The TFN Inter-Networking Service Protocol© (INSP) is a multi-disciplinary estate planning service system that integrates the knowledge, experience, and serviceability of financial and legal professionals for client utilization upon a secure 128K encrypted Internet platform. The effect of integrating professional estate-planning services from qualified providers through a virtual online network enables end-user clients to acquire state-specific estate planning products and support services conveniently bundled in a safe processing environment. Through the INSP, end-user clients are able to obtain plan implementation and administrative services, and thus ensure the ultimate realization of their ongoing estate-planning objectives. The INSP is neither a statutory partnership nor a contractual arrangement as the protocol is effectively non-binding between the participants. All participants work independently of each other and may discontinue their respective services to INSP clients at any time without cause (unless otherwise previously contracted).
Representations / Services of Participant Providers –
1. Independent Business Affiliate (IBA) – are licensed users of the INSP platform currently in the business of offering financial products and/or financial advisory services independent of the INSP. The IBA may present basic estate planning information and planning options to his (her) client relative to the INSP, and guide the client through the initial data-gathering and plan-organizing activities. Relative to the INSP, the IBA’s business activities include helping the client [i] identify the potential need of an estate plan to help carry out financial goals and objectives, [ii] integrate optimal estate planning methods; [iii] implement effective income and transfer tax planning methods and [iv] secure efficient, cost-effective ways of transferring, controlling, and protecting family assets post-mortem.
2. Network Attorneys (NA) – as registered on the INSP Legal Network Registry – are licensed attorneys-at-law in good standing with their regulating State Bar Association. The NA is deemed [i] qualified to provide competent legal advice in the area of estate planning; [ii] capable of making suitability determinations relative to INSP or non-INSP estate-planning documents and formats; and, [iii] available to work with and assist the other INSP participants (as necessary) in an expedient and cost effective manner. The NA provides independent legal counsel services by initially accepting (or rejecting) the proposed client transaction as independent legal counsel for the client. If accepting, the NA then conducts an initial attorney/client fact-finding interview to make a pending determination of the proposed estate plan’s suitability for the client. The NA’s determination of the proposed plan’s suitability – or the selection and recommendation of an alternate plan – is required for the INSP transaction processing to continue and be presented for the INSP’s Drafting Attorneys and Processing Offices for construction. As independent legal counsel, the NA shall review the proposed estate plan documents constructed by INSP Drafting Attorney(s) to determine whether the estate plan is suitable and compliant under state law. The NA shall supervise and/or perform all editing procedures for the final draft completion, and oversee the delivery of client’s legal documents as client’s legal counsel.
3. Estate Plan Facilitators (EPF) – are a necessary part of INSP’s logistical support process without whom the full and proper implementation of clients’ estate plans would likely not be realized. Specially trained EPFs shall [i] assist clients with the final implementation & funding processes (under guidance of clients’ legal counselors) regarding their respective estate plans and verify all such funding/implementation work as required by the legal counsel of record. And, as may be appropriate, licensed EPFs may also [ii] make recommendations as to financial products and/or services that they may individually offer and/or point clients to certain financial services offered by independent vendors who are willing to provide (conservative) financial service offerings to INSP clients that may prove helpful in achieving financial, and well as estate planning, goals and objectives.
4. The Foundation Network (TFN) – provides estate-planning consultation, teaching, training, and back office support services to financial and legal professionals. TFN processing offices operate the INSP Internet service database and monitor all INSP activity to ensure client confidentiality, protocol compliance, transactional efficiency, and full implementation of INSP services. Through the INSP platform, TFN provides: [i] electronic data gathering and information re-allocation portals; [ii] seamless data integration among INSP providers and other supporting resource systems; [iii] administrative monitoring and control; and [iv] incremental back-office processing services via Drafting Attorneys offices, which are supported by the document assembly, publishing, and collation/shipping support of TFN Processing. TFN also provides ongoing training and field support services to all INSP parties, as needed, in conjunction with the INSP’s operating platform, product/service offering and technological development. Existing TFN products include attorney crafted, state-specific, autotext formatted documents for the online use by the INSP Network Attorneys.
TFN/INSP Procedural Activity Outline –
The following Procedural Activity Outline defines a 10-step protocol for the INSP service providers in helping end-user INSP clients meet their estate-planning goals and objectives:
1. Step 1 – IBA’s Contact with Client. The process begins when the IBA and a prospective client discuss possible estate-planning options and implementation procedures that may benefit the client, and consider whether estate-planning objectives may be best achieved by using a multi-faceted service platform – the INSP network. During this interview, the activities and roles of each party of the INSP are outlined to the client including:
1. (a) The functions of client-selected (or algorithm-selected) legal counsel who will [i] determine the legal applicability and suitability of any estate plan that may be proposed or chosen, and [ii] design and construct such plan as applicable; and,
2. (b) The support service of the IBA that is intended to provide the client with assistance in the funding and implementation of the estate plan under the auspices of client’s independent legal counsel.
2. Step 2 – IBA’s Data Gathering and Entry. If, after the initial discussion with the IBA, the client determines that he/she would like to utilize the services of the INSP, the IBA will begin the data collection and information processing work.
1. (a) The IBA shall enter the client’s name, address, phone number, email address, proposed estate plan format and other applicable information, into the TFN Online Data Questionnaire (CDQ) and submit the same to the INSP network server by “submitting” the CDQ.
2. (b) Upon the IBA’s online submission of the CDQ, the CDQ shall be transferred to either the “Accepting CDQs” status file or the “Interviewing CDQs” status file. If the IBA is classified as a CMS (Client Management Systems) IBA then the CDQ shall transfer to the Accepting CDQs file where the TFN’s CMS processing office will simultaneously receive an Alert e-Mail Notice signifying that the initial client data collection interview is to be conducted by a TFN/CMS office.
3. Step 3 – NA’s Acceptance (or Refusal). Upon receipt of the Alert e-Mail Notification from the INSP server, the NA shall initially review the client’s CDQ data (in the Interviewing CDQ file, below) to determine whether (or not) he/she will accept the client’s request to provide legal counsel services. Upon personal acceptance as client’s legal counsel, the NA may submit a Notice of Acceptance to the INSP – by sending a NotePad message in the client’s CDQ file – indicating that he has agreed to act as the client’s independent legal counsel per the proposed estate plan.
1. (a) Failure by the NA to indicate acceptance (or refusal) as legal counsel within a 72-hour time-frame may be deemed by TFN Admin offices as a default refusal by the NA to accept the client engagement.
2. (b) The NA may decline the offer to serve as the client’s legal counsel because of, but not limited to, the NA’s perception that no appropriate estate plan format is available to the client through the INSP.
3. (c) If the NA declines to serve as client’s legal counsel, then a Notice of Declination is to be submitted by the NA on that particular client’s CDQ NotePad Ledger, which will serve as an e-Mail Notification message to all respective INSP parties stating the same.
4. (d) In the event of the NA’s declination notice, the TFN Administrative office shall contact the IBA and/or client to determine whether the client wants to select alternate legal counsel or otherwise discontinue the INSP estate-planning application process altogether.
4. Step 4 – NA’s Engagement and Client Interview. When the CDQ is submitted by the IBA from the Originated CDQ file (or by the TFN/CMS office from the Accepting CDQ file), it shall cascade to the Interviewing CDQ file. At this time, when the client’s CDQ is in the Interviewing CDQ file, the NA shall accept (or decline) the client’s request to provide client with legal counsel service and establish direct contact with the client by telephone (or in person) to conduct a confidential client interview to determine [i] the accuracy of the CDQ data, [ii] client’s estate planning needs and objectives, and [iii] which estate planning format would most suitable and effective in accomplishing client’s estate-planning goals.
1. (a) If, after interviewing the client, the NA makes a determination that the client does not need the proposed estate plan, or any other estate-planning format offered through the INSP, then the NA shall submit a Notice of Termination on that client’s CDQ NotePad Ledger. The NA’s termination notice will serve as an email message to the INSP parties stating that his determination that the client’s estate-planning needs cannot be properly served by any estate- planning format and/or service offered through the INSP in this case.
2. (b) If the NA submits a termination notice then the NA may, in his own discretion, invoice the client separately for the legal counsel that he provided to the client notwithstanding that no estate plan was provided to the client through the INSP. In such case, the NA may provide the client with estate-planning documents not offered through the INSP.
3. (c) If the NA chooses to provide the client with estate planning formats not offered on the INSP, in such case, then the NA shall [i] notify the INSP parties through the client CDQ NotePad Ledger concerning the separate transaction, and by such message [ii] authorize TFN to debit the NA’s account for a Platform User Fee in the amount of Three Hundred Dollars ($300). (In such case, the client shall receive a refund of any non-legal transaction fees that may have been processed from the client’s account).
