Probate Services – Uncontested Estate (No Filing Fee) (discounted)

Vantage Probate Services Subscription Agreement

 

This Agreement may be executed in multiple counterparts by the parties hereto. All counterparts so executed shall constitute one agreement binding upon all parties, notwithstanding that all parties are not signatories to the original or the same counterpart. Each counterpart shall be deemed an original to this Agreement, all of which shall constitute one agreement to be valid as of the date of this Agreement. Documents executed, scanned and transmitted electronically and electronic signatures shall be deemed original signatures for purposes of this Agreement and all matters related thereto, with such scanned and electronic signatures having the same legal effect as original signatures. This Agreement, any other documents necessary for the consummation of the transactions contemplated by this Agreement may be accepted, executed or agreed to through the use of an electronic signature in accordance with the Electronic Signatures in Global and National Commerce Act (“E-Sign Act”), Title 15, United States Code, Sections 7001 et seq., the Uniform Electronic Transaction Act (“UETA”) and any applicable state law. Any document accepted, executed or agreed to in conformity with such laws will be binding on each party as if it were physically executed.

 

In consideration of the mutual promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:

 

1. PROJECT. Subscriber wished to obtain services solely  pertaining to a specific  probate matter including representation in probate of a will or administration of statutory rights of inheritance from a  deceased person, quiet title actions, land trust agreements or related disputes. 

 

Subscriber wishes Vantage to assign a Network Attorney (herein referred to as “Assigned Attorney”) to analyze Subscriber’s current Probate circumstances  and to provide professional advice and perform legal services for the benefit of Subscriber to, among  other things, identify potential options that may be available to Subscriber. Specifically, Assigned Attorney will assist Subscriber identifying and evaluating all legal strategies with respect to the estate  identified herein that, in its professional opinion, Assigned Attorney considers to be viable in Subscriber’s  circumstances and may impact some or all of Subscriber’s obligations to the holder of the promissory note or mortgage (or its disclosed agent) and/or to others who may assert claims against the Subscriber’s estate. 

 

For the purposes of this Agreement, Assigned Attorney shall be engaged to assist the Subscriber solely in probate. The term “probate” means legal services  rendered in order to: i) open an estate (testate, intestate or guardianship); ii) admit a decedent’s will to probate; iii) seek appointment of an administrator for an intestate estate; or iv) analyze or  enforce the terms of a living trust (revocable or irrevocable), transfer-on-death direction, land  trust or any other method through which title ownership of real property is sought to be changed  upon death. Vantage has no obligation to apply any fees paid to Vantage under this Agreement to any balance due to Vantage under a separate agreement under which  Subscriber  and Vantage agree in writing for other legal services for Subscriber. Subscriber understands that the term “Probate” as used in this Agreement extends to all of the strategies identified in the immediately preceding sentence.

 

Subscriber Agrees that subscription fees associated with contested and uncontested probate matters may differ. Vantage may, at its sole discretion, increase monthly due owed to Vantage by Subscriber if it determines a probate matter is contested.  

 

Unless otherwise provided in an Addendum or by another subscription agreement, Assigned Attorney shall not be engaged or otherwise obligated to render any legal services or consultation on any matter outside of the scope of this Agreement, including but not limited to producing and executing a new will or trust for the probated estate. 

 

1. REMUNERATION.  In complete and total consideration for the services rendered by Client under this Agreement, Client agrees to pay VANTAGE GROUP LEGAL SERVICES CORP (Herein referred to as “VANTAGE”, VANTAGE GROUP”, and/or “Company”) with all remittances made payable to “VANTAGE GROUP LEGAL SERVICES CORP”: 

 

(i) Initiation Fee: a Sign-up Fee in the amount indicated on the online order details upon signing; and 

(ii) Monthly Service Fee:  a Monthly Fee in the amount indicated on the Online Order Form on the day this Agreement is executed (upon signing) and thereafter throughout the term of this Agreement. Upon 15 days written notice to Client, Vantage Group may adjust the next Monthly Service Fee stated in this Agreement. Client may cancel this Agreement within 15 days of such notice from Vantage to adjust the Monthly Service Fee; otherwise the adjusted Monthly Service Fee shall replace the then current Monthly Service Fee.

