Tag: estate planning documents

  • “In the Meantime…” — Temporary Operation of a Virtual Law Office

    Over the past year I’ve spoken with attorneys who have been laid off from Biglaw firms and are seeking new positions or attorneys who have just passed the bar and are having trouble finding a position to launch their legal careers.  Both groups of individuals are working hard to establish or reinvent themselves within the legal profession and are seeking my advice about using a virtual law practice as a way to do this. They want to operate a solo virtual law practice “in the meantime.”

    Solo virtual law practice is not for everyone, and while I love the independence that it provides me, I recognize that other attorneys have different goals for their legal careers. Therefore, I try to give useful advice that would apply to the attorney’s individual goals and circumstances.

    Can a virtual law practice be used effectively in between phases in an attorney’s career — from firm to firm?  Will the attorney be able to take the virtual law practice with him or her when that dream legal job comes along?  Will it pay the bills if the attorney is only going to be delivering legal services online on a temporary basis?  If the attorney is a newly graduated attorney can he or she work online and learn an entirely new practice area of law without having worked in an actual law office? 

    These are difficult, but critical questions for attorneys in such situations to ask before embarking on a virtual law practice. I’ve combined some of my responses to these questions below. (more…)

  • LexisNexis® Estate Practice & Elder Law Center Podcast

    This past month I gave a podcast interview for the LexisNexis® Estate Practice & Elder Law Center about my virtual law office. The session discusses how I provide estate planning services to my clients online as well as how other attorneys are using the web-based technology to deliver legal services in other states. Here is the link to the podcast.

  • Online Helicopter Parents Hit My Virtual Law Office

    Over the past couple months I’ve noticed an increase in the number of parents who are registering as clients on my VLO and requesting legal services on behalf of their adult children.  A fellow attorney on Twitter commented that this must be the newest form of helicopter parenting.

    Most of these concerned parents are requesting that I create estate planning documents on their behalf.  A few of these online requests are for domestic law matters, such as helping their children with child support and custody issues related to their grandchildren.

    Of course, I immediately tell them that I would be happy to work with their children, but cannot provide them with these services directly in place of their children. Or in the case of domestic legal matters which I personally do not handle as an attorney, I refer them to another attorney who can assist them.  Fortunately we now have two other family law VLOs in NC so I have other virtual law practices to refer online clients to for those issues.

    It is surprising to see how some parents try to micromanage their children even into adulthood and even so far as to want to pay for them to have Wills and advance directives drafted.  The parents cannot execute them on behalf of their children so even if they decide to go from my VLO to purchase the $60 DIY kits from OfficeDepot or something from LegalZoom, they still will not be able to make the documents enforceable for their children.

    An attorney on Twitter this past holiday season had mentioned selling estate planning gift certificates as a marketing technique for his law practice.  Now I’m wondering if that wasn’t such a bad idea for my VLO.  If online helicopter parenting is going to extend to my VLO, then maybe I should offer that as an option instead of turning all of them away.  What do you think?

  • Virtual Law Office Voted Family Favorite

    I need to brag for a minute. I am proud to announce that for the second year in a row my virtual law practice was voted the Family Favorite by the readers of the Wilmington Parent Magazine. The publication is a local parenting magazine that covers several major counties across the southeastern coast of North Carolina.

    Most of my estate planning clients have young families and many of my small business clients are parents, including a number of work-at-home mothers. Of any career-related accolades, this one makes me the proudest because it means that my clients think enough of my legal services to take the time to vote for me and send in the survey to the publication — without my asking, I might add. The fixed fees and the convenience of working with an attorney online are the biggest selling points for my virtual practice based on client feedback. Here’s looking forward to another strong year with my virtual practice!

  • Ethics Question for the Virtual Attorney

    Practicing online I often receive this question as an ethics challenge to my virtual practice:

    How can you be sure that the person you are communicating with online is really person you are drafting the documents for?

