Updated November 9, 2025
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 a basic will, revocable living trust, medical directive, and durable power of attorney, one round of minor edits, and the execution. With a basic plan, limited contingencies are planned for. We recommend updating a basic plan every 2-3 years or sooner if circumstances warrant.
In our discretion, 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, life insurance, etc.), immigration issues, Medicaid issues, retitling assets, planning to avoid probate, foreign assets, asset protection planning, advanced trust planning, etc. we will bill at our hourly rates or at an agreed upon flat fee.
Additional fees will only be charged in consultation with you, and with your written approval.
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 trusts and special needs trusts will incur added fees for tax planning. Lifetime trusts for children and certain age distribution trusts will also incur added fees.
In addition, planning for non-probate assets such as 401ks, IRAs, Life Insurance, etc. would also incur added fees.
When planning for minor children, a basic trust for a child under the age of 21 is COVERED by most plans. However, extending its duration or customizing its terms would result in added fees. Similarly, another common plan when considering the needs of minor children would be to create a family trust (aka a “pot” trust) for their mutual benefit until the youngest reaches 23 years of age, after which the family trust would end and individual shares would be paid to each child, either outright or in further trust for a term that might last their entire lifetime. This type of planning would incur added fees.
All clients, regardless of the level of service provided, are required to agree to firm policies. In most cases, a formal engagement letter will be prepared and sent electronically.
This plan includes a Will, Living Revocable Trust, Durable Power of Attorney, and Advance Medical Directive. A primary fiduciary may be named along with one alternate. A primary beneficiary may be named along with a single contingent beneficiary.
This plan includes a Will, Living Revocable Trust, Durable Power of Attorney, and Advance Medical Directive. A primary fiduciary may be named along with one alternate. Generally, your primary fiduciary will be a child. Your beneficiaries will be your child or children, in equal shares.
This plan includes a pair of Wills, a single Joint Living Revocable Trust, Durable Powers of Attorney, and Advance Medical Directives. Each spouse will be named as primary fiduciary for the other. An alternate fiduciary may also be named. At the death of the first spouse, the surviving spouse will inherit outright. A contingent beneficiary should also be named to inherit at the death of the second spouse. In the event a contingent beneficiary is not named, the remaining assets will pass 50/50 as though each spouse died unmarried and intestate.
This plan includes a pair of Wills, a single Joint Living Revocable Trust, Durable Powers of Attorney, and Advance Medical Directives. Each spouse will be named as primary fiduciary for the other. An alternate fiduciary may also be named. A legal guardian for any minor child must also be named. At the death of the first spouse, the surviving spouse will inherit outright. At the death of the second spouse, your assets will be divided among your children in equal shares with any child under the age of 21 receiving his or her share in a basic support trust designed primarily for the child’s health, education, and support. In the event of a common disaster, the remaining assets will pass 50/50 as though each spouse died unmarried and intestate.
This plan includes a pair of Wills, a single Joint Living Revocable Trust, Durable Powers of Attorney, and Advance Medical Directives. Each spouse will be named as primary fiduciary for the other. An alternate fiduciary such as a child may also be named. At the death of the first spouse, the surviving spouse will inherit outright. At the death of the second spouse, your assets will be divided among your children in equal shares with each share being paid to a child outright. In the event of a common disaster, the remaining assets will pass 50/50 as though each spouse died unmarried and intestate.
All basic plans cover probate assets only. It is easiest to think of a “probate asset” as being 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 will not be governed under the terms of your wills 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 also be treated as a non-probate asset. Upon the death of either joint owner, the survivor will automatically assume full ownership.
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 a scope of work is agreed upon, you can anticipate receiving draft documents for your review via electronic delivery 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. Work performed under the plan is done at a time that fits into our workflow.
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. These documents must be signed by hand (not electronically) before a notary and 2 disinterested witnesses. Generally, a disinterested witness is someone not named in the 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 2 disinterested witnesses to be present at signing. We will provide the notary. At the signing we will review the documents with you and discuss next steps. Please note that changes cannot be made 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 10am and 2pm. However, other times might be available as well. Sometimes we try to book multiple signings at the same time so both parties can act as witnesses for each other.
If you would like our office to maintain PDFs of your executed documents, a one-time fee of $150 will be charged.
For cases of joint representation, both parties must be available to sign at the same time. Additional fees will be charged if more than one signing session is scheduled.
We are not responsible for documents executed outside our supervision.
Over the years, we have encountered numerous situations where wills, trusts, powers of attorney, and other documents were not properly signed or signed at all. This failure created costly and emotionally draining problems for the family. In most cases, these problems (and the associated costs) could have been avoided entirely had proper steps been followed.
MetLife Legal Plans is a wonderful resource that can be used to protect your family. In many cases, we can complete the requested services utilizing the coverage provided. If you ask us to perform a service outside the scope of your coverage, we will let you know and inform you of the fees associated with that service.
