HotDocs and Templates

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1 HotDocs and Templates Round Table Discussion Talking Points Gary R. Mund, Esq. Thursday, October 6, 2016! What are templates?! How are templates used?! What are the different types of templates?! Basic fill in the blanks forms! Q & A one-for-one! Smart interview-type templates! What are the pros and cons of using templates?! Prepackaged vs. roll your own! Prepackaged ready to use out of the box: little or no set-up (e.g., tax prep software)! Roll-your-own: infinitely customizable, potentially difficult or complex set-up! HotDocs software! Template systems specifically designed for T & E practice! NYSBA s Surrogate s Court Forms powered by HotDocs! NYSBA s Guardianship Forms powered by HotDocs! NYSBA s Estate Planning System powered by HotDocs! Examples and sample screens and forms! Upcoming projects; user feedback and suggestions for continual improvement

2 PRODUCT DETAILS HOTDOCS--SURROGATE'S COURT FORMS New York State Bar Association's Surrogate's Forms Powered by HotDocs Additional Information: Product Description Now you can electronically produce forms for filing in New York Surrogate's Courts using your computer and a printer. New York State Bar Association's Surrogate's Forms is a fully automated set of forms which contains official probate forms as promulgated by the Office of Court Administration (OCA) and used by various Surrogate's Courts throughout New York State. Generate New York surrogate's court forms electronically Eliminate the hassle of spending countless hours trying to properly format a form. The New York State Bar Association's Surrogate's Forms Powered by HotDocs are developed in cooperation with the NYSBA Trusts and Estate Law Section and include forms unique to various Surrogate's Courts. This package offers unparalleled advantages, including: The Official OCA Probate, Administration, Small Estates, Wrongful Death, Guardianship and Accounting Forms, automated using HotDocs document-assembly software. A yearly subscription service includes changes to the official OCA Forms and other forms related to surrogate's court practice. Links to the full text of the Surrogate's Court Procedure Act (SCPA); the Estates, Powers and Trusts Law (EPTL); and the Uniform Rules for Surrogate's Courts. Clear, easy-to-use graphical format that makes the forms tamperproof, protecting them against accidental deletions of text or inadvertent changes to the wording of the official forms. Practice tips to help ensure that the information is entered correctly; automatic calculation of filing fees; and warnings when affidavits need to be completed or relevant parties need to be joined. A history of forms you've used and when they were created for each client. A find feature that allows you to locate any form quickly and easily. Product Code: 6229

3 PRODUCT DETAILS HOTDOCS--GUARDIANSHIP FORMS New York State Bar Association's Guardianship Forms - Powered by HotDocs Additional Information: Key Benefits - Generate electronically the forms needed for your guardianship practice - Prepare forms required under Article 81 of the Mental Hygiene Law, efficiently and accurately Product Description When you're preparing legal documents, could you use an extra hand? What if you didn't have to tie up your time cutting, pasting, and proofing for errors? Now there's a quick and easy way to produce accurate guardianship documents, with New York State Bar Association's Guardianship Forms. This invaluable package contains 135 forms covering virtually every aspect of guardianship practice under Article 81 of the Mental Hygiene Law, ranging from the petition for guardianship to forms for annual and final accountings. - New York State Office of Court Administration Forms - Forms Recommended by the NYS Office of Guardianship Services - Initial Interview Form and Checklists - Petition for Guardianship - Court Evaluator Forms - Appointment of Guardian - Initial Reports and Accounts - Annual Reports and Accounts - Final Reports and Accounts - Institutional Commitment Forms - Sale of Real Property (by Guardian) - IRS Forms Product Code: 6120

