Practice Areas
Estate Planning
Wills, trusts, powers of attorney — and the careful planning that ties them together. Estate planning is not one-size-fits-all. We design plans that fit your family.
The Right Documents
Confused about which document does what?
Living trust, revocable trust, irrevocable trust, will, living will, power of attorney, medical power of attorney — every one plays a role in an effective estate plan. Careful skill is required to choose the documents that fit your family goals, your assets, and your estate.
Last Will & Testament
Revocable Living Trust
Irrevocable Trust
Living Will
Durable Power of Attorney
Medical Power of Attorney
Wills vs. Trusts
The roadmap — and the safety net.
Estate planning is not only about distributing your assets — it's about who decides for you if you can't. We design plans that handle both.
01
A Will tells the probate court what to do
A Will doesn't avoid probate — it provides instructions to the probate court for dividing and distributing your estate, and only takes effect once admitted. Used carefully, it can still be a highly effective tool.
02
A Trust controls assets that are funded to it
A properly designed and funded trust can avoid probate and let you control distribution over time — protecting loved ones from unwise spending and poor decisions. An improperly funded trust will not accomplish your goals.
03
A plan also protects you while living
Most people focus on probate at death and forget the risk of being 'probated' during life if they become disabled. Durable and medical powers of attorney are the cornerstone of a complete plan.
Not Everyone Needs a Trust
Practical planning that fits your goals.
Despite the popularity of trusts, not every family needs one. Working with an attorney skilled in estate planning, we use practical procedures that avoid probate, maintain control, and balance flexibility — and we help you choose the method that's best for you.
Tools we use
"Ladybird" deeds Beneficiary designations Asset titling techniques Joint ownership planning Pay-on-death accounts
Looking Ahead
Proper planning avoids probate while leaving room for future long-term care planning — so you don't waste assets on unnecessary spend-down later.
FAQ
Frequently asked questions
No. A Last Will and Testament does not avoid probate. A Will simply tells the probate court how to divide and distribute your estate, and only takes effect once it is admitted to probate. It also may not control jointly owned assets or assets with named beneficiaries.
Schedule a Consultation
Build the right plan for your family.
Tell us about your goals. A Michigan estate planning attorney will follow up within one business day.
- Wills, trusts & powers of attorney
- Probate avoidance
- Plans built around you, not a kit
Client Reviews
What our clients say
"Dear Amy, Jeff, Tim and team — thank you for all your time and effort in the process of getting my mom's affairs settled and making the transfer of her condo to me so smooth. Have a blessed day!"
"I needed results against a powerful insurance company. I felt alone and quite frankly, overwhelmed. I contacted SMD Law and spoke with attorney Patrick Derkacz. Immediately I felt relief; this person really wanted to help my family and I. Pat promised me results, and he got me ju…"
"Dear Pat, (AKA my favorite attorney) — you pitched a perfect game and hit a grand slam! Thank you so much for working hard to make sense of my case with Lincoln and advocating for me. I am thankful for your kindness and compassion throughout the process. I'm glad to have a Hall-o…"
"Dearest Patrick and Jeffrey, I personally, and on behalf of my siblings, thank Patrick, Jeffrey and Amy Klimas, for providing exceptional legal services to my loving parents, Joseph P. (Retired USAF) and Joyce (Honorary Retired USAF) for so many years and at an extremely discount…"
"When I first contacted Patrick, it was during the COVID-19 pandemic. I had no idea of what to expect, but Pat was wonderful to work with. He listened to my predicament, and explained to me the process he was planning to follow. He was upfront and I understood everything I had to…"
"Patrick and his staff has handled my case efficiently and professionally to a positive outcome. He has always promptly returned my phone calls and emails like no attorney before. I can easily say he has made a positive difference in our lives. Glad he continues to have our backs."
"Phil Serafini and the other attorneys in this office are great. I have worked with them over the years and they treat everyone with the utmost respect and are tireless advocates on behalf of their clients."
"Dear Phil, I want to thank you from the bottom of my heart for all your hard work. You will never know how tremendously you have changed my life. Six years ago, when no one else would listen to me or take my case, you did. I was living in the worst time of my life, I had lost my…"
"Pat was very professional, kind and always paid attention to detail. He was also very patient with me, and that made me feel at ease and that I was in good hands. He always responded to every inquiry, and always kept us updated. I would highly recommend his services."
"Thanks so much for all your help these past five years in helping me with all the legal aspects of my folks, L & E.M.'s, trust. Thanks for answering all my questions. It's been a difficult last 5 years on making decisions for my father, but I'm so grateful that God blessed me wit…"
"I want to thank you both for all your help and hard work on my case. This certainly was good news! You both did tremendous jobs dealing with Cigna and answering my questions. Thank you and have a wonderful Christmas season!"
"Thