We accept coverage for certain services through MetLife Legal Plans. Coverage alone does not guarantee representation. You must complete our onboarding process, pass a conflict check, and agree to our engagement terms.
Covered services for estate planning matters generally include the initial review, drafting of basic documents such as wills, revocable living trusts, durable powers of attorney, and advance directives for health care, one round of minor edits, and the execution. A basic plan provides for only limited contingencies and is not appropriate for every client. We recommend updating a basic plan every 2-3 years or sooner if circumstances warrant.
Not all services we provide are covered, and we will only perform services included in your plan unless you direct otherwise. If you so direct, for services that are not included, such as addressing issues of taxation and non-probate assets (e.g. IRAs, 401(k)s, life insurance, etc.), reviewing financial information and asset holdings, updating beneficiary designations, re-titling assets, trust administration and funding, advanced planning, Medicaid planning, coordinating foreign assets, immigration issues, asset protection planning, etc. we will bill at our hourly rates or at an agreed upon flat fee. Before we begin any work not covered by MetLife Legal Plans, we will provide you with a separate written fee agreement or scope-of-work proposal that identifies what your plan covers, what it does not cover, and the fees you will be responsible for. We will not perform any non-covered work or collect any additional fees until you sign that separate agreement.
If you want only the services covered by MetLife Legal Plans and we have not identified any issues that would prevent us from staying within your coverage level, then no payment is required. We will only charge additional fees with your written approval.
However, if we believe additional services are necessary to properly represent you, and if you decline these services, we may not be able to assist you further. The Law Office of Robert Aufseeser is a tax practice, and much of the planning we do has a tax planning component that falls outside most coverage levels.
For example, the use and integration of irrevocable and special needs trusts, lifetime trusts for children, and certain age-distribution trusts will incur additional fees. In addition, planning for non-probate assets such as 401(k)s, individual retirement accounts (IRAs), and life insurance would incur additional fees.
All clients must agree to firm policies, regardless of service level. The firm will prepare and send a formal engagement letter electronically in most cases.
New clients receive a fixed set of basic plan options with limited customization. Any deviation from those options requires additional planning outside the covered scope and a separate written fee agreement. The following descriptions are examples of straightforward estate-planning structures generally covered by MetLife Legal Plans. They are not appropriate for every client.
A basic plan for an unmarried person without children includes a simple Will, an individual Revocable Living Trust, a Durable Power of Attorney, and an Advance Medical Directive. You may name a primary fiduciary (such as an executor and trustee) and one alternate. The plan uses straightforward beneficiary provisions in naming a primary beneficiary and one contingent beneficiary. More complex distribution terms, continuing trusts, tax planning, or asset-protection provisions may require additional planning outside the covered scope.
A basic plan for an unmarried person with children includes a simple Will, an individual Revocable Living Trust, a Durable Power of Attorney, and an Advance Medical Directive. The plan divides assets among children in equal shares and may hold a minor child’s share in a basic support trust for health, education, and support until the child turns 21. Different distribution ages, unequal shares, lifetime or special-needs trusts, tax planning, or other customized provisions may require additional planning outside the covered scope.
A basic plan for a married couple without children includes reciprocal simple Wills, a Joint Revocable Living Trust, Durable Powers of Attorney, and Advance Medical Directives. The plan designates the spouses as primary fiduciaries for one another, provides for the surviving spouse, and names one or more contingent beneficiaries for the remaining assets after both spouses have died. Any remaining assets will pass 50/50 as if each spouse died unmarried and intestate. The surviving spouse can change the plan after the first spouse’s death. Different ownership arrangements, tax planning, asset-protection provisions, or more complex distribution terms may require additional planning outside the covered scope.
A basic plan for a married couple with minor children includes reciprocal simple Wills, a Joint Revocable Living Trust, Durable Powers of Attorney, and Advance Medical Directives. The plan provides for the surviving spouse and, after both spouses have died, divides remaining assets among the children in equal shares, with a minor child’s share held in a basic support trust for health, education, and support until age 21. In the event of a common disaster, the remaining assets will pass 50/50 as if each spouse died unmarried and intestate. The surviving spouse can change the plan after the first spouse’s death. Different distribution ages, continuing trusts, tax planning, special-needs planning, or other customized provisions may require additional planning outside the covered scope.