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19 New York State Surrogate s Court New York State Bar Association Official OCA Forms SURROGATE S COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK PROBATE PROCEEDING, WILL OF JOHN DOE a/k/a Filing Fee Paid $ Certificates Paid $ Trustee Certs. Paid $ Prelim. Certs. Paid $ $ Bond, Fee: $ Receipt No.: No.: PETITION FOR PROBATE AND: X Letters Testamentary Letters of Trusteeship Form P-1 Petition for Probate Letters of Administration c.t.a TO THE SURROGATE S COURT, COUNTY OF It is respectfully alleged: 1. (a) The name, citizenship, domicile (or, in the case of a bank or trust company, its principal office) and interest in this proceeding of the petitioner are as follows: Petitioner Information: Name Citizenship Jane Doe United States Domicile Address: Street and Number 123 Main Street City, Village or Town State ZIP Code Country New York New York United States Mailing Address: Street and Number (If different from domicile) Interest: (Check One) X Name Domicile Address: Street and Number Mailing Address: Street and Number(If different from domicile) Interest: (Check One) Deceased. Executor named in decedent s Will Other: 1. (b) The proposed Executor is is not an attorney. 1. (c) The proposed Executor is is not the attorney-draftsperson, a then-affiliated attorney or employee thereof. [NOTE: An attorney-draftsperson, a then-affiliated attorney or employee thereof, must comply with SCPA 2307-a] -1- File No. NEW YORK City, Village or Town State ZIP Code Country Executor named in decedent s Will Other: 1. (b) The proposed Executor is X is not an attorney. [NOTE: A sole Executor-Attorney must comply with 22 NYCRR (e)] 1. (c) The proposed Executor is X is not the attorney-draftsperson, a then-affiliated attorney or employee thereof. [NOTE: An attorney-draftsperson, a then-affiliated attorney or employee thereof, must comply with SCPA 2307-a] Citizenship City, Village or Town State ZIP Code Country City, Village or Town State ZIP Code Country [NOTE: A sole Executor-Attorney must comply with 22 NYCRR (e)] NYSBA's Surrogate's Court Form P-1 (8/08) 2016 Matthew Bender & Co., a member of the LexisNexis Group.

20 2. The name, domicile, date and place of death, and national citizenship of the above-named decedent are as follows: Decedent Information: Name Citizenship John Doe United States Domicile Address: Street and Number 123 Main Street City, Village or Town State ZIP Code Country New York New York United States County Date of Death Place of Death New York October 6, 2016 Horrible Hospital 3. The Last Will, herewith presented, relates to both real and personal property and consists of an instrument or instruments dated as shown below and signed at the end thereof by the decedent and the following attesting witnesses: October 5, 2016 Date of Will Daniel Doctor and Nancy Nurse Name of All Witnesses to Will 4. No other will or codicil of the decedent is on file in this Surrogate s Court, and upon information and belief, after a diligent search and inquiry, including a search of any safe deposit box, there exists no will, codicil or other testamentary instrument of the decedent later in date to any of the instruments mentioned in Paragraph 3 except as follows: X None 5. The decedent was survived by distributees classified as follows: a. 1 Spouse (husband/wife). b. NO Child or children and/or issue of predeceased child or children. [Must include marital, nonmarital, adopted, or adopted-out child under DRL Section 117] c. X Mother/Father. d. X Sisters and/or brothers, either of the whole or half blood, and issue of predeceased sisters and/or brothers (nieces/nephews, etc.). e. X Grandparents. [Include maternal and paternal] f. X Aunts and/or uncles, and children of predeceased aunts and/or uncles (first cousins). [Include maternal and paternal] g. X First cousins once removed (children of predeceased first cousins). [Include maternal and paternal] 6. The names, relationships, domicile and addresses of all distributees (under EPTL and 4-1.2) of each person designated in the Will herewith presented as primary executor, of all persons adversely affected by the purported exercise by such Will of any power of appointment, of all persons adversely affected by any codicil and of all persons having an interest under any other will of the decedent on file in the Surrogate s Court, are hereinafter set forth in subdivisions (a) and (b). [If the propounded will purports to revoke or modify an inter vivos trust or any other testamentary substitute, list the names, relationships, domicile and addresses of the trustee and beneficiaries affected by the will in subparagraphs (a) and (b) below. Submit trust agreement.] NYSBA's Surrogate's Court Form P-1 (8/08) Matthew Bender & Co., a member of the LexisNexis Group.

21 6. (a) All persons and parties so interested who are of full age and sound mind or which are corporations or associations, are as follows: Name Jane Doe Domicile Address: Street and Number 123 Main Street City, Village or Town State ZIP Code Country New York New York United States Mailing Address: Street and Number (If different from domicile) City, Village or Town State ZIP Code Country Relationship Wife Description of Legacy, Devise or Other Interest Distributee, Residuary Beneficiary Nature of Fiduciary Status (if applicable) Primary Executor Name Domicile Address: Street and Number City, Village or Town State ZIP Code Country Mailing Address: Street and Number (If different from domicile) City, Village or Town State ZIP Code Country Relationship Description of Legacy, Devise or Other Interest Nature of Fiduciary Status (if applicable) Name Domicile Address: Street and Number City, Village or Town State ZIP Code Country Mailing Address: Street and Number (If different from domicile) City, Village or Town State ZIP Code Country Relationship Description of Legacy, Devise or Other Interest Nature of Fiduciary Status (if applicable) NYSBA's Surrogate's Court Form P-1 (8/08) Matthew Bender & Co., a member of the LexisNexis Group.

