Probate Plan Terms and Conditions
This website is owned and operated by Huge Legal Technology Company, Inc., a Delaware corporation doing business as Trust & Will ("Trust & Will"). Your use of any of Trust & Will websites or services is governed by our general terms and conditions found in our Terms of Service ("General Terms"). Additionally, the terms and conditions contained below apply specifically to your use of any of the probate offerings, as described below, made available by Trust & Will, including probate offerings made available through Trust & Will's dedicated probate website(s) ("Probate Platform")
In these terms specific to our probate offerings (“Probate Terms”), the words “you” and “your” refer to each customer, and/or Probate Platform visitor. “We”, “us”, and “our” refer to Trust & Will. By purchasing a Probate Plan and becoming a paid member (“Member”), you accept and agree to these Probate Terms and our General Terms, and any other terms that might apply based on your purchases and interaction with Trust & Will’s offerings. Your acceptance of these Probate Terms constitutes a legal agreement between you and Trust & Will regarding your use of any of the offered Probate Plans. This agreement is effective as of the date you accept these Probate Terms by purchasing a Probate Plan.
To the extent that any of these Probate Terms conflict with any other Terms of Service, Privacy Policy, or Refund Policy, these Probate Terms will control. Any other Terms of Service, Privacy Policy, Refund Policy, or other terms will continue to apply in addition to these Probate Terms.
The Probate Plans are not a substitute for accounting, business, tax or other professional advice or services. The content available via forms and educational content provided by Trust & Will is not a substitute for the advice or services of an attorney.
1. Access to the Probate Platform
In order to gain access to any Probate Plan tools or benefits, you must agree to these Probate Terms. Access may be granted at the sole discretion of Trust & Will. You may not transfer or assign your Probate Plan or its benefits. Eligibility for a Probate Plan may be limited based on many factors, including state of residence, age, qualification to use and actual use of services or products offered by Trust & Will, or any other factors Trust & Will deems appropriate. Access to your Probate Plan benefits may be terminated upon any loss of eligibility or in the sole discretion of Trust & Will.
The benefits of each Probate Plan are available upon initial payment and opt-in to a payment plan, or upon payment in full for the Probate Plan of your choice. You will have access to the associated features of your Probate Plan in accordance with these Probate Terms. Each Probate Plan terminates upon the conditions described under each specific Probate Plan.
The price of each Probate Plan is as posted on the EZ-Probate and/or Trust & Will web page(s) (generally referred to as the “Probate Website” whether hosted via EZ-Probate or a Trust & Will domain) at the time of purchase. The price for Probate Plans may change prospectively at the sole discretion of Trust & Will. Your purchase of a Probate Plan will lock in your pricing at the time of your initial purchase or initial payment under a payment plan.
Access to the Probate Plan features are intended for the use of one individual. A Member may permit a third party to attend informational telephone calls regarding Member’s Probate matter, at Member’s sole discretion. Trust & Will may only communicate with Member, or with third parties with express Member consent and at Member’s direction.
2. Probate Plan Features
Each Probate Plan includes different features. Every plan includes unlimited technical support regarding the form generating technology with Trust & Will service representatives. The substance of email, phone, and chat support is to be confined to general informational purposes only, as Trust & Will is not a law firm and cannot provide you with legal advice. Trust & Will makes no guarantee as to the legal outcome of any probate matter, regardless of the type of Probate Plan purchased by the individual. Trust & Will facilitates self serve forms and provides general educational support, and does not provide any legal advice. All information provided by Trust & Will is provided for educational purposes and should not be interpreted as individual legal advice. Trust & Will’s software generates probate forms based on the information you provide, and the choices you make regarding the method of probate you wish to pursue. Trust & Will can provide you with general educational material to help inform your selection of a Probate Plan and probate forms, but cannot provide you with specific information regarding the method of probate best suited for your individual scenario.
The specific features included in each Probate Plan are as follows:
DIY Plan
If you purchase the DIY Plan, you are considered a “DIY Member” under these Probate Terms.
The DIY Plan includes access to the Trust & Will document generation software to produce probate forms and step-by-step instructions based on the information you provide through the Probate Website. Trust & Will’s software produces Probate forms customized to suit the specific type of probate process you wish to pursue. The DIY plan also includes one phone consultation, not to exceed thirty (30) minutes with a Trust & Will service representative for technical support regarding the probate form creation process and general probate information. The DIY Plan terminates when the associated probate matter is closed in probate court or alternatively when all probate forms and related support services have been provided.
