The difference between a Joint Will and Mirror Will is that each person creates a separate document in a Joint Will, and Joint Wills cannot be changed independently.

Mirror Wills

As with Joint Wills, Mirror Wills are typically used by married couples who want to leave assets to each other, but the documents are identical in every way.

Holographic Wills

This type of will is handwritten and signed by the person who wrote it. It is generally not witnessed, but Holographic Wills have major drawbacks in that they are left open to interpretation by loved ones, which means that they can be contested in court.

Oral Wills

This type of will, also sometimes called a Nuncupative Will, is, as the name suggests, not written, but conveyed through speech. These types of wills are typically only used in extreme emergencies where there isn't time to write anything down. This makes them hard to authenticate and difficult to prove in court.

Pour-Over Wills

A Pour-Over Will is generally used in tandem with a trust. With a Pour-Over Will, your assets are transferred to your trust after you pass away, and then distributed from there according to your trust's terms.

With all the different types of Wills, knowing which one is right for your situation can be tricky, and making sure that your Will is legally enforceable can be difficult without legal assistance. Luckily, you get a free Will created for you by knowledgeable, dedicated, experienced attorneys with your paid membership to our Legal Protection Subscription Plans. That's right: for no additional fee, you can have the peace of mind of talking with an experienced estate planning lawyer, getting advice based on your situation, and having all the documents created for you for no additional cost! Your final wishes will be organized, detailed, and legal in the state where you live, giving you the peace of mind knowing that your loved ones will be spared difficult decisions in trying times.  Learn more about these estate planning services or sign up today!

Younger Americans Are Planning For The Future

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One of the most important documents you will ever need is a will, but more than half of all Americans will pass away without one. Younger people tend to believe that they do not need to worry about a will until they are older, but having these documents in place can help if something unexpected happens, including having your wishes known to medical personnel if you should become incapacitated and unable to voice those decisions yourself. Members of our legal subscription plans get wills, living wills, trusts, and advance directives included with their membership at no additional cost, and more and more younger people are interested in making sure their final wishes are legally enforceable if needed; in fact, in the last year, the percentage of Millennials and Gen Z who have created a will has gone up from 18% to 27%. The consequences from not having a will can be overwhelming for your family. Here's what happens when you die without a will:

You Have No Control Over Your Assets

Your house, vehicles, jewelry, art, furniture, family photos, and other valuables will be divided up by your state's probate court.

You Have No Say In What Happens To Minor Children

If you are expecting or have children, it is critical that you have a legally enforceable will. If you do not have one, where your children live and who takes care of them will be decided by the state.

You Have No Say in What Happens to Your Pets

If you do not have a will that includes who should care for your pets and how they will be cared for, again, a court will decide, and that can include someone appointed by the court, and that could include a shelter.

You Have No Say in What Happens to Your Money

Without a will, the state will decide what happens to any savings you may have. Any charities that you support will probably not be considered.

If you're ready to make your will and have your decisions created into a legally-enforceable document in your state, here are a few tips to get you started:

• If you have children, decide who you want to care for them in a worst-case scenario. Who could realistically care for them? Talk with those who you think might be good candidates for taking care of your minor children and make sure that they are willing to do so.

• Where would you like your belongings to go? Who inherits your home, your vehicles, and other assets? What about family heirlooms?

• Who would be the best choice to care for your pets? What do you want to happen to your remaining money? Parents usually earmark money to care for their children, but those without kids may want to designate a favorite charity, an alma mater, or some other worthy cause.

• One thing that many people don't think about in this age of technology is what should happen to your public profiles on social media or even your computer files and hard drives. A will is a way you can designate someone you trust to take care of your digital persona if you are unable to.

• Consult with a lawyer. Handwritten or typed wills are generally not legally enforceable, so talking with a lawyer who is familiar with probate laws in your state to go over your plan and your situation is a great choice to make sure that not only are your wishes documented, but that your state will recognize them legally. As a member of our legal subscription plans, you can start creating your will the first day you're a member and have your attorney review everything in a matter of days.

