Charting the Course for Estate Plans

Matthew C. Boldt

Many attorneys experience some version of the following scenario at one time or another – You meet with clients to discuss a legal agreement they want you to prepare, you prepare the agreement, send follow up correspondence to the clients regarding specific terms and issues of importance, revise the agreement according to the clients’ input, and eventually arrange a time to sit down and execute everything. Despite your best efforts along the way, when presented with the execution draft of the agreement, one of your clients says something along the lines of “I think I understand it, but can you tell me again exactly what I’m signing here?” or “I read the draft that you sent me and your explanation of the key terms, but it’s full of so much legal mumbo-jumbo that I’ll just have to trust you that it says what it should.” This scenario could come up in any number of practice areas, whether the document at issue is a company operating agreement, commercial real estate contract, or otherwise. One common practice area where this might arise is estate planning.

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