Trust Masters
                    The Estate Planning Co
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BENEFITS OF A LIVING TRUST    

 

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Retainer Agreement

 l.  My/Our estate planning documents are being prepared at my direction and pursuant to my instructions.  All services provided are subject to the terms and conditions of this Agreement, which I have executed.  This authorization and disclosure serves as my/our request for estate planning services and Document Preparation Authorization.  This Agreement is subject to the Definitions and General Provisions attached hereto and made a part hereof. 

2.  Scope and Duties:  I/We hereby retain Trust Masters to provide access to attorneys and other services in connection with the preparation of Estate Planning documents.  Suitability of any documents prepared shall be based on information provided and consultation with a licensed Provider Attorney. 

3.  An Independent Trust Masters Attorney will provide phone consultation with me/us to review estate planning options, which are appropriate for me/us and the advantages and disadvantages of each option.  I/we authorize the Provider Attorney to prepare legal documents necessary to implement our estate plan.  I/we understand that if the Provider Attorney cannot recommend a suitable estate planning strategy for me/us that all fees paid in connection with said estate plan will be refunded in full. 

4.  Disclosure and Use of Client's Personal and Financial Information:  Trust Masters and its independent Provider Attorneys recognize the importance of privacy and will not disclose any of the Client's personal or financial information to any person other than Trust Masters's employees, affiliates, and Provider Attorneys without the Client's prior written consent.  The use and disclosure of such information is further subject to Section 5 of the Definitions and General Provisions attached hereto.

5.  Trust Masters contracts with Independent Representatives (IR's) who distribute educational material regarding estate planning.  IR’s are not licensed attorneys and do not engage in the practice of law.  IR's generally provide educational material that is generally available, may assist with the completion of questionnaires and the gathering of deeds, tax bills, family and financial information necessary for the proper completion of a member's overall estate plan and may provide notary services.  Trust Masters may compensate IR's for distributing educational material, including, but not limited to, brochures and for providing delivery and Notary services in connection with estate plans prepared by Provider Attorneys.

6.  In connection with delivery and Notary services, I/we understand that my/our document delivery will be done by an IR who is an independent licensed Notary Public, and who may also be independently licensed in insurance and/or securities.  By signing this Agreement, I/we are aware that the IR may use the Client's personal or financial information to make recommendations that in his or her opinion are in my/our best financial interest, and who may present investment/insurance products to me/us for my/our consideration.  I/we understand that I/we have the right to withhold such authorization or decline any such recommendation.  In such case, said Independent Representative would be unable to use or disclose any information obtained to any other person or entity.  It is further understood that neither Trust Masters nor any of its independent Provider Attorneys are a party to ANY insurance or financial product offerings by IR=s.  In addition, neither Trust Masters nor any of its independent Provider Attorneys are in the business of providing financial or retirement planning advice and do not offer related investment or insurance products.

7.  I/We have been informed and understand that a Revocable Living Trust will not alter or reduce my/our personal income tax nor provide insulation from creditors.

8.  Client(s) agrees to provide Trust Masters, its Provider Attorneys and IR's with any information necessary for the proper completion of the estate pan and holds Trust Masters, its Provider Attorneys and IR's harmless from any damages or losses that may result from the Client's failure to accurately or completely provide such information.

9.  Trust Masters, its Provider Attorneys and IR's will provide general assistance with explaining and completing funding forms for purposes of transferring assets into Client=s Living Trust (if so established), however, Client understands that it is Client=s responsibility to transfer assets into his or her living trust and hereby holds Trust Masters, its Provider Attorneys and IR=s free and harmless from any damages or losses relating to the Client=s failure to properly fund his or her trust.

Documents and Services Provided with Revocable Living Trust

INCLUDED:

Revocable Living Trust Preparation

Pour-Over Will(s)

Memorandum/Certification of Trust

General Durable Power of Attorney – Asset Management

Power of Attorney for Health Care (Advanced Health Care Directive)

Living Will-Directive to Physician

Schedule A - Listing of Assets

Statement of Wishes

Funding Letters/Directives to Banks, etc.

Guidelines to Successor Trustees/Final Instructions

Reasonable ongoing phone consultation regarding documents prepared for member without additional fee.