A basic plan for a married couple with adult children includes reciprocal simple Wills, a Joint Revocable Living Trust, Durable Powers of Attorney, and Advance Medical Directives. The plan provides for the surviving spouse and, after both spouses have died, divides remaining assets among adult children in equal shares outright. In the event of a common disaster, the remaining assets will pass 50/50 as if each spouse died unmarried and intestate. The surviving spouse can change the plan after the first spouse’s death. Continuing trusts, unequal shares, tax planning, asset-protection provisions, or other customized distributions may require additional planning outside the covered scope.
When we jointly represent spouses or partners, each person is a client of the firm. Joint representation is subject to conflict review and requires informed written consent. Joint clients should expect that information material to the joint representation will be shared between them as provided in the engagement terms. If an actual conflict develops or continued joint representation becomes inappropriate, we may be required to withdraw from representing one or both clients.
All basic plans cover only probate assets. A “probate asset” is any asset or interest in your own name (i.e., non-joint) whose distribution terms are not governed by a separate contract or agreement. For example, life insurance is a non-probate asset because the separate beneficiary designation on file with the insurance company controls to whom the benefit is paid. As such, life insurance proceeds are not governed under the terms of your will and revocable living trust without additional planning. Similarly, IRAs, 401(k) plans, accounts containing a transfer-on-death (TOD) designation, and many annuities are also non-probate assets. Also, any asset owned jointly with rights of survivorship will be treated as a non-probate asset. Upon the death of either joint owner, the survivor automatically assumes full ownership. Tax issues also come into play when planning for non-probate assets. Planning for non-probate assets with MetLife Legal Plans would incur additional fees.
These plans are completely revocable and amendable, provided you retain the legal capacity to do so. These plans become irrevocable upon death and incapacity.
Once we agree on the scope of work, you will receive draft documents for review electronically in about 4–6 weeks. However, longer wait times are possible.
If your needs are time-sensitive, we may not be able to assist you. We do not handle time-sensitive matters through MetLife Legal Plans. We perform work under the plan at times that fit into our workflow. If your matter is time-sensitive, you should contact MetLife Legal Plans to request a referral to another panel attorney who can meet your timing.
Email is our preferred method of communication. You must have a working email address and agree to our Email Policy. Our Email Policy and engagement terms govern the use of electronic communications, including any related expectations regarding confidentiality, security, and response time.
Once you confirm that the drafts of your estate planning documents are acceptable, the next step is to properly execute those documents. Only properly executed estate planning documents are valid. You must sign these documents by hand (not electronically) before a notary and two adult witnesses who are not named as beneficiaries in your documents.
The best approach is to schedule a signing at our office and to have the documents executed under our supervision. There is no additional fee for this service if scheduled promptly. However, you will need to arrange for two adult witnesses who are not named as beneficiaries in your documents to be present at the signing. We will provide the notary. At the signing, we will review the documents with you and discuss next steps. Note that you cannot make changes at the time of signing. You must notify us at least 2 days in advance if a change is necessary.
Signings take about an hour and generally take place during normal business hours on Mondays, Tuesdays, and Thursdays between 10 am and 2 pm. However, other times might be available as well. Sometimes we can book multiple signings at the same time, so both parties can act as witnesses for each other. It is your responsibility to schedule a signing within 2 weeks of the date on which the documents are first provided to you. We will send the documents electronically. Should you need additional time within those 2 weeks, please let us know. If we do not hear from you, we will assume you have chosen not to have our office assist with the signing, and we may close your file.
If you would like our office to keep a PDF copy of your executed documents after signing, we offer this as an optional post-engagement records retention service, separate from your MetLife Legal Plan representation, for a one-time fee of $150, payable at signing. You will receive your original executed documents at the conclusion of the signing. Our office does not retain original wills or original estate planning documents unless expressly agreed in writing.
For cases of joint representation, both parties must be available to sign at the same time. We will charge extra fees if you need to schedule multiple signings.
We are not responsible for documents executed outside our supervision.
Over the years, we have seen many wills, trusts, powers of attorney, and other documents fail to be signed properly or go unsigned. This failure created costly and emotionally draining problems for the family. In most cases, following proper steps would have prevented these problems and the associated costs.
MetLife Legal Plans offers a wonderful resource to protect your family. In many cases, we can complete the requested services using the provided coverage. If you ask us to perform a service outside the scope of your coverage, we will let you know and inform you of the associated fees.