1. COSTS. Vantage Group shall only be obligated to compensate Assigned Attorney(s) for their time as related to work performed. Subscriber agrees to pay all third-party expenses, including, but not limited to: filing fees, notice fees, court reporter fees, case related costs, experts and other fees as needed by Subscriber’s Assigned Attorney(s). 

Subscriber will pay for these expenses in full and in advance upon request by Vantage. VANTAGE HAS NO OBLIGATION TO ADVANCE OR PREPAY ANY COSTS, FEES, AND/OR EXPENSES ON BEHALF OF SUBSCRIBER. Subscriber has the sole and exclusive responsibility for any and all costs, fees and/or expenses related to the Subscriber’s Case. If Vantage pays any Costs, such payment shall not be deemed a waiver of Subscriber’s responsibility to pay those Costs or any future Costs pursuant to Agreement. All Costs are due immediately upon notice to Subscriber. 

1. Term of Agreement: Subscriber agrees to exclusively retain Vantage and no other group legal service plan for a Term of Agreement and for twelve (12) months thereafter. 

This Agreement shall automatically terminate under the following conditions:

1. At the conclusion of Subscriber’s probate matter.
2. Subscriber’s probate matter is dismissed for any reason. 
3. Vantage, at its sole discretion, provides written notice of cancellation of this Agreement.   
4. Subscriber requests to cancel this Agreement, subject to 30 days written notice provided to Vantage. 

With the exception of section D(3), none of the preceding shall occur under the circumstance wherein Vantage is owed money or if Subscriber is obligated by another provision of this Agreement. The initial term shall be for twelve (12) months (“Term”), subject to this Agreement. Term shall commence on the date first set forth above and shall automatically renew at the end of each Term for a six (6) month term, unless Subscriber tenders written notice of termination to Vantage at least thirty (30) days prior to the expiration of the then current Term. Subscriber may at any time terminate this Agreement with the tendering of thirty (30) day advance written notice to Vantage. Vantage may at any time for any reason terminate this Agreement with the tendering of thirty (30) day advance written notice. Subscriber’s retention of Vantage shall not commence nor be effective until Vantage has signed and dated copy of this Agreement and received the Initiation Fee and Monthly Service Fee(s) set forth in Section B(i) and B(ii) above. 

1. Conditions and Stipulations: This contract is subject to the Conditions and Stipulations set forth on the following pages, which Conditions and Stipulations are made a part of this contract. 
2. Disclosure: Company does have Members, Managers, Employees, Contractors and Agents that are licensed Illinois Real Estate Brokers and/or licensed Illinois attorneys. 

IN WITNESS WHEREOF, the parties have signed and entered into this Agreement on the date that first appears above. The prevailing language to negotiate to and agree to the terms set in Agreement, have been American English. THE Subscriber(S) HAVE FULL AUTHORITY TO EXECUTE THIS AGREEMENT. No agreements have been made that interfere, conflict, modify and/or supersede Agreement from its original printed format. All Subscribers have read, consulted with, and acknowledged all the terms set forth in Agreement and by signing below promises, warrants and guarantees to abide by Agreement. 

CONDITIONS AND STIPULATIONS 

1. ATTORNEY. 

1.1 RETENTION: Vantage agrees to provide access to an attorney licensed as approved by Vantage regarding Subscriber’s Case (referred to as the “Assigned Attorney”). The services provided by the Assigned Attorney shall be limited to Section A (Project) of this Agreement. Subscriber understands and agrees that Vantage shall pay Assigned Attorney for Subscriber’s representation, regarding Case. Subscriber understands and agrees if Subscriber does not pay the Remuneration as agreed, or is in default of any responsibilities in this Agreement, Vantage may immediately stop any and all services and/or payments to Assigned Attorney and/or other third party(s), and Assigned Attorney may withdraw as counsel for Subscriber. Any services, costs, fees and/or expenses incurred for Subscriber’s Case are the responsibility of Subscriber pursuant to Agreement. 