Death isn't a fun topic to think about, but planning ahead for the future can alleviate stress on your family and loved ones at a difficult time. Learn more about all the benefits of membership in our legal subscription plans, or sign up today to get started on your will.

What Can Health Care Agents Decide?

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First a definition: A Health Care Agent is someone who can make health care decisions for you if, for some reason, you are unable to do so yourself. A health care agent is someone you can appoint in your living will or advanced directive documents. By appointing a health care agent, you can relieve your family of the burden and anxiety of making medical choices for you, and you can carefully explain your exact wishes to the health care agent you choose. Health care agents are also sometimes called health care proxies, and they can only make decisions for your health care when you cannot do so yourself.

Benefits of Having A Health Care Agent

You are not required by law to have a health care agent, but having someone to serve in this capacity can be beneficial. People often choose their spouse to be their health care agent if they are married or about to be married. One consideration is that family members may have a difficult time making health care decisions on your behalf. Times such as these can be stressful on loved ones, and there may be disagreements about your medical care. In these cases, the decision often gets made by a court-appointed guardian, administrators at the hospital, or doctors. By appointing a health care agent, you relieve your family of this burden and the anxiety of making these decisions. When you appoint a health care agent, you should spend some time detailing your exact wishes in various scenarios and health care situations.

The Role of A Health Care Agent

When you have a living will - also known as an advance directive - you can detail the type and kind of medical treatments you would wish to receive in various circumstances, and the kinds of treatments you would not want. In the event that you are not able to communicate these wishes to health care providers, your living will can make your wishes known. One duty of your health care agent is to make sure that, if something happens to you where you are unable to make decisions for yourself, the treatment you receive is in agreement with your wishes in your living will. In the absence of an advanced directive, the doctors will ask your health care agent to make these decisions for you.

What Is A Health Care Agent Authorized To Do?

Different states have different laws about what health care agents can do, but, in general, your health care agent will be able to:

• Decide the use of life support systems and treatments

• Approve or stop treatments that do not improve your condition

• Access and release your medical records

• Request an autopsy

• Donate your organs (unless your living will expressly forbids this)

Authorizations That May Vary By State

You may want to check with the laws in your state, as some states prohibit health care agents from:

• Requesting an abortion or sterilization

• Refusing life support or other life sustaining treatments

• Withdrawing life support or other life sustaining treatments

What A Health Care Agent Cannot Do

Health care agents or proxies cannot make any decisions about your money or be required to pay your bills, including medical bills. Other limitations may vary by state.

How To Choose A Health Care Agent

Because it is such an important role, and selecting the person who will speak for you and make decisions on your behalf if you cannot make them yourself can be overwhelming. A good place to start is to deeply consider your family and friends. Is there anyone you have a deep connection with, who shares your same values, and who is capable of handling such a task? If no one in your circle of family and friends makes a good match for this role, you can consider appointing your attorney as your health care agent.

Some people also name alternative health care proxies in the event that the first choice is unavailable. Always make sure that the people you choose for this role are willing and able to serve in this vital capacity.

How Much Authority Should You Give Your Health Care Agent?

Some people choose to give their health care agent wide authority in regards to medical decisions, while others prefer to restrict the authority and decision making to very specific situations. You do not want to box your agent into an impossible situation by having instructions that are too specific, as circumstances often have variables that are hard to predict. It is a good idea to talk to your doctor about various scenarios and the kinds of decisions that might need to be made in various circumstances.

Making Your Health Care Decisions Legal

To take effect, you will need to make your living will and health care agent choices official. There are legal forms to fill out and file that create a legal document that conveys your wishes for end-of-life care. Some states require that someone witness the signing of these documents, and some states require that the signatures be notarized. Notary publics can be found at banks, libraries, and post offices, but we offer notary services at our offices, too.