Concierge Plan
If you purchase the Concierge Plan, you are considered a “Concierge Member” under these Probate Terms. The Concierge Plan includes use of Trust & Will’s software to generate the probate forms you deem necessary, based on the information you provide through the Probate Website. Concierge Members also will receive access to the following features:
Unlimited phone, email, and chat support from a dedicated Trust & Will customer service representative.
Access to general educational materials regarding the probate process.
A designated Trust & Will customer service representative available to review probate forms for typographical errors and completeness. Trust & Will is not a law firm and will not review your documents for legal accuracy or appropriateness.
Forms and general information regarding any legally required notice as it relates to the probate matter.
Concierge Members may also receive access to an internal platform where they can visually track their matter and the tasks necessary to support the probate matter, subject to availability in the Concierge Member’s jurisdiction.
Concierge Members will also receive support in filing probate related documents, including step by step instructions for the filing process.
The Concierge Plan terminates and access to all Concierge Plan features will end thirty days after the earlier of either the authorization for distribution of known estate assets or the final distribution of known estate assets.
Probate Attorney Plans
If you purchase a Probate Attorney Plan, you are considered a “Probate Attorney Member.” The Probate Attorney plan is a legal service plan providing a Member with the ability to consult with a Participating Attorney to receive limited-scope legal services (“Covered Services”) related to certain issues and matters covered by the Probate Attorney Plan. A Member will not be responsible for the fees of a Participating Attorney in providing Covered Services. There is no deductible or copayment for Covered Services. If you wish to purchase a Probate Attorney Plan, a Trust & Will service representative will connect you with a designated attorney who is licensed to practice in your jurisdiction, and the attorney will recommend the appropriate probate procedure for you based on your individual needs. The services available from the Probate Attorney Plan will vary based on jurisdiction and venue, and services may not be available in your jurisdiction. Subject to variability in each jurisdiction, the following general features may be included in the Probate Attorney Plan:
Use of Trust & Will’s software to generate the probate forms the attorney deems necessary, based on the information you provide through a consultation with the attorney
Review of all documents generated by Trust & Will’s software by a licensed attorney in the estate’s jurisdiction. This includes review for completeness and legal validity and accuracy
The attorney may direct Trust & Will to perform administrative tasks related to your Probate matter, including making revisions to documents to ensure legal validity and accuracy. Such administrative tasks will be completed under the guidance and direction of the attorney.
Preparation of legally required notices to heirs as well as to the public
Where available, the attorney will e-file your probate documents with the appropriate court
The attorney will represent you at the initial probate hearing
The attorney will review and respond to court correspondence up through the initial probate hearing
Additional services may be available, for additional hourly fees to be determined by the attorney
Each Probate Attorney Plan also provides a Member with access to benefits described under the Concierge plan, including a designated service representative assigned to the probate matter until it has been resolved. Trust & Will will not provide any legal advice or individual analysis of your legal situation at any point in the probate process.
Participating Attorneys may direct Trust & Will to file documents on your behalf. By agreeing to these Probate Terms, you consent to Trust & Will operating at the direction of the attorney to support administrative tasks associated with your probate matter.
Any services provided by an attorney that fall outside the scope of the covered services described herein will be subject to additional fees and governed by a separate agreement between you and the attorney. Attorney representation under the Probate Attorney Plan ends as described in the limited scope agreement for your particular jurisdiction.
3. Additional Fees
You are responsible for any additional fees related to your probate matter, regardless of the type of Probate Plan you select. Additional fees include but are not limited to: filing fees, notice fees, other court fees, guardian ad litem fees, and accounting fees. Depending on your Probate Plan of choice, either the Attorney or Trust & Will may invoice you for additional fees associated with your probate matter.
4. Limited Scope Representation
Trust & Will does not provide any legal services. Participating Attorneys are independent contractors who agree to provide legal services directly to a Member, subject to a limited scope agreement between a Member and a Participating Attorney (“Limited Scope Agreement”). The Limited Scope Agreement will define the limited-scope representation of a Member by a Participating Attorney. The limited-scope representation is intended to be ancillary to and in support of Member’s efforts to be appointed the administrator to the estate. A conflict check may apply as a precondition to the attorney-client relationship between a Member and a Participating Attorney.
Participating Attorneys are solely responsible for the legal advice and guidance provided to a Member and Trust & Will makes no representations or guarantees regarding any such legal advice or guidance, nor does Trust & Will guarantee the outcome of any stage of the probate process. Trust & Will does not direct or control the attorney’s provision of legal services.