1.2 MANAGEMENT: Vantage does not, and cannot, take responsibility for the engagement of Assigned Attorney. The Assigned Attorney-Subscriber relationship with any Assigned Attorney is solely between Subscriber and the Assigned Attorney engaged. Vantage is not being represented by Assigned Attorney in the Case. Vantage does not interfere with the Assigned Attorney’s independence of professional judgment. 

1.3 RESULTS: Subscriber UNDERSTANDS AND AGREES THAT VANTAGE AND ASSIGNED ATTORNEY HAVE NOT PROMISED OR GUARANTEED, IN ANY WAY, ANY RESULTS TO Subscriber. When defending Subscriber’s rights in Case, Subscriber may be ordered to forfeit Subscriber’s Property and be forced to move from Subscriber’s Property. Other results may also occur based upon the unique situation of each Subscriber’s Case. Results for other Vantage Subscribers are not indicative of results for Subscriber. Subscriber understands and agrees that any statement, information, results, processes, promises and/or arrangements made by any party other than Vantage, shall not be deemed as a statement, practice and/or promise by Vantage and Vantage expressly nullifies any such information, promise and/or arrangement. 

2. LITIGATION CONSULTING SERVICES. 

2.1 SERVICES: Vantage shall provide Litigation Consulting Services to Assigned Attorney and Subscriber’s Case pursuant to Illinois Supreme Court Rule 201(b)(3) and this Agreement. Subscriber hereby authorizes Vantage to have access to all documents and data for Subscriber and Case, and Vantage shall maintain document and data as confidential, and only for the use of Vantage and Subscriber.

 

2.2 ATTORNEY: Subscriber agrees to allow Vantage to obtain information relevant to Case from Assigned Attorney and/or any third party. Subscriber shall execute any necessary documents to allow access and negotiation regarding this information. Subscriber shall be truthful in all discussions with Vantage and its Assigned Attorney and provide all information or documentation enabling Assigned Attorney to provide competent legal representation. If Subscriber withholds information or fails to respond to information requests, Vantage may terminate Agreement, and Assigned Attorney may withdraw its representation to Subscriber. Upon Subscriber’s default of any part of Agreement, Vantage has the right to immediately terminate Agreement and stop all payments of any kind and all of its services without notice to Subscriber. 

3. OMITTED
4. FEES. 

4.1 DEFAULT: If Subscriber is in default of Agreement, Vantage has no responsibilities, under Agreement. Subscriber holds Vantage harmless for any claims if Subscriber is in default of Agreement. 

4.2 PAYMENT AUTHORIZATION: Subscriber agrees to allow Vantage and Subscriber hereby authorizes Vantage to automatically withdraw the Monthly Service Fee from a bank account, accounts, and/or charge upon a credit or debit card, provided by Subscriber at any time, unless paid by Subscriber in full and cleared funds, prior to the due date. Vantage shall debit the Monthly Service Fee on or around the Commencement Date stated above and the Monthly Recurring Fee stated above every 30 or 31 days on Subscribers payment cycle thereafter for the duration of the Agreement. Subscriber agrees that Vantage is not responsible for any late-fees, overdraft fees, or other charges upon Subscriber’s account for the withdrawal of funds or the charging of a credit or debit card for the Monthly Service Fee. Subscriber shall immediately reimburse Vantage, for any charges incurred by Vantage for collections, including but not limited to: non-sufficient funds, charge-backs, declines, account closed, collection efforts, legal fees and related costs, fees and/or expenses, as it is related to any monies owed to Vantage. Subscriber hereby acknowledges and authorizes Vantage to use any means available to collect any unpaid balances owed by Subscriber. 

4.3 OMITTED

4.4 OMITTED

4.5 OMITTED

4.6 COLLECTION: ALL AMOUNTS OWED TO VANTAGE NOT PAID TIMELY SHALL ACCRUE INTEREST AT THE RATE OF 9% PER ANNUM (00.75% PER MONTH) AFTER DUE DATE UNTIL PAID IN FULL. Subscriber agrees to pay any and all reasonable attorney’s fees, court costs and any other fees incurred by Vantage in any collection proceedings for the non-payment of the Monthly Service Fee and/or Costs. 