    Because I handle estate planning, attorneys who operate more traditional practices express specific concern about the power of attorney and the broad authority that it provides to the attorney-in-fact. What if the person I am drafting the document for is really someone else who plans to use the power of attorney for nefarious purposes?

    While I will conceed that the Internet facilitates the potential for individuals to commit fraud regarding their true identities, I do not believe it is my responsibility as an attorney to ensure that the final use of the legal documents I have created never fall into the wrong hands. Superwoman, I am not. I can draft legal documents to the best of my abilities with the information the client provides to me, and after that, I cannot control my client’s actions or the actions of their families in enforcing or following through with the dictates of these documents. To claim that I could control this or should be reponsible for a client’s conduct would be ridiculous.

    I provide my clients with fixed fees through my VLO and the majority of my business comes from packages containing several different estate planning documents. My clients are required to accept two clickwrap agreements and a price quote for services which tells them upfront both the nature of unbundled online legal services and the exact legal fees which they will owe me for my services.

    Once I complete the documents, it is my client’s reponsibility to take them to a notary public in North Carolina to have them properly executed. I provide my clients with detailed instructions to provide the notary public and they know that they may contact me if they run into any questions during this process. It is the notary public’s responsibility to check the driver’s license of the individuals signing these documents to ensure that they are who they say they are. Additionally, most of the estate planning documents require two witnesses to also be present for the execution.

    How do I know my online clients are who they say they are if I never meet them face to face?

    Do most attorneys (or their paralegals) in a brick and mortar law office check the driver’s license and photo id of every client for whom they provide legal services? Nope. In fact, I recall hearing of a case at one of the firms I worked for before going solo where an attorney had filed an lawsuit on behalf of the client only to find out during discovery that the client had multiple identities in several states and was not who he claimed to be. Had that attorney met with the false client face to face in the brick & mortar law office? Yes, several times. Did that prevent the client from pulling the wool over the eyes of the law firm he retained? Nope.

    Professional standards of conduct require that I communicate with reasonable diligence and promptness when dealing with clients. Operating a virtual law practice does not mean that I mass generate legal forms in an impersonal manner. I communicate individually with each of my clients. I ask the questions that I need to know to handle their legal matters. Sometimes they upload documents for me to review and we often work on mulitple drafts. Rarely do I need to call a client on the phone discuss something in person, but if it’s necessary to provide the best legal services for them, then I do it.

    Many of us reconnect online with family and friends through Twitter, Facebook and other social networking sites. We create strong online business connections through networking websites, such as LinkedIn. Likewise, the virtual law practitioner uses the web-based technology to build personal and ongoing professional relationships with clients.

  • Client Building for the VLO

    Building a client base for a vlo requires out of the box thinking. I’ve found that networking works best when I use other popular online networking mediums that are frequented by the online public, my potential clients.

    The no-brainer is advertising my vlo on free lawyer referral websites or in free classified ad sections like craigslist. These methods do not necessary result in a large number of new clients, but it drives people to the vlo and builds name recognition for the practice and the vlo concept in general. It’s on my weekly to-do list.

    The most enjoyable method of networking for clients for me is offering free online educational posts in online forums. Right now, I only have the time to be an active member of one forum, but it would be good if I could add a new one every six months and keep an active presence in each. Forum posting allows you to advertise your business by posting your name, your profession, your vlo and website link to your vlo. Viewed by several hundred forum members a week, this is a great way to build a reputation for the vlo and its services.

    The key to posting in forums that are made up of lay people is to write your message in non-lawyer terms and make it understandable from their perspective. Of course, it should go without saying that the other thing to remember is the bar’s advertising rules and make sure that anything I write stays in compliance with those. I keep it general enough to not be providing specific legal advice to any one person and explain that everyone has different circumstances. Most of the readers will PM me with specific legal questions if they want to ask a question related to their families.