5. Step 5 – NA’s Acceptance and (re)Submission of Client’s CDQ. After conducting the engagement interview with the client, the NA may make a determination that the proposed estate plan is suitable to meet client’s estate-planning objectives or choose an alternate plan for the client. Once the NA determines that a particular INSP estate planning format is applicable and suitable for the client, the NA shall then enter any additional data and/or edit existing data, as required. The NA’s determination of the proposed plan’s suitability as indicated on the completed CDQ – or the selection and recommendation of an alternate plan – shall be verified by the NA’s (re)submission of the client’s CDQ to indicate that TFN/INSP processing is to continue based on the submitted data.
1. (a) Upon the (re)submission of the CDQ for processing by the NA, the client’s account shall be automatically charged through the INSP’s “ACH” auto debit/credit system for the effective transaction fee (listed on the Client Order Form Page) and, from that transaction fee, all respective INSP parties shall be paid including the Network Attorney, the Drafting Attorney, TFN Processing (and the IBA Advisor – if applicable).
2. (b) Upon (re)submission of the client CDQ by the NA, changes can no longer be made on the CDQ by the NA. From that point forward, all communication between the INSP parties on the case must be documented through the CDQ Notepad Ledger. Any change requests sent by the NA through the NotePad Ledger will be incorporated into the client’s estate plan by the TFN Processing and/or the Drafting Attorney assigned to the case.
3. (c) If the final Transaction Fee is different than the effective Transaction Fee, then TFN shall credit or debit client’s account accordingly with notice. TFN retains the right to require (additional) fees for processing work that was not previously required by the effective Transaction Fee – such as initially preparing extra Realty Deed transfer documents for review, etc.
6. Step 6 – Document Creation and Upload. Upon the NA’s (re)submission of the client CDQ to indicate that it is ready to use for the preparation of all legal documents per the proposed estate plan, the assigned INSP Drafting Attorney will use the recommended formats with which to draft the trust and/or other appropriate document(s). The NA shall also supervise the placement and merging of any supporting ancillary documents that may be requested of TFN Processing to provide for the completion of the plan. Once completed, TFN Processing shall upload the trust draft and (any) other legal documents used for client’s estate plan to the INSP Internet server.
7. Step 7 – NA’s Review and Final Interview. When TFN Processing uploads client’s legal documents, the INSP server shall automatically send an Alert e-Mail Notification to the NA that he must now review the client’s documents ONLINE in conjunction with the client’s CDQ data. If the NA finds that the documents are crafted properly and comport to client’s estate planning goals and objectives per the CDQ entries, the NA shall notify the client relative to his final determination as to the client’s estate plan compatibility from both legal and statutory considerations.
1. (a) If the NA determines that the proposed plan requires additional or alternate stipulations to meet the client’s estate-planning goals, the NA may either [i] submit appropriate change requests by entries on the client’s CDQ NotePad Ledger regarding the proper plan format revisions and/or the inclusion of other stipulating provisions, or [ii] request that TFN Processing email the electronic documents to him so that he may personally edit the document(s) for final completion and send back to TFN Processing for final posting to the server.
2. (b) TFN Processing reserves the right to charge additional fees (above the effective Transactional Fee) to the client’s account, if necessary, to reflect additional attorney fees assessed because of further drafting work or subsequent deed work (etc.) not previously accounted for with assessed fees.
8. Step 8 – NA’s Final Plan Approval. After the NA has completed the client interview and the final document review/approval, the NA shall post a Final Approval Notice indicating that the client’s estate planning documents are now ready for implementation – by clicking the Approve Link in the client’s CDQ file.
9. Step 9 – EPF’s Delivery & Implementation. After the printing, collation, and assembly of the client’s Estate Planning Portfolio, TFN Processing will ship the Portfolio directly to the assigned EPF. The EPF shall provide assistance to the client, under directives from the NA, to help the client get the plan implemented and funded.
10. Step 10 – Confirmation of Delivery and Implementation. After the delivery and implementation meeting(s), the EPF’s office shall notify the NA through the CDQ NotePad Ledger that the entire implementation/facilitation process has been completed. The NA may confirm that all documents, including funding documents, have been properly executed by requesting that the signed documents be either uploaded to the server in the client’s CDQ file, or faxed directly to the NA. The NA may then contact the IBA, as well as the client, through the CDQ NotePad Ledger to verify that the case has been satisfactorily completed. After the implementation/funding meeting, the EPF’s office notifies the NA – preferably through the client NotePad – that the entire process has been completed. The NA may contact the EPF’s office, as well as the client, for verification that all applicable procedures have been completed.
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