It is my pleasure to represent you for the limited purpose of nominating permanent guardians who will care for your child(ren) in the event of your death or incapacity. By signing this engagement letter, you are acknowledging that my firm is representing you only for the limited purpose of legally nominating guardians and for no other purpose. If you engage my firm for any additional matters, a new engagement letter must be executed.
THE NOMINATION OF GUARDIAN DOCUMENT EXECUTED ON THIS DATE DOES NOT AVOID PROBATE, PROTECT YOUR CHILD(REN)’S INHERITANCE FROM THEIR CREDITORS OR PREDATORS, AND DOES NOT PROTECT YOUR ESTATE FROM ESTATE TAX.
You acknowledge that I have advised you on (and you understand) the following:
WITHOUT FURTHER PLANNING, YOUR ASSETS WILL PASS ACCORDING TO CALIFORNIA LAW AND WILL BE FREELY AVAILABLE TO YOUR CHILD(REN) WHEN THEY TURN 18 YEARS OLD.
UPON YOUR DEATH OR INCAPACITY, ANY ASSETS TITLED IN YOUR NAME WILL BE PROBATED BEFORE THEY ARE AVAILABLE TO YOUR HEIRS. PROBATE IS A COSTLY, TIME INTENSIVE PROCESS AND COMPLETELY OPEN TO THE PUBLIC.
This Agreement is limited strictly to legal services related to your nominating permanent guardians to care for your children in the event of your death or incapacity. It is understood that you are not relying on me or my office for estate planning, business, investment, accounting, or valuation decisions, and that before relying on me or my office for any such advice, we will execute a new engagement letter.
If you are married or in a committed relationship and I advise both you and your partner, by signing this engagement letter, you agree that you are waiving any conflicts that may exist now or in the future between the two of you.
Any dispute, controversy or claim arising out of or relating to this Agreement, including any claims for legal malpractice, breach of contract, breach of fiduciary duty, and/or other claims related to the provision of professional services, shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its applicable rules. By agreeing to submit this matter to binding arbitration, you are waiving your right to a jury and any rights to appeal relief. If you have any questions about the waiver of these rights, I urge you to consult with another attorney of your choice. Any judgment on the arbitration award rendered by the arbitrator(s) may be entered into any court having jurisdiction. The arbitration proceeding must be held in the San Francisco Bay Area.
Any dispute relating to fees, costs or legal expenses in dispute, including any action to collect monies owed, is subject to California State Bar's Mandatory Fee Arbitration program.