22 6. (a) Persons and parties of full age and sound mind: (continued) Name Domicile Address: Street and Number City, Village or Town State ZIP Code Country Mailing Address: Street and Number (If different from domicile) City, Village or Town State ZIP Code Country Relationship Description of Legacy, Devise or Other Interest Nature of Fiduciary Status (if applicable) 7. (a) The names and domiciliary addresses of all substitute or successor executors and of all trustees, guardians, legatees, devisees, and other beneficiaries named in the Will and/or trustees and beneficiaries of any inter vivos trust designated in the propounded Will other than those named in Paragraph 6 herewith are as follows: Name 6. (b) All persons so interested who are persons under disability, are as follows: X None Domicile Address: Street and Number City, Village or Town State ZIP Code Country Mailing Address: Street and Number (If different from domicile) City, Village or Town State ZIP Code Country Description of Legacy, Devise or Other Interest Nature of Fiduciary Status (if applicable) Name Domicile Address: Street and Number City, Village or Town State ZIP Code Country Mailing Address: Street and Number (If different from domicile) City, Village or Town State ZIP Code Country Description of Legacy, Devise or Other Interest Nature of Fiduciary Status (if applicable) X 7. (b) All such legatees, devisees and other beneficiaries who are persons under disability are as follows: None NYSBA's Surrogate's Court Form P-1 (8/08) Matthew Bender & Co., a member of the LexisNexis Group.

23 8. (a) No beneficiary under the propounded will, listed in Paragraph 6 or 7 above, had a confidential relationship to the decedent, such as attorney, accountant, doctor, or clergyperson, except: X None (b) No persons, corporations or associations are interested in this proceeding other than those mentioned above. 9. (a) To the best of the knowledge of the undersigned, the approximate total value of all property constituting the decedent s gross testamentary estate is: Greater than $ 500, But less than Personal Property Improved Real Property in New York State Unimproved Real Property in New York State Estimated Gross Rents for a Period of 18 Months $ $ $ $ $ 1,000, ,000, (b) No other testamentary assets exist in New York State, nor does any cause of action exist on behalf of the estate, except as follows: X None 10. Upon information and belief, no other petition for the probate of any will of the decedent or for letters of administration of the decedent s estate has heretofore been filed in any court. WHEREFORE your petitioner(s) pray(s) (a) that process be issued to all necessary parties to show cause why the Will and the Codicil(s) set forth in Paragraph 3 and presented herewith should not be admitted to probate; (b) that an order be granted directing the service of process, pursuant to the provisions of Article 3 of the SCPA, upon the persons named in Paragraph (6) hereof whose names or whereabouts are unknown and cannot be ascertained, or who may be persons on whom service by personal delivery cannot be made; and (c) that such Will and Codicil(s) be admitted to probate as a Will of real and personal property and that letters issue thereon as follows: X Letters Testamentary to: Jane Doe Letters of Trusteeship to: f/b/o f/b/o f/b/o f/b/o f/b/o NYSBA's Surrogate's Court Form P-1 (8/08) Matthew Bender & Co., a member of the LexisNexis Group.

24 Letters of Administration c.t.a. to: and that petitioner(s) have such other relief as may be proper. Further relief sought (if any): Dated: October, 2016 Signature of Petitioner Jane Doe Print Name Signature of Petitioner Print Name NYSBA's Surrogate's Court Form P-1 (8/08) Matthew Bender & Co., a member of the LexisNexis Group.

25 COMBINED VERIFICATION, OATH AND DESIGNATION For use when petitioner is an individual STATE OF COUNTY OF NEW YORK NEW YORK ss.: The undersigned, the petitioner named in the foregoing petition, being duly sworn, says: 1. VERIFICATION: I have read the foregoing petition subscribed by me and know the contents thereof, and the same is true of my own knowledge, except as to the matters therein stated to be alleged upon information and belief, and as to those matters I believe it to be true. 2. OATH OF X EXECUTOR ADMINISTRATOR c.t.a. TRUSTEE as indicated above: I am over eighteen (18) years of age and a citizen of the United States ; and I will well, faithfully and honestly discharge the duties of Fiduciary of the goods, chattels and credits of said decedent according to law. I am not ineligible to receive letters and will duly account for all moneys and other property that will come into my hands. 3. DESIGNATION OF CLERK FOR SERVICE OF PROCESS: I hereby designate the Clerk of the Surrogate s Court of New York County, and his/her successor in office, as a person on whom service of any process, issuing from such Court may be made in like manner and with like effect as if it were served personally upon me, whenever I cannot be found and served within the State of New York after due diligence used. My domicile is: 123 Main Street, New York, New York Signature of Petitioner Jane Doe Print Name On the day of October, 20 16, before me personally came Jane Doe to me known to be the person described in and who executed the foregoing instrument. Such person duly swore to such instrument before me and duly acknowledged that he/she executed the same. Notary Public Commission Expires: (Affix Notary Stamp or Seal) Lawrence Lawyer Signature of Attorney Print Name of Attorney Lawrence Lawyer, P.C. (212) Firm Telephone 1 Broadway, Suite 100, New York, New York Address NYSBA's Surrogate's Court Form P-1 (8/08) 2016 Matthew Bender & Co., a member of the LexisNexis Group.

