FAQ - Estate Planning

Patricia E. Kefalas Dudek

Advocate for Elders, People
with Disabilities
and Their Families

Frequently Asked Questions - Estate Planning

We are teachers and advocates, and as a part of that process we frequently answer questions from our clients -- so we started collecting our Frequently Asked Questions. We are collecting and sharing them with you by topic and hope these are helpful to you.

Please feel free to email Patti at pdudek@pekdadvocacy.com if you have a follow up question or comment. We'd also like you to let us know what you think of this new feature of our website.

KEEP IN MIND THESE ARE GENERAL QUESTIONS AND CANNOT BE CONSIDERED LEGAL ADVICE OR THE BEGINNING OF THE ATTORNEY-CLIENT RELATIONSHIP.

We have redacted names to protect the innocent! Sometimes they are posed in a give and take format because they were developed through an email exchange.

(Note: questions are not edited for spelling, grammar or content.)

FAQ links: • Index • Aging • Disabilities • Estate Planning • Financial • Medicaid • Misc. • Pooled Account Trusts • Real Estate • Public Benefits
• Special Education • Special Needs Trusts

Home Page

Legal Links
(Related to my
practice areas)

Estate Planning and Probate Matters:

Question: Client's mother worked for GM. Mother dies, client finds out mother never claimed about 23 years worth of her pension. Can the heirs, after opening an Estate, take the unclaimed years of the pension? Is there a statute of limitations?

Answer: A resource that might have some answers would be Elderlaw Of Michigan in Lansing which houses the statewide Legal Hotline for Michigan Seniors and the Mid-American Pension Rights Project which specializes in Pension issues. Toll free number for the Pension Rights Project is 1-866-735-7737. Link to Pension Information.

Question: How much would a "basic" estate plan cost?

Answer: We do not provide standard prices for our estate planning documents, as each document and the needs of every client is different. Further, we do not provide free initial consultations, as our initial meetings address our prospective clients needs in depth and address areas not covered by standard estate planning practitioners.

My hourly rate is $300, but I use paralegals with lower hourly rates for most of the work. We can usually do an estate plan consisting of a Will, General Durable Power of Attorney, Patient Advocate Designation and HIPAA authorization for $2,000 or less. If we prepare a Revocable Living Trust as well, the cost increases to over $3,000

The cost to probate an estate is usually over $3,000, so you can pay now or pay later! See the following documents for more info:

Estate Planning Outline
Notice of Fees - Estate Planning
Retainer Agreement - Estate Planning

The following exchange is from one of the groups to which I belong regarding probate matters:

Question: Doin an estate admin. Deceased passed away on 12-31-2009. Last week the Trustee received a Social Security check in the mail. Check is dated for 12-31-2009 (date of death). Are those funds the property of the estate?

Answer: I cut and pasted the following from http://ssa-custhelp.ssa.gov. (From their question and answer section).
"My mother, a widow, died in late April. Social Security tells me that I must return her April benefit (paid in May) even though she was alive most of the month. Why is this? Social Security benefits are not pro-rated. To be entitled to a Social Security benefit check for a given month, the person must be alive the entire month. No benefit is payable for the month of death. This provision has been in the law since 1939 and can be changed only by an amendment to the Social Security Act. The legislative history of this provision does not show why benefits are not payable for the month of death. However, the provision complements the provision of the law that allows us to pay survivors benefits for the entire month of death. You can return the check to your local Social Security office. If the payment is made by direct depost, the U.S. Treasury will automatically debit the bank account."
Hope it helps.