ADDITIONAL FEE:

County Assessor Supplemental Transfer Forms – Additional Fee

Lost Doc Service, additional fee

Separate Property Agreements add $25.00

Business Assignments, Additional Fee

Complete Notary Service, Additional Fee

Preparation and filing of Real Estate Transfer Documents at additional cost (see above).  EXCEPTION:  Hawaii & Timeshare Deeds are quoted separately (Call for Pricing)

DEFINITIONS AND GENERAL PROVISIONS

Attachment to Estate Planning Services Authorization Disclosure and Receipt

 

1.  Definitions.  For purposes of this Agreement, the following terms shall have the following meanings:

 

(a) Affiliate means any person or entity (including, without limitation, IR's) with whom Trust Masters has contracted to provide educational, promotional or other services on behalf of Trust Masters in connection with this Agreement or with respect to the delivery of services to a Client required under this Agreement.

 

(b)  Agreement: means this Estate Planning Services Authorization Disclosure and Receipt, and any written amendments thereto executed by the parties hereto.

 

(c)  Trust Masters means American Trust Corporation, a Nevada corporation, and its successors and assigns.

 

(d)  ATR means independent representatives retained by Trust Masters to distribute educational material to the public.

 

(e)  Client means the natural person or persons executing this Agreement.

 

(f) Agreement means this Agreement and Receipt executed by the Client and Trust Masters, after being fully informed and advised of their options by a Provider Attorney.

 

(g) Provider Attorney means the attorney or law firm designated by Trust Masters from time to time and to whom Clients are referred for consultation and/or the preparation of estate planning information and/or documentation, pursuant to this Agreement.

 

2.  General Provisions

 

(a)  Nonwaiver.  Failure on the part of either party to complain of any action or non-action, breach or default on the part of the other party, no matter how long the same may continue, shall never be deemed to be a waiver of any rights or remedies hereunder, at law or in equity, and a waiver at any time of any provision hereof shall not be construed as a waiver at any subsequent time of the same or any other provision.

 

(b)  Notices.  Any notices to be given hereunder by either party to the other shall be deemed received upon actual receipt if delivered personally in writing or three (3) business days after deposit in the United States mail, registered or certified, postage prepaid with return receipt requested, addressed to the party at the address specified on the first page of the Membership Agreement.  The parties may change their addressed by written notice in accordance with this paragraph.

 

(c)  Entire Agreement.  This Agreement and all exhibits hereto constitute the entire agreement between the parties pertaining to the subject matter hereof and fully supersede any and all prior agreements between the parties hereto respecting the subject matter hereof.  In addition, no amendment or modifications to this Agreement shall be valid unless set forth in writing and signed by each of the parties hereto.

 

(d)  Severability.  Any provisions of this Agreement that may be prohibited by law or otherwise held invalid shall be ineffective only to the extent of such prohibition or invalidity and shall not invalidate or otherwise render ineffective the remaining provisions of this Agreement.

 

(e)  Headings.  The headings of the articles, sections, and paragraphs herein are inserted for convenience of reference only and are not intended to be a part of or to affect the meaning or interpretation of this Agreement.

 

3.  Provider Attorneys= Professional Judgment.  It is within the sole discretion of the independent Provider Attorney to determine the legal advice, consultation and services to render to Client, and whether claims or defenses pertaining to any matter under this Agreement presents a frivolous or otherwise unmeritorious claim or defense including decisions to appeal any judgment or decision, and the Provider Attorneys reserve the right to make independent professional judgments regarding same.  Trust Masters is not licensed to practice law and will in no way influence or attempt to affect the rendering of professional services of any Provider Attorney.

 

4.  Waiver.  Client hereby waives, releases and discharges Trust Masters and its agents, employees, officers, directors, shareholders, successors and assigns from any and all claims, demands, causes of action, losses, liabilities, costs and expenses (including, without limitation, attorney's fees) in connection with, arising out of, or related to the performance of services by Provider Attorneys or IR's in connection with this Agreement.

 

5.  Privacy Policy.  Trust Masters respects each Client's right to personal privacy, especially in connection with the delivery to Trust Masters of personal information that may be used by Provider Attorneys or Affiliates in connection with a Client's legal matters.  In this regard, Trust Masters collects non-public personal information about you from information you have provided on this Agreement, and information that you may provide to our Affiliates or Provider Attorneys in connection with a specific legal matter.  Be advised that Trust Masters does not share or disclose a Client's information to any third parties, other than Provider Attorneys who must have such information to perform professional services on behalf of the Client and Affiliates with which the Client has given Trust Masters permission to share such information.  Trust Masters never shares information with third party marketers unless the Client expressly authorizes Trust Masters to do so.  When Trust Masters does share information with Provider Attorneys or Affiliates, it is limited to the information necessary for the particular circumstance, and only under strict controls to prevent misuse.  Trust Masters restricts access to the information it obtains about Client to only those employees and service providers who need to know that information to provide the Client with the services requested.

  

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