Washington State Attorney General Settlement Prohibits Legalzoom from Practicing Law in Washington

Here's the text of the September 16, 2010, press release from the Washington Secretary of State:

Washington Attorney General zooms in on LegalZoom’s claims

DIY legal forms aren’t a substitute for an attorney

SEATTLE – If you’ve watched cable TV, you’ve likely seen celebrity attorney Robert Shapiro tout his company, LegalZoom, as a way to start businesses, patent inventions and create wills. “We put the law on your side,” he says.

But the Washington Attorney General’s Office wants to be sure consumers aren’t misled by LegalZoom’s cost-saving claims.

“LegalZoom offers do-it-yourself legal documents online but can’t provide you with legal advice or tell you which forms to fill out,” Attorney General Rob McKenna said.

Under a settlement with the Attorney General’s Office, LegalZoom can’t compare its costs to attorneys’ fees unless the company clearly discloses that its service isn’t a substitute for a law firm.

Simply selling legal forms doesn’t constitute the practice of law. LegalZoom can only provide an online form service that allows consumers to choose and complete their own legal documents, explained Consumer Protection Division Chief Doug Walsh.

The agreement filed today in Thurston County Superior Court also prohibits LegalZoom from engaging in the unauthorized practice of law, selling personal information obtained from Washington customers or misrepresenting the benefits of any estate distribution document.

Additionally, the agreement requires LegalZoom to ensure any forms sold to Washington consumers comply with local laws. Walsh said the Attorney General’s Office was concerned LegalZoom’s estate planning documents weren’t sufficient for all Washington state residents. […]

2016-12-13T20:33:48-08:00September 17th, 2010|Estate Planning|

In Using Software to Write a Will, a Lawyer Is Still Helpful

New York Times:  “I drafted my will four times this week — not because I was obsessed with the macabre, but because I wanted to test how computer-generated wills would fare under human scrutiny. . . . But even though they seemed easy to draft, I still needed a lawyer to help decode some seemingly standard clauses and their consequences in my home state of New York.”

2011-05-18T08:44:38-07:00September 15th, 2010|Estate Planning|

Invalid NFA Trusts: Myth or Reality

Prince Law Offices, P.C.:  “Unfortunately, the answer is that numerous individuals are submitting invalid trusts for the purchase of NFA firearms. In a current article of Small Arms Review (SAR), Vol 14, No. 1 , the National Firearms Act Trade & Collectors Association (NFATCA) reports that, “Virtually four out of five trusts get bumped back because it was simply an improper trust.” The NFATCA is not a law firm, does not refer members to any NFA Trust attorney, and does not receive any form of benefit from telling the readership that it is imperative that they seek proper counsel.”

2016-12-13T20:33:48-08:00September 12th, 2010|Gun Trusts|

A Kafkaesque Estate and Bracing for the 2011 Tax Uncuts

Wealth Strategies published a two-in-one article.  The first topic is about the estate of novelist Frank Kafka: “If Franz Kafka were writing a short story about an estate, it would undoubtedly have featured his signature themes of autobiographic reflections, alienation, and betrayal while caught in the teeth of a pointless and irrational bureaucratic nightmare.”

The second topic is about the problems to be created by the expiration of the Bush tax cuts.   “Behold and beware: Ancient CPAs and tax attorneys foretell of a perilous time at the End of Days…otherwise known colloquially as the expiration of the Bush tax cuts on January 1, 2011.”

2017-10-07T11:13:35-07:00September 12th, 2010|Estate Fights, Estate Tax|

Trust Decanting: An Overview and Introduction to Creative Planning Opportunities

The authors of “Trust Decanting:  An Overview and Introduction to Creative Planning Opportunities” summary of their article states, “Since New York enacted the first ‘trust decanting' statute in 1992, nine other states likewise have provided trustees authority to ‘decant' the property of one trust into another trust.  In this Article, the authors provide an overview of the techniques involved with the decanting process and the opportunities these statutes provide trustees.”

2016-12-13T20:33:48-08:00September 7th, 2010|Estate Planning|

Why Tempt Fate by Making a Will?

Studies show that more than 70% of American adults do not have a will that disposes of their property after death.  One of the primary reasons is procrastination.  A lot of people want a will, but put off getting it on the theory that their inevitable death will be later rather than sooner.  Another reason people do not create a will is because of they fear that having a will some how hastens death.

2017-10-07T11:13:35-07:00September 7th, 2010|Estate Planning|

The Case Against Do-It-Yourself Wills

Forbes:  “A will is one of the most important financial planning documents, especially as you move toward retirement. Yet an astonishing number of people of all ages still don't have one. . . . Why am I strenuously opposed to do-it-yourself wills?  There are just so many things that can go wrong–from the wording of the document, to the required formalities for how it must be signed and witnessed before it can be valid.”

2016-12-13T20:33:52-08:00September 7th, 2010|Estate Planning|

Business Succession Planning With the Four Levels of Ownership and Control

Wealth Strategies:  “Many family business owners struggle with business succession planning because they cannot envision a suitable way to divide their ownership and control among a diverse group of beneficiaries, some of whom are active in the business and some of whom are not. However, by recognizing that ownership and control actually consist of four separate component levels that can be divided differently among the beneficiaries, a family business owner can more easily conceive of a succession plan that rationally assigns leadership and management powers while equitably allocating the economic benefits of the business.”

2017-10-07T11:13:35-07:00September 2nd, 2010|Estate Planning|

2010 is the Year to Throw Momma From Her Private Jet–Not From the Train

Forbes:  “Any Momma who would ride the rails . . . probably isn’t worth shoving to a grisly demise.  It’s the Mommas flying on their private jets who need to pack parachutes or watch their backs. Without a doubt, the one- year lapse in the federal estate is a boon to heirs of the superrich. . . . But for ordinary families, it is creating all sorts of grief and unintended consequences and might even cost some of them extra federal tax, to say nothing of lawyers’ bills.”

2016-12-13T20:33:52-08:00August 26th, 2010|Estate Planning|

The Sad Story of How 88 Year Old Marie Long Went from Millionaire to Pauper

Laurie Roberts, an Arizona Republic columnist, has written a series of articles about how an 88 year old woman named Marie Long went from having $1,3 million in 2005 to having nothing.  Most of her money went to attorneys and care givers with the approval of the Maricopa County Probate Court.  See Laurie's previous posts on this subject:

2012-01-04T05:45:48-08:00August 25th, 2010|Estate Fights|
Go to Top