5. RESTRICTIVE COVENANTS. 

5.1 EMPLOYEES: Subscriber shall not, during the term of this Agreement and for two (2) years after termination of this Agreement for any reason, directly or indirectly: (i) encourage any employee of Vantage or its successors in interest to leave their employment with Vantage or its successors in interest; or (ii) employ, hire, solicit or cause to be employed or hired or solicited (other than by Vantage or its successors in interest), or establish a business with, or encourage others to hire, any person who was employed by Vantage or its successors in interest at any time during the term of this Agreement or the Assigned Attorney. 

5.2 NO INTERFERENCE COVENANT: Subscriber agrees that at all times he or she will not distract, damage, impair and/or reduce Vantage’s business in any manner. Subscriber shall not act in opposition of Vantage’s business. Subscriber agrees to be loyal to Vantage. Subscriber hereby agrees not to circumvent any payments to Vantage. 

5.3 NON-DISPARAGEMENT: Subscriber agrees now, and after this Agreement terminates with Vantage, not to disparage or defame Vantage and/or Vantage’s: managers, members, officers, Subscribers, customers, vendors, and/or affiliates, in any respect or to make any derogatory comments, whether written or oral, regarding Vantage or its current or former officers, directors, employees, attorneys, agents, or contracting parties, and its business, affairs, and/or operations. 

5.4 ILLEGAL ACTIVITIES: Subscriber will not request Vantage or Assigned Attorney to engage in any illegal, unethical, or fraudulent conduct. If Vantage or Assigned Attorney determines Subscriber has acted or failed to act in a manner which results in illegal, unethical, or fraudulent conduct, Vantage may terminate this Agreement without notice. 

5.5 DISCLOSURE: Subscriber agrees that it will not disclose this Agreement to any party without the other party’s consent.

6. SURVIVAL OF UNDERTAKINGS AND INJUNCTIVE RELIEF. 

6.1 SURVIVAL: The provisions of Section 5 shall survive the termination of the term of this Agreement irrespective of the reasons therefore. 

6.2 ACKNOWLEDGMENT: Subscriber acknowledges and agrees that the restrictions imposed upon Subscriber by Section 5 and the purpose for such restrictions are reasonable and are designed to protect the trade secrets, confidential and proprietary business information and the continued success of Vantage without unduly restricting Subscriber’s future practice of his/her profession. Furthermore, Subscriber acknowledges that in view of the trade secrets which he/she has or will acquire or has or will have access to and the necessity of the restrictions contained in Section 5, any violation of any provision of Section 5 hereof would cause irreparable injury to Vantage and its successors in interest with respect to the resulting disruption in their operations. By reason of the foregoing, Subscriber consents and agrees that if he/she violates any of the provisions of Section 5, Vantage and its successors in interest as the case may be, shall be entitled, in addition to any other remedies that they may have, including money damages, to an injunction to be issued by a court of competent jurisdiction, restraining Subscriber from committing or continuing any violation of such sections of this Agreement. In the event of any such breach of the provisions of Section 5, Subscriber further agrees that the time periods set forth in such sections shall be extended by the period of such breach. 

7. REMEDIES. 

7.1 RELEASE AND INDEMNIFICATION: Subscriber shall at point of first notice, indemnify, defend and hold harmless Vantage, its subsidiaries, divisions, affiliates, directors, Subscribers, shareholders, employees, agents, representatives, successors and assigns, from any loss, cost, claim or action (including attorneys’ fees and costs) brought against Vantage by any Subscriber and/or third party, where said loss, cost, claim, allegation or demand arises from any negligent act or omission or intentional misconduct of Subscriber related to the services provided to Vantage under this Agreement. 

7.2 DAMAGES: Vantage shall not be liable to Subscriber for any special, incidental, punitive, indirect and/or consequential damages arising out of or in connection with any cause of action arising in regard to the Project and/or this Agreement. 