26 PUSH- BUTTON EASY Spend more time planning; less time drafting. Introducing the latest addition to the LexisNexis New York State Bar CD Forms Library. NYSBA Estate Planning System Created by Michael O Conner, powered by HotDocs Now you can simplify the creation of estate documents with the new NYSBA Estate Planning System powered by HotDocs. HotDocs document assembly gives you the freedom to fill out information once in an input form that populates the same information across all documents. You can more readily focus on planning your clients estates rather than spend your time filling out information. COMPETE IN A BURGEONING PRACTICE AREA In a document-intensive area of practice such as estate planning, improving drafting speed and accuracy goes directly to your bottom line. NYSBA Estate Planning System is a way to both service current clients more effectively, and free up the time you need to take on new business. The work is out there, and this fully automated system is a way to secure it. TAP INTO A COMPREHENSIVE COLLECTION OF FORMS Stop wasting time scouring your hard drive or filing cabinets for old documents to use as a starting point in drafting. And don t rely on forms from the open web, which may not reflect the most recent New York estate law. The NYSBA Estate Planning System contains a comprehensive collection of forms: Assorted wills Assorted trusts Codicils Healthcare proxy (living will) HIPAA information release authorization form Statutory power of attorney Personal care contracts Premarital agreements Post-marital agreements For more information or to order: call go to contact your LexisNexis sales representative

27 NYSBA Estate Planning System I highly recommend the Estate Planning System developed by Michael O Conner. Using the System to prepare wills, trusts and other estate planning documents saves me a significant amount of time, which translates into added time I can spend advising clients and growing my business... Jonathan P. McSherry, Esq., CPA Costello, Cooney & Fearon, PLLC FORMS ARE COMPLETELY UP TO DATE With the NYSBA Estate Planning System, you can be confident you are getting forms that reflect: 4 The very latest Court of Appeals decisions 4 The latest legislation from Albany 4 New forms as required 4 Revisions and updates to existing forms and clauses BENEFIT FROM THE INSIGHT AND KNOW-HOW OF A SEASONED PRACTITIONER The NYSBA Estate Planning System was developed by a highly successful, esteemed member of the NYSBA. It has also been reviewed and given the seal of approval by NYSBA leadership. Author Michael O Conner is a former chairman of the NYSBA sections on trusts/estates and elder law, and he has annotated this collection with invaluable guidance that further enhances its value. NYSBA Estate Planning System $ 1,299* Pub. # CD-ROM, single user, ISBN Downloadable.exe file, ISBN Updates pushed out 4x per year via the LexisNexis Download Center at *Pricing is for a single-user license; to purchase additional licenses, please call FORMS POWERED BY HOTDOCS WILL STAND UP TO ANY OTHER FORMS PRODUCT YOU MAY BE USING Enter case-specific information once and it is automatically inserted throughout the form where that information is required. With HotDocs you have the power you need to: Customize the system to your specifications select names, addresses and phone numbers for attorneys and courts from lists you can prepare and edit Access statutory material directly from the form, allowing you to check statutes or conduct research without having to consult other sources Skip the grammar review with automatic smart formatting eliminating the tedious task of reviewing grammar Save data into an answer file and use it to automatically complete other forms and print signature-ready documents View pop-up calendars and tables containing dates and other information Locate any of the forms you need quickly and easily using the Find feature Create interactive templates that ask you vital questions and use your answers to create a customized pulling in the automatic smart formatting LexisNexis and the Knowledge Burst logo are registered trademarks of Reed Elsevier Properties Inc., used under license. HotDocs is a registered trademark of HotDocs Ltd. NYSBA is a registered trademark of the New York State Bar Association. Other products or services may be trademarks or registered trademarks of their respective companies LexisNexis. OFF