    For starters, I am a member of WilmingtonMommies!, a local branch of a nationwide conglomerate of forums created by mothers for mothers. I asked the permission of the forum managers first and explained that I intended this to be educational, not an advertisment for my services. The posts generated some good dialogue about Estate Planning among the mothers in the forum, of which there are close to 500 members all of whom seem to be very active. (As a mother myself, I also post comments and start threads on the forum that are unrelated to the law.) I also offered the members of the forum a small discount on my services should any of them decide to retain me to handle their estate planning services. Even if I never received a client from the educational thread, I’ve provided useful information to the group and have added some goodwill to my vlo’s name that could pay off in the future.

    I will post the first part of the educational estate planning thread below for reference. I intend to write more of these for the forum on other topics related to estate planning law in N.C.

    New Year’s resolutions often include organizing important family business. So, with the kind permission of the WM managers, I am posting this educational thread about estate planning, starting with Wills. I want to start a dialogue that you all can continue at home with your families. I will also post a helpful checklist for everyone. If anyone wants to ask general questions, feel free. Knowledge = power and I want all us mommies empowered!

    This is just educational, general legal advice so if you want to have documents written for your family, I would strongly recommend communicating with an attorney rather than trying to do it yourself. I have experience handling estate administration so I’ve seen both the drafting side and the probate side. Be wary of purchasing estate planning forms from office supply stores or from places like legalzoom.com. If a licensed NC attorney is not tailoring these documents to your specific needs, then it can have serious consequences. I’ve actually had to fix a few of these fill-in-the-form Wills for clients and in the end it costs them more in the long run. Just a quick tip before getting down to business.

    Last Will and Testament Who Needs One?

    Anyone who has children. You should name a primary guardian and secondary guardian so that your children will be cared for in the event that something should happen to both you and your spouse.

    What Could Happen if You Don’t Have a Will?

    If you and your husband don’t have a Will and both of you pass away at the same time, your children may be placed into the care of the New Hanover Department of Social Services until the court system can determine who would be the appropriate guardian for them. The court has the final say in the matter but gives strong weight to the directives of a Will.

    How Do You Name a Guardian in the Will?

    Your Will tells the court who you want to raise your children in the event of the death of both you and your spouse. Your Will also tells the court how you want the assets of your estate to be distributed to your children’s guardian for the purposes of their health care, education, and overall well-being. If you and your spouse pass away and you have named a guardian in your Will, your child may remain safely with that individual until he or she is formally awarded guardianship by the court. I have a checklist I made up called “How do you Choose a Guardian” which helps parents discuss this emotional decision. If anyone is interested in it as well, just let me know.

    What is a Testamentary Trust for Minors and Why is it Important?

    The common misunderstanding with trusts is that you and your husband must have a large, multimillion-dollar estate in order to have a testamentary trust. This is not true. Testamentary trusts are a smart way of protecting your children and any inheritance they might receive, no matter the size, and it provides their guardians with any funds they may need to care for your children. The Will sets up a testamentary trust for your minor children. This trust is set up by the executor of your estate when the Will is probated.

    A testamentary trust describes how and when the funds from your estate should be distributed to your child. For example, you could write the trust so that half of estate is distributed at age 21 and the other half at age 30. The trend has been to set the age for when the children are older and presumably more responsible so that the children will not come into a sum of money at the age of 18 or before they may be mature enough to responsibly manage the inheritance. You may also design the trust so that the trustee is directed with specific instructions to distribute funds to the guardian for the care of your child, such as for private school tuition or study abroad.

    What Does an Executor/Executrix Do?

    Naming the Executor/Executrix of your estate ensures that your spouse or the named guardian of your children will know who to turn to during a time of grieving. The Executor will be responsible for the administration of your estate. He or she will take your Will to the Clerk in the Estates Division of the county in which you were a resident upon your death. The Executor/Executrix will set up the estate administration, the testamentary trust and work with the guardian and trustee and Clerk of Court to ensure that the plans written in your Will are handled properly.

