CONFIDENTIAL ATTORNEY-CLIENT COMMUNICATION
[Client_________]
[Address_________]

Re: Estate Plan

Dear Mr. and Mrs. _________:

Enclosed are drafts of the following documents per my meeting with you on [Date_________]:

Mr. _________:

1. _________ TRUST with Schedules A and B
2. Last Will and Testament
3. Certificate of Trust Provisions
4. Transfer of Tangible Personal Property to Trust
5. General Durable Power of Attorney
6. Living Will
7. Designation of Health Care Surrogate
8. Declaration of Preneed Guardian
9. Declaration of Preneed Guardian for Minor
10. Asset Transfer List
11. Account Transfer Letter
12. Securities Transfer Letter

    Mrs. _________:

     

13. _________ TRUST with Schedules A and B
14. Last Will and Testament
15. Certificate of Trust Provisions
16. Transfer of Tangible Personal Property to Trust
17. General Durable Power of Attorney
18. Living Will
19. Designation of Health Care Surrogate
20. Declaration of Preneed Guardian
21. Declaration of Preneed Guardian for Minor
22. Asset Transfer List
23. Account Transfer Letter
24. Securities Transfer Letter

    Both:

     

25. Tenancy by the Entirety Agreement

 

Please read these drafts carefully and call me when you are ready to discuss or sign them in my office. Please consider the following:

1. Joint Representation. I am representing both of you in preparing the above documents. If a controversy ever develops between the two of you concerning these documents, I would not be able to represent either of you in that controversy.

    

2. No Other Children. The documents were drafted with the understanding that only your children _________ and _________ are to be beneficiaries because you do not plan to have any more children naturally or by adoption.

    

3. Florida Residency. The enclosed documents are specifically for Florida residents. If you ever move out of Florida, I advise that you see a lawyer in that state and make new wills and related documents because all fifty states' laws differ. For example, Vermont and Louisiana require more than two witnesses for a will to be valid, so the enclosed wills might not be valid if you reside in Vermont or Louisiana at the time of your death.

    

4. No Unified Credit Trusts. You could take advantage of the unified credit for estate and gift taxes in a number of ways. This credit allows passing $_________ (increasing to $1,000,000 by 2006) in assets by each of you without estate or gift taxes. However, at the present time, you have decided not to create any trusts that would take advantage of the unified credit.

    

5. Tenancy by the Entirety. You plan to hold some of your assets in your joint names as tenants by the entirety. Florida recognizes this for both real property and personal property, but it is important that you designate this on your title documents as follows:

   _________ AND _________, HUSBAND AND WIFE, AS TENANTS BY THE ENTIRETY

    

6. Car Titles and Insurance. I advised that each of your cars be owned only by the principal driver. Florida's dangerous instrumentality doctrine holds all owners liable along with the driver. I also advised that you carry an umbrella liability insurance policy with coverage limit of One Million Dollars or more. You should also carry uninsured motorist coverage in this amount (it would pay you if you were injured by an uninsured motorist). All of these ideas are intended to reduce the possibility of your losing your estate through unexpected claims.

    

7. FDIC Limits. We discussed the importance of your continuing not to place more than $100,000 in any bank since you should not count on the FDIC protecting more than this amount no matter how the accounts are titled.

    

8. Prior Wills. When you come in to sign the final documents, please bring in your prior wills so that they can be torn up AFTER the new ones are signed.

    

9. Scope of Representation. The scope of my representation does not include advice or services regarding the following: accounting, tax, financial, business, management, and related non-legal matters and advice (I advise that you engage a CPA, tax attorney or business consultant to advise you regarding these matters); title searches, surveys, inspections and other non-legal work relating to real estate (I advise that you engage a title insurance company, abstractor, surveyor or other licensed professional to provide you these services); securities, labor and other legal matters not handled by this firm (I advise that you engage a lawyer who specializes in these matters if you need such advice). I would be happy to refer you to others who may provide you these services.

    

10. Legal Fees. Fees for estate planning are based on the amount of time spent, the complexity and skill required, and similar factors, at hourly rates of $_________ for myself and $_________ for my paralegal. You will also pay for such costs as copies, postage, long distance, fax, recording, FedEx, courier, etc. I gave you my Resume at the initial conference, and it explains how I bill for services. If you have any questions, please do not hesitate to call.

     

11. Florida Wills, Trusts & Probate Questions and Answers. I gave you a copy of this article before the initial conference. If you have any questions about these concepts, please ask them now.

 

I appreciate your trust and confidence in asking me to assist you. I will endeavor to do my best for you at all times. Please call me after you review the enclosed documents. Thank you.

Very truly yours, [Lawyer _________]

Enclosures