Can I legally provide a generic WILL form to my life and health insurance customers?

Question

I sell insurance and occassionally will come across someone without a will. Can I legally provide them with a generic document that they can fill out and have on hand? There are dozens of websites that sell them, so I wanted to see if I could do this without it being a hassle or big deal. (State of Tennessee)

Answer 1

Yes you can but it really isn't worth it as eventually someone will sue you because they needed something more complex. I can tell you that anything percieved as remotely offering legal advice will be beyond the scope of your life license.

The best hedge against liability would be to bounce it off your compliance and conduct department with whateve company you hold your licence through.

A better technique would be to tell them about a website or a resopurce where they could get a generic will and then have them sign a disclosure statement. That way you didn't hand it to them and they signed a disclosure indicating they understgand you are not providing legal advice and that they should consult a lawyer for any qquestions regarding ...etc. etc

Answer 2

No, you could be charged with "practicing law without a license". Just tell the people they need to see a lawyer for a proper will. It doesn't cost that much to certain everything is correct for their situation and what state they live in.

Answer 3

How about developing relationships with a few good lawyers who are convenient to your clients?  Your clients may have needs that a generic will cannot take care of, like a trust for minor children or special needs children.  Plus over time, a referral relationship will have its own rewards.  

If you want to walk the line, call your company's legal department and ask them about distributing specimen documents.

Answer 4

How much value do you place on your license?

Elliot Spitzer ring a bell?  How about Mike Nyfong?  Lawyers, especially corrupt Democrats, can use the power of the government to crush you.

If you have a habit of donating to Republicans, you can find yourself on the receiving end of an investigation.  Elliot Spitzer successfully ended on donor's position.  Nothing was wrong on the part of the Republican, but Spitzer did not care.  Nyfong knew the Duke Lacrosse Team members were innocent, yet he went ahead.

DO NOT underestimate the moral corruption of the Democrats elected to public office.

Second point:  Asset protection.  

If a lawyer says a person filled out the form incorrectly, do you believe the estate of the decedent will delay in filing suit against you?

Do you own you own home?   Want that lawyer to seize it?

Buddy, why not let the person get his own.  My recommendation:  Let the client get the form from anywhere he desires...but have NO legal nexus between the form and you.

Life insurance salesmen are some of the most willingly helpful people in the country (if not the world).  Please don't let a scum-sucking attorney take your wealth to finance his vacation.