5. Exclusions
The following items and matters are excluded from the Probate Plans and are not included as benefits of Membership nor are they included as Covered Services under any Probate Attorney Plan:
Any actions, disputes, or issues that may result in a conflict of interest between Members, between joint Members, between a Participating Attorney and one or more Members, or between Trust & Will and one or more Members;
Any actions or disputes directly or indirectly involving Trust & Will, its affiliate, directors, officers, agents, contractors, or employees;
Any commercial, business, or non-personal use of any of the Probate Plans; and
Any matters not involving the laws of the United States and of jurisdictions where the Probate Plans are offered.
6. Intake Procedures
To be eligible to receive the benefits of the Probate Plans, you must utilize the intake procedures specified in this section.
Intake procedure for DIY Plan or Concierge Plan.
A customer will complete an online intake form and provide basic information about the decedent’s estate and the anticipated probate matter. The customer will then schedule an appointment for a consultation with a Trust & Will service representative through Member’s Trust & Will account. During the consultation, Member and service representative will discuss the type of Probate Plan the individual is interested in.
If the individual wishes to purchase the DIY Plan or the Concierge Plan, the Trust & Will representative will process payment for the service, and if necessary, initiate a payment plan for the individual.Intake Procedure for Probate Attorney Plan.
If the customer wishes to purchase an Probate Attorney Plan, the service representative will ask the customer to complete a questionnaire regarding their probate scenario, the contents of which will be shared with the attorney. The attorney will review the questionnaire, conduct a conflict check, and offer counsel as to the appropriate procedural process to suit the customer’s individual situation. After the customer and attorney agree on the level of service required, the customer will then pay for the appropriate Probate Attorney Plan with Trust & Will. If necessary, a Trust & Will representative will assist the customer in setting up a payment plan.
A service representative for Trust & Will will help Member to schedule an initial appointment with the attorney. Member will then receive the Probate Services Agreement between Member and a Participating Attorney. Member will need to sign the Probate Services Agreement to confirm the initial appointment with the attorney. The Probate Services Agreement and the scheduled appointment are each subject to Member clearing all necessary conflict checks and signing any other agreement regarding the services to be provided by the Participating Attorney to Member.
Trust & Will will provide the Participating Attorney with the name and contact information of Member to allow the Participating Attorney to complete any necessary conflict checks. Trust & Will will also provide the Participating Attorney with information Member has provided about the issues Member wishes to discuss with the Participating Attorney.
Member may be provided an opportunity to communicate with a Participating attorney in writing, including by email or chat, in lieu of a telephone consultation. The ability to communicate in writing may not be available in all cases and will be subject to Member clearing all necessary conflict checks, signing an agreement regarding the Covered Services to be provided to Member by a Participating Attorney, and signing any Probate Services Agreement. A Participating Attorney may respond in writing, including by email or chat.
7. Consent to Disclose Information
Trust & Will may transfer, share, or give access to information about Member to a Participating Attorney under the Probate Attorney Plan. The information shared may include information about you that can be used to contact or identify you, information that you input on our site, and information on your use of and activities at our web site that may be connected with you ("Personal Information"). The information shared may also include the documents you generate through Trust & Will and your contact information. Member acknowledges and agrees that limited information regarding the services provided by the Attorney will be provided to Trust & Will when the Attorney invoices Trust & Will for provision of covered Services.
Member acknowledges and expressly consents to the disclosure of information disclosed in these Probate Terms.
8. Additional Provisions
A. Misuse of Plan:
Member is solely responsible for any liabilities, actions, or expenses incurred through the use of a Probate Plan. This includes any fraudulent, unauthorized, or illegal use of a Probate Plan. Member will promptly notify Trust & Will of any known or suspected breach of security or other unauthorized or illegal activity related to the use of any of the Probate Plans.
B. Complete and Accurate Information:
Member is responsible for providing complete and accurate information in connection with the Probate Plan of Member’s choice, including information input into the Trust & Will software used to generate Probate Documents, information provided on Member’s Trust & Will account, information provided to the support team, and information provided to a Participating Attorney. Member is responsible for any costs, liabilities, actions, or expenses incurred as a result of Member not providing complete and accurate information.
C. Individual Agreement:
Member enters this Agreement and agrees to these Probate Terms in the individual capacity of Member. Probate Plans are not offered to any business, company, trust, estate, or other legal entity. Only a natural person may be a Member.