8. COMMUNICATION. Only Subscriber, and/or Assigned Attorney, may contact Vantage. Vantage will not communicate to any other third party on behalf of Subscriber, as Vantage shall communicate only with Subscriber and Assigned Attorney to protect the privacy of Subscriber, unless otherwise agreed to or Vantage is acting on behalf of Subscriber under the instructions of Subscriber and Assigned Attorney within the law. Subscriber shall notify Vantage and the Assigned Attorney in writing of any change of Subscriber’s contact information. 
9. MEDIATION. Except as to any action initiated by Vantage for the collection of any fees and/or costs due hereunder: Subscriber and Vantage (hereinafter “Parties”, each individually hereinafter, “party”) agree that, before resorting to any formal dispute resolution process (including any legal proceeding) concerning any dispute, claim, or controversy arising out of or in any way relating to this Agreement, they will use their best endeavors to settle such dispute, claim or controversy by negotiating with each other in good faith. To this end the Parties with full authority to settle the dispute shall negotiate and consult with each other in an effort to find a just and equitable resolution that serves their respective and mutual interests, including their continuing professional relationship. 

(a) The complaining party must give the other party written notice of any dispute, claim, or controversy (the “Notice”). Unless otherwise agreed in writing, the responding party shall have 15 business days after receipt of the Notice to submit a written response to the complaining party. Written documents, exchanged between the parties, should include, but not be limited to, the following: 1) Statement of position; 2) Summary of arguments, facts and any documents (photos, written correspondence, etc.) that support each party’s position, (summary not to exceed 20 pages); 3) Names and titles of the party principals who will represent each party in negotiations; and 4) Names and titles of all others participating in the negotiation. 

(b) Unless otherwise agreed in writing, the party representatives shall meet at a mutually acceptable location within 30 business days after receipt of the Notice. The parties shall have 48 hours to complete the negotiation. Party representatives agree to document any and all resolutions or partial resolutions to the dispute in writing and sign and date the document. 

(c) If the parties are unable to completely resolve the dispute through negotiation, or if the responding party fails to respond to the complaining party’s Notice within 15 business days, the parties agree to mediate their disputes at ADR Systems. 

(d) The mediation will be administered by ADR Systems and the ADR Systems Commercial Fee Schedule in effect at the time of filing the request for mediation. Either party may file a written request for mediation with ADR Systems no sooner than 48 hours after the close of negotiations and no more than 30 days after the close of negotiations. The parties’ covenant that they shall participate in the mediation in good faith and that they will share equally in the costs. The parties will cooperate with ADR Systems and each other in the selection of the mediator and the scheduling of the mediation within 14 days from the date of submitting the dispute to mediation. The date of the mediation session must be within 60 days from the date of initiation of the mediation. 

(e) If at the conclusion of the mediation, or, if no mediation is conducted, 45 days after the date of the request for mediation, the parties have not completely resolved the dispute, the parties agree to proceed to binding arbitration administered by ADR Systems. The arbitration hearing will be conducted in accordance with the ADR Systems Rules of Commercial Arbitration and the ADR Systems Commercial Fee Schedule in effect at the time of filing the demand for arbitration. Either party may commence the arbitration by filing a written demand for arbitration with ADR Systems along with the requisite filing fee. The parties’ covenant that they shall participate in the arbitration in good faith and that they will share equally in the costs. The arbitration will take place in [desired location], before [one or three] arbitrators selected from ADR Systems Commercial Panel. The award rendered by the arbitrator(s) is final and binding, and may be entered into any court or tribunal having jurisdiction thereof. Any court of competent jurisdiction may enforce the provisions of this paragraph. The party seeking enforcement is entitled to an award of all costs, fees and expenses, including attorney’s fees, to be paid by the party against whom enforcement is ordered. ADR Systems may be contacted at (800) 423-7010; Attention: Commercial Case Manager to assist with any questions regarding the arbitration process. 

