Michigan Estate Planning Attorney

What Does an Estate Planning Attorney Do?

An estate planning attorney designs the legal documents that decide who makes your financial and medical decisions if you can't, and who receives your home and savings when you die. The attorney also makes sure those documents will hold up under Michigan law when your family needs them.

That's the short version. In practice, the job has five parts.

The Five Parts of an Estate Planning Attorney's Job

1. Find out what your plan has to do

Every plan starts with questions, not documents. Who are you protecting? What do you own: a home, retirement accounts, a cottage, a business? Is anyone in the family likely to need care, or to need protecting from their own spending? At Rutkowski Law Firm, this is the Vision Consultation, and it's where you find out what you need and what it will cost.

2. Recommend the right structure

The attorney decides which tools fit your family. That might be a will or a living trust (also called a revocable trust), a Lady Bird deed on the house, or an irrevocable trust if protecting savings from nursing home costs is a priority. Not sure whether you need a will or a trust? Start with will vs. trust in Michigan.

3. Draft the documents

A typical Michigan plan includes:

• A will or living trust, or both
• A durable power of attorney for your finances
• A patient advocate designation, Michigan's version of a medical power of attorney
• A living will stating your wishes for end-of-life care
• A HIPAA authorization, so your family can talk to your doctors

4. Make sure the signing is valid

Michigan has specific rules for how each document is signed, witnessed or notarized. A document that's signed the wrong way can be challenged or rejected when your family tries to use it. The attorney's team runs the signing so it's done correctly the first time.

5. Fund the trust

This is the step many firms leave to you. A living trust only avoids probate if your home and accounts are actually in it. That means retitling accounts, updating beneficiary designations and recording a new deed with the county Register of Deeds. At Rutkowski Law Firm, our team does that work and confirms in writing that your plan is done. Read what happens when a trust is never funded.

Estate Attorney, Estate Planning Attorney or Estate Planner?

These titles get used loosely, and they don't mean the same thing.

• Estate planning attorney. Works with you while you're alive to build a plan, so your family avoids court as much as possible.
• Estate attorney or probate attorney. Often means the lawyer who handles an estate in probate court after someone dies. Rutkowski Law Firm does this work too.
• Estate planner. A title some financial advisors and insurance agents use. They can help with investments and insurance, but only a licensed attorney can draft your legal documents and advise you on Michigan law.
• Elder law attorney. Focuses on aging: long-term care, Medicaid planning and guardianship. Rutkowski Law Firm's practice covers estate planning, elder law and Medicaid planning, so one team plans for both.

What an Estate Planning Attorney Doesn't Do

An estate planning attorney doesn't manage your investments or sell you insurance. A good one will work with the people who do. Rutkowski Law Firm coordinates with your CPA and financial advisor so your estate plan and your money are moving in the same direction.

Who Does the Work at Rutkowski Law Firm

Your plan is handled by a team, not one attorney's calendar. Our attorneys and paralegals, led by founding attorney Michael L. Rutkowski, design and draft your plan. Our Customer Success team answers your questions during office hours, and your client portal shows which step your plan is on. If one person is out, your plan doesn't stop.

You can meet in person at our Troy or Rochester office, or do the whole plan by secure video from anywhere in Michigan.

What It Costs

Every plan is one flat fee, quoted at your Vision Consultation before you decide anything. The fee covers the design, the signing and the funding. See what an estate plan costs in Michigan and what changes the price.

Next Step

Schedule a Vision Consultation or call 248-792-9193. If you're still comparing firms, read how to choose an estate planning attorney.