D. Not Insurance:
None of the Probate Plans described herein constitute a contract of insurance or an indemnification insurance plan. The Probate Plans are not regulated as insurance. Trust & Will is not an insurance company and does not guarantee coverage or legal representation in every Probate Attorney Plan situation. The Probate Attorney Plan provides access to legal services from Participating Attorneys who may receive compensation from Trust & Will pursuant to a separate agreement between Trust & Will and a Participating Attorney. Trust & Will does not reimburse or indemnify any Member for attorney fees or expenses.
E. Payment, Refunds, Termination by Member:
a. Payment.
Payment is due at the time of purchase Payment plans may be made available subject to additional fees or requirements. Trust & Will reserves the right to terminate your access to any documents and services associated with your Probate Plan if you fail to make any required payment.b. Refunds
Refunds regarding Probate Plans will be determined on a case by case basis. If you would like to request a refund, please contact us at hello@trustandwill.com. If the attorney cannot take on your matter due to conflict or declines to commence an attorney-client relationship with you, any payment made towards your Probate Attorney Plan will be refunded.c. Termination by Member.
A Member may terminate a Membership by providing Trust & Will written notice of the intention to terminate the Membership no later than seven days after receipt of these Probate Terms and commencement of a Membership. Termination of a Membership by a Member will cancel the Membership and eligibility for access to the features of Member’s selected Probate Plan. Except as provided in this section, any payment for the Probate Plans is not refundable.
F. Complaints, Grievances, and Dispute Resolution:
Member agrees to seek resolution of any questions, complaints, grievances, or concerns by sending an email to hello@trustandwill.com. Member agrees to settle any dispute, claim, or controversy with Trust & Will by binding arbitration, as provided in the Probate Terms of Service of TrustandWill.com
Member acknowledges that any dispute, claim, or controversy with a Participating Attorney may be governed by dispute resolution provisions in the Probate Services Agreement or other agreement between Member and the Participating Attorney.
G. Independence of Participating Attorneys:
Participating Attorneys are not agents or employees of Trust & Will. Participating Attorneys are solely responsible for the limited-scope attorney-client relationship between a Member and the Participating Attorney. Participating Attorneys are solely responsible for all legal services provided to a Member.
Participating Attorneys retain all rights to make independent professional judgments and Trust & Will will not influence or attempt to affect the rendering of legal services by a Participating Attorney or the relationship between the Participating Attorney and Member. Participating Attorneys reserve all rights to refuse service or decline to commence an attorney-client relationship with anyone.
H. Independent Counsel:
Member retains the right to retain an unaffiliated attorney at Member’s own expense. Any services provided by an unaffiliated attorney are separate and not included as part of any Probate Plan described herein. Trust & Will has no obligation to pay for any such services or provide any reimbursement for such services.
9. Additional Notices
A: Notice to Texas Residents who purchase a Probate Attorney Plan:
The Probate Attorney Plan is a legal service contract offered, provided, and administered by Trust & Will. These Probate Terms constitute the legal service contract and you are the legal service contract holder. There is a 31-day grace period for renewal of a Membership after the end of the Membership term.
B. Notice to New York Residents who purchase a Probate Attorney Plan:
The price of Membership covers the cost of rendition plus a reasonable overhead for all Covered Services provided as benefits of the Probate Attorney Plan. Services not covered as a benefit of the Probate Attorney Plan may have additional costs associated, including fees to cover the cost of rendition plus a reasonable overhead. Such additional services and additional costs are not covered by the Probate Attorney Plan or these Probate Terms and must be covered by a separate agreement between Member and the attorney providing such services.
C. Notice to North Carolina Customers
We provide watermarked blank document templates upon request. To request such templates, please write to us at 961 W Laurel St, San Diego, CA 92101, specifying which document templates you are requesting. We have a consumer satisfaction process to address any questions or concerns regarding the Services we offer. You may raise any questions or concerns by emailing us at hello@trustandwill.com. Trust & Will does not disclaim any warranties or liability regarding Probate Plans for North Carolina customers, nor does Trust & Will limit the recovery of damages or other remedies related to Probate Plans for North Carolina customers.
D. Notice to Indiana Customers
Trust & Will shall provide for an advisory group of members of the Indiana Ber and members of the plan. The advisor group shall meet periodically to evaluate the operation of this plan. You may receive an e-mail notification asking for your voluntary participation in this advisory group. Participation is not mandatory.
This plan satisfies the conditions set forth under Indiana Rules for Admission to the Bar and the Discipline of Attorneys Rule 26. However, that in no way shall be construed as an approval of such plan by the Supreme Court of Indiana.
Last updated and effective as of: November 11, 2022