10. ENFORCEMENT. The failure of VANTAGE at any time, to require performance under the provision of this Agreement shall not affect the right to enforce the same. No waiver by VANTAGE of any condition or breach of any term, covenant, representation or warranty of Agreement whether by conduct or otherwise in any one or more instances, shall be deemed to be or construed as a further continuing waiver of any such condition or breach. 
11. GOVERNING LAW. This Agreement shall be construed pursuant to the laws of the State of Illinois. The state and federal courts located in the city of Chicago, Illinois, is the chosen forum for any disputes which the parties cannot resolve among themselves. All parties consent and agree that Illinois courts shall have personal jurisdiction over them in respect to all disputes based hereon, or arising out of, under or in connection with this Agreement and all parties agree to comply with all requirements necessary to grant jurisdiction in the courts of the State of Illinois located in Cook County. Any of Vantage’s legal fees, including, but not limited to attorneys’ fees, court and/or related costs and expenses resulting from the Vantage’s enforcement of this Agreement shall be paid and/or reimbursed by Subscriber. 
12. RULE OF CONSTRUCTION. The parties agree that each party and its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or any amendments or exhibits thereto. 
13. NOTICES. Except as otherwise expressly provided for herein, all notices from Vantage shall be in writing and shall be either hand delivered, emailed and/or by mail courier (FedEx, DHL, UPS and/or US Postal Service). All notices from Subscriber shall be in writing and shall be mailed by courier: FedEx, DHL, UPS and/or US Postal Service. Any notice from Subscriber to Vantage must have delivery notification proof. 
14. ASSIGNMENT. Vantage may assign its rights, interest and/or obligations under this Agreement without Subscriber’s prior consent to any entity which may be a successor to Vantage in any form or conduct. 

Neither this Agreement nor any right or interest hereunder shall be assignable by Subscriber. 

15. SUCCESSION. This Agreement contains the final and entire understanding of the parties hereto with respect to the subject matter hereof and no amendment, modification or alteration of the terms hereof shall be binding unless the same shall be executed in writing, dated subsequent to the date hereof and duly executed by each party hereto. Vantage shall be able to amend this Agreement with fifteen (15) day written notice to Subscriber. 
16. SEVERABILITY. If any provision or term of this Agreement is found to be invalid, void or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired or invalidated. 
17. HEADINGS. Titles to Sections are for informational purposes only. 
18. COUNTERPARTS. This Agreement may be executed simultaneously in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument.

 

This Agreement may be executed in multiple counterparts by the parties hereto. All counterparts so executed shall constitute one agreement binding upon all parties, notwithstanding that all parties are not signatories to the original or the same counterpart. Each counterpart shall be deemed an original to this Agreement, all of which shall constitute one agreement to be valid as of the date of this Agreement. Documents executed, scanned and transmitted electronically and electronic signatures shall be deemed original signatures for purposes of this Agreement and all matters related thereto, with such scanned and electronic signatures having the same legal effect as original signatures. This Agreement, any other documents necessary for the consummation of the transactions contemplated by this Agreement may be accepted, executed or agreed to through the use of an electronic signature in accordance with the Electronic Signatures in Global and National Commerce Act (“E-Sign Act”), Title 15, United States Code, Sections 7001 et seq., the Uniform Electronic Transaction Act (“UETA”) and any applicable state law. Any document accepted, executed or agreed to in conformity with such laws will be binding on each party as if it were physically executed.

 

In consideration of the mutual promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 

1. Remuneration. In complete and total consideration for the services rendered by Client under this Agreement, Client agrees to pay VANTAGE GROUP LEGAL SERVICES CORP (Herein referred to as “VANTAGE”, VANTAGE GROUP”, and/or “Company”) with all remittances made payable to “VANTAGE GROUP LEGAL SERVICES CORP”: 

(i) Initiation Fee: a Sign-up Fee in the amount indicated on the online order details upon signing; and 

(ii) Monthly Service Fee:  a Monthly Fee in the amount indicated on the Online Order Form on the day this Agreement is executed (upon signing) and thereafter throughout the term of this Agreement. Upon 15 days written notice to Client, Vantage Group may adjust the next Monthly Service Fee stated in this Agreement. Client may cancel this Agreement within 15 days of such notice from Vantage to adjust the Monthly Service Fee; otherwise the adjusted Monthly Service Fee shall replace the then current Monthly Service Fee.