    By naming an Executor/Executrix in your Will, your loved ones may be able to administer your estate more efficiently and potentially with less expense than if you had not appointed anyone. If you do not have an appointed Executor/Executrix named in a Will, when you pass away, the Clerk of Court will appoint an individual to handle your estate. Usually this individual is the first family member who shows up at the Clerk’s office requesting information regarding intestate (without a Will) administration of the estate.

    What are Specific Bequests?

    In your Will you may make specific bequests of property to your children or other loved ones. For example, you may want to leave a family heirloom, your jewelry, or a valued stamp collection to your child. Making these specific designations may help prevent interfamily arguments regarding division of your personal property.

    Will your Family Know What You Wanted?

    In the Will you may describe how you would like your family to remember your life through a funeral, memorial, cremation, burial or other arrangements. You can designate specifics such as the cemetery where you would like to be buried or the church in which you would like a memorial service to be held. Having your wishes written down takes some of the stress of having to make those decisions off of grieving loved ones. Oftentimes these decisions have to be made quickly by the surviving spouse or your children. This section of the Will helps your family members follow your wishes.

    Many people also use this section of the Will to write special messages for their children, to tell them they love them or to impart words of wisdom or other family traditions that they want them to remember. This is a very personalized section of the Will and can be as simple or specific as you would like.

    What are Sweetheart Wills?

    If you are married, you and your spouse should write “sweetheart wills,” or Wills where the provisions mirror each other or work together for the benefit of the family. If you have an estate that you estimate to be larger than $2 million (2008 Federal estate tax exemption amount), I would recommend more complex estate planning methods in addition to a Will that might help with the impact of federal and state taxes.

    For most of my clients, simple estate planning is all that is necessary given the size of their estates and the fact that they will most likely be updating their Wills several times later on in their lives.


    O.k. that’s all for now. I hope this is useful and wasn’t too long a post. Everyone let me know your thoughts. Obviously, I am not the only attorney around to choose from, but I’m offering a special discount on my estate planning package to any mommies on this forum. Just PM me or go to my online law office.


    Stephanie – Proud mother of DD (1/06). Happily married to DH since 2001.
    Attorney practicing law online from home at http://www.kimbrolaw.com

  • Creating a Virtual Law Practice

    As an attorney, I believe that quality legal services should be available to all citizens regardless of their income levels. Many times clients are unable or unwilling to pay hundreds of dollars per billable hour to meet with an attorney in person when they have only general legal questions or need basic legal guidance. I created Kimbro Legal Services, LLC at www.kimbrolaw.com as a way to provide North Carolina citizens with affordable, limited legal services. I believe that kimbrolaw.com may be the first completely virtual law firm in North Carolina. A NC Bar Ethics Opinion passed in January, 2006 allowing virtual law practices, but I have been developing the concept for this website and firm for a couple years now.

    Why create a virtual law firm?

    First, the number of pro se litigants has been rising and courts are increasingly faced with the challenges and strains this increase creates both legally and administratively on the court systems. Many pro se litigants exist because they cannot afford to retain an attorney. A 2003 American Bar Association’s Report of the Modest Means Task Force stated that one method by which attorneys can improve the fairness of the American legal system is to provide limited legal services “to people who cannot afford ‘full-service’ representation.” Handbook on Limited Scope Legal Assistance, A Report of the Modest Means Task Force, American Bar Association, Section of Litigation, 2003.

    Second, without the high overhead costs of a physical law office, Kimbro Legal Services provides clients with limited legal counseling and assistance in civil matters, including the preparation of basic legal documents, such as Partnership and Operating Agreements for small businesses, Residential and Commercial Lease Agreements, Estate Planning materials, Estate Administration forms, and other contracts and agreements prepared in accordance with North Carolina Law. I am just beginning to build the law firm’s business, but I am highly optimistic that it will be a productive method of providing cost-effective and efficient legal services for people who have questions about North Carolina law.

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