When you're a member of our legal subscription plans, your attorney can help you draft a living will and appoint a health care agent as part of your estate planning benefit. As a member, these services are included with your subscription. Learn more about this essential benefit here, or sign up now!

Why A Living Will Is So Important

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When a person cannot speak for themselves, a living will is an important health care document that is part of an estate plan, and it provides clear directives of a person's wishes, avoiding uncertainty in a difficult time and when loved ones may have differing wishes. A living will differs from a testamentary will in that it does not outline the disposal or distribution of a person's property or assets, but instead, a living will is a statement of a person's wishes as well as a guide for healthcare providers and family members.

What A Living Will Details

A living will - also known as an Advanced Directive - gives a person the right to direct future medical services and health care under circumstances where the person is unable to speak to healthcare providers or consult doctors personally due to incapacitation, a medical condition, or for another reason. This document gives instructions to medical personnel and health care providers for end-of-life situations; for example, directing attending physicians not to administer life-sustaining treatments or artificially administering nutrients or hydration. If such treatments have already begun, a living will may direct physicians to withdraw that treatment. A living will also allows you to appoint a proxy for your health care to help carry out your wishes. Laws vary state-to-state in regards to living wills and other documents, so it is always in your best interests to contact your attorney to discuss these and other estate planning issues.

Some states require that the attending physician and another doctor certify that the patient is permanently unconscious, terminally ill, or facing end-of-life conditions. If a healthcare proxy is named in a living will, that person can help make certain that the patient's wishes are carried out. The healthcare proxy should be someone who knows your wishes and is willing to make sure that those wishes are adhered to. It is also important to keep this information updated and current as your life changes.

Making A Living Will When You Are Well

If you are in good health, you may be asking why you need to have a living will. It is a document that will, hopefully, never be needed, but it can also alleviate stress for you and your loved ones in the event of a catastrophic medical issue or accident. It avoids disagreements among your loved ones at a stressful time, and ensures that what you want to happen is what occurs. Not having a living will has led to families dragging disagreements into court when they cannot agree on a plan to proceed involving a loved one's end-of-life care.

Many people have concerns regarding who makes the decision to administer or withdraw treatments when they cannot make those decisions themselves. A living will is an important and personal document that can avoid years of conflict or uncertainty about what a patient who cannot speak for themselves would want done. An example of this is a Florida case where a young, married woman fell unexpectedly into a coma and remained in that state for several years. Doctors believed that she would not recover and would remain vegetative for the rest of her life. Her husband wanted to remove life-sustaining treatments, but her parents wanted the treatment to continue. The case went to court, and, after a lengthy and expensive trial, the state court decided that the treatments could be stopped, and the woman passed away a few weeks later. This case highlights the importance of a living will, even for young, healthy adults.

If you are interested in preparing a living will as part of your estate planning, and want to make sure that it is legally enforceable in your state, speaking with an experienced, dedicated estate planning attorney is the best course of action. While many law firms charge thousands of dollars to prepare estate planning documents, members of our legal subscription plans get these essential documents prepared at no additional charge. Individuals and families can sign up for our legal subscription plans for just $29.95 per month and begin your living will, testamentary will, and other estate planning documents quickly and easily using our app. After filling out a quick questionnaire in the app, your attorney will contact you with any additional questions and have your documents prepared and ready to file with your state usually within just a few days. And another benefit is that you can update your wills for free at any time when your life changes as long as you’re a member. Learn more about estate planning through our legal subscription plans or sign up today!

What Happens To Your Child When You Don't Have A Will

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If you die without a Will, you are considered "intestate," meaning that the laws of your state will make a Will for you, including who will care for your minor children and your assets that they will inherit when they become adults. It is a difficult thing to think about your child's life without you if something should happen to you, which is why planning for them is difficult. Your child will benefit from your careful planning for their future. Having a Will in place gives you a say regarding the care of your child and what they will inherit if something should happen to you.

When a person passes away, a Will answers final questions regarding assets, but a Will's sole purpose is not deciding what happens to your house, cars, bank accounts, and other assets. One of the most important reasons to have a Will if you have minor children is selecting who will care for those children in the event you become incapacitated or pass away suddenly. If you do not have a Will in place, you have no say in this very important decision, as it will be left to the court to decide many issues pertaining to your minor children, including:

Who Will Care For Your Minor Children?

The decision of who will care for your minor children if you and your spouse are incapacitated or pass away will be left to your state's court system if you do not have a legally enforceable Will in place. If there is another surviving biological parent, that person will likely be designated by the courts to assume full custody of the child. If that person is no longer alive or is unable to assume custody for some other reason, the court will probably choose a biological relative of the child to assume custody.

What Is In The Best Interests of the Child?

The court, depending on your state's laws, will usually consider the child's best interests when deciding custody or guardian matters. If the court deems the other parent "unfit," the court could name a third party as guardian. In these circumstances, a Will is the only way to state your wishes, but a Will usually does not change the other parent's rights. If the child is reaching an age that is close to adulthood, the court may ask the child's preferences and take those into account. The age at which a child's preferences are considered varies state to state.

Who Will Manage Your Minor Child's Finances?

A conservator can be appointed by the court to manage finances and assets for a minor child until the child turns 18, or the age of majority in the state of residence. After that, the conservator's role is terminated. Typically, the person selected as guardian is also appointed as conservator, but there are cases where these roles are held by two or more people. You can make this decision yourself in your Will if you have chosen someone - or a financial institution - to be your minor child's conservator, and it differs from the guardian. If you want your child to continue to wait to have funds or limited access to the funds after turning 18, you can set up a trust in your Will, specifying at what age your child will gain access to the trust.

Consult With An Attorney Today To Get Your Will Started

Preparing a Will may seem complicated, but we have made the process as easy as possible on you. As a member of our legal subscription plans, you will have access to an experienced, dedicated law firm in your state who can guide you through each step of the process. You'll start by answering a few simple questions on our app and your law firm will contact you with any additional questions or documentation that is needed.

With our legal subscription plans, you can get started on your Will today with the help of an experienced, dedicated attorney who can help you draft your Will and ensure that it is legally enforceable in your state. And if you ever need to make changes as your life changes, you will always be able to do so as long as you're a member. We make the process of drafting and filing your Will simple and streamlined so you can have this important document ready if it is ever needed.

Learn more about this essential benefit of your legal subscription plan or sign up today!

August is National "Make a Will" Month - Create Yours Now!

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To make your estate planning process easier, we're running a special that lets you create your will with a dedicated, experienced estate planning attorney for just $299.40! Most law offices charge thousands of dollars for just this service, but you can not only get your estate planning done for one low fee, you will also get a year's worth of service from our individuals and families legal subscription plan! You will have the peace of mind of knowing that your will is complete, legal, and ready with the help of our network of attorneys as well as being able to have your attorney look over other documents, help you with consumer finance issues, settle disputes, and much more! Take a look at the list of services available to our individuals and families legal plan subscribers at this link.

Summer is a great time to cross items off your "to-do" list, and, while making out your will might seem like more of a chore than a fun summer activity, creating your will doesn't have to be complicated, difficult, or expensive, and, no matter where you are in your estate planning, there are things you can do right now to save you time and money, and to spare legal hassles for your loved ones in the future.

Organize your thoughts and create a draft of your wishes

It isn't just wealthy, elderly persons with mansions who need a will; age and income are irrelevant when it comes to who needs to have a will. Your will doesn't need to be a lengthy, intimidating legal document. If you own assets or have children, a will is one of the most important documents you need to have. Make a list of your assets - such as bank accounts, houses, vehicles, even pets - and to whom you'd like them to go. Start thinking about trustworthy individuals you can appoint to important roles in your will. Thinking about financial and health care powers of attorney and to whom you would want to make those decisions on your behalf is a good idea at this phase, too.

Have Contingency Plans

As you select important roles for loved ones carrying out your final wishes - such executor of your will, who has your power of attorney, who will have custody of your children, if you have any - think about second and third options in the event that something happens to your first choices down the road. These aren't fun things to think about, but taking care of them now will make a stressful situation less complicated in the future.

When you become a subscriber to our legal subscription plans, drafting your will is easy, and you know that it will be enforceable in your state of residence, as you will get to work with attorneys who know how estate law is applied in your state. Since laws governing wills, estates, and probate vary from state to state, it is invaluable to have a legal professional in your corner when drafting your will.

From our app, sign in and click "Start Will." Fill out the short questionnaire and an attorney in your area will get in touch to go over your answers. From there, your attorney will prepare your will for your review in as little as five business days. You will have the opportunity to make changes and finalize the document. Once filed, keep your copy in a safe, secure, accessible place. Your will also comes with a Living Will (also known as a healthcare directive) and Financial Directive (durable power of attorney) to put your mind at ease.

As your life changes, you may need to update your will, such as if you have children, get married, get divorced, buy a house, and more. Continuing to stay on as a legal plan subscriber gives you access to update your will whenever you need to at no additional charge. Learn more about our estate planning services here or you can sign up today!

Have An Attorney Draft Your Will At No Cost

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The overwhelming and complicated nature of wills is why a majority of Americans don't have a will, among the most important legal documents in the average American's lifetime. In fact, most Americans fail to make out a will before passing away.

Making a will can seem like a daunting task, but passing away without a will leaves you and your family without any control of where assets go or who will care for your children, leaving those decisions solely up to the court system.

The good news is, our individuals and families legal subscription plan comes complete with estate planning at no additional charge. That's right: sign up for an individuals & families legal subscription plan and you will be able to have your will created by experienced estate planning attorneys at no additional cost to you.

Having an attorney walk you through creating your will and other estate planning will help make sure that your will is complete, accurate, enforceable, and legal in your state. Your attorney will be able to help you make decisions you know need to be made and probably help you address issues you hadn't thought of yet.

Some issues to consider while drafting your will with your attorney:

Who will receive your assets? Your house, money, cars, and other belongings?

Who will be the Executor or Representative for your will?

This person will need to know where your estate documents - including your will - are located in the event of your passing, and will make sure that your wishes are carried out, so this needs to be someone you trust.

If you have minor children, who will be the appointed guardian?

Without a will, the courts of your state will decide who will be the guardian of your minor children, so this is definitely one of the most important aspects of your will. Your will needs to be as specific as possible when it comes to scenarios that can happen over time, such as, what happens if your chosen guardians get divorced, pass away, move to another state, etc?

Make sure that the names of anyone in your will and their relationships to you are spelled out in your will. Be specific with names: instead of saying "my wife" or "my husband," use their full legal names and double check the spelling.

Finally, making sure that your will is enforceable means that it must meet the legal requirements for a will in your state. Each state has its own laws that govern the requirements that wills must meet. Knowing what those requirements are and how to meet them is much easier with the help of an experienced estate planning attorney.

As a member of our legal subscription plans, starting your will is easy.

From the app, tap the "Start Will or Other Document" tile and fill out the short questionnaire about your marital status, your assets, and final wishes. When you are finished, tap "Submit to Provider" and the answers will be sent to your provider attorney to start drafting your will. Your attorney will call you and review your answers and ask any additional questions to complete your will. Within two weeks, you will receive your finished will. From there, make sure to follow your attorney's instructions to have your will properly executed. And, if you ever have further questions or need assistance, your attorney is only a phone call away.

Don't wait until it's too late to have these important documents finalized. Sign up today to get your free will drafted by experienced lawyers! With our legal subscription plan, you will be able to have a lawyer assist you with your estate planning or any other personal legal matter for just one low, monthly fee.