11/17/2011

Suze Orman Will & Trust Kit Review

Suze Orman Will and Trust Kit
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Hello, I am the Trust and Wills attorney that worked with Suze Orman to create the Suze Orman Will and Trust kit. I appreciate the opportunity to respond to a user whom posted concerns here. *He expressed concern that there is a lack of clarity in a section of the will that could cause confusion. The sentence in question is:

"I nominate Mary Smith to act as my executor. If Mary Smith cannot serve then John Smith is to serve as the executor of my will."
The questions is whether the second sentence requires the insertion of a comma to avoid any confusion. This section, as written, is clear and correct. There is no confusion about who is being named as executor. And that is the guiding principle for the courts; is the intention of the person making the will clear to the reader. As written this program I believe you the reader can see that it is absolutely clear.
The poster also pointed out a grammar error in an instruction letter. We thanked the fellow for pointing out that there is a change of tense in the letter. This has been corrected and recently posted in a free update that is included with the program. But rest assured the letter's intent was clear even with the tense issue; I have complete confidence in the content of the letter. The cover letter provided in the program is a courtesy letter, much like a fax cover sheet and has no legal significance. To view the letter please go to: www.suzeorman.com/drletter/
*The same person expressed concern in his original post to the help website, about the use of what he called "boiler plate" language and the inability to delete text from the will document. The specific concerns were two passages dealing with children and minors. The specific wording and inability for users to alter the text was a very deliberate decision I encouraged Suze to make. After much research and consultation, I decided the language with respect to children and minors is absolutely necessary to protect the users of this program. After reviewing countless wills people created using other programs I saw so many errors and omissions due to the changes and additions made by the program users. By making changes, inconsistencies and errors were written into the documents. Those mistakes were enough to make the will invalid. To protect users of Suze's program, and to ensure that the final will that is created would be judged valid, we created a program where the user made selections and answered certain questions that then automatically inserted the correct legal language in their will.
That is why when you select "no children" in the user profile, your document will nonetheless include the sentence: "I intentionally leave nothing to anyone claiming to be child of mine regardless of the validity of their claim." Without such a sentence, if you had a child you did not know about, then that child would be able to take a large part, or even all of your estate upon your death. Sound far-fetched? Well, there have indeed been many famous cases where unknown children have surfaced and made successful claims on estates. I realize this will not pertain to most users, but Suze's focus was to create a program that gives everyone the best legal protection; so that is why it is included.
*There was also concern about the inclusion of a phrase addressing the right for the executor to retain the inheritance of a young person in a custodianship UTMA account. This phrase can save an estate a great deal of time and money. Because of this phrase, the executor will not need to create a guardianship for the minor in the courts which can easily cost $5,000. The provision allows the executor to protect a young person beyond age 18, in some states covering up to age 25. Even if you don't name a minor child as a beneficiary, this phrase can be important. If one of your beneficiaries dies before you, or with you, that person's child or children will often become the beneficiary as a result of the death. Because of this, I encouraged Suze to include the phrase in the program. Again, our goal is to protect everyone from as many possible scenarios based on our extensive real life experience.
I thank you for your concern. Please know that I worked with Suze for months creating and vetting this program to make sure it would truly deliver a valid will to all users. The issues you raise were indeed discussed during the development of this program. The wording we chose was very intentional to ensure that all users had the utmost protections, and that there was no possibility that any user would inadvertently make a change that could render the document invalid.


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This is an easy-to-use and fast way for you and other members of your household to create your own advance directive, also known as a living will, durable power of attorney for health care, living revocable trust, and all the other must-have documents you need to protect you and your family. It's as easy as 1-2-3—simply personalize, print, and protect. Suze Orman and her own estate trust attorney have created the most state-of-the-art documents found anywhere. There are more than $2,500 worth of estate documents in this kit. Why pay thousands of dollars when you can get the same documents in this kit! This kit includes: • More than 50 state-of-the-art documents • Free automatic on-line updates • Verbal and written instructions taking you step by step through the four must-have documents • Password protection securing multiple users' information • A tutorial that shows you everything you need to know • 10 electronic books PC and Macintosh Compatible . . . and good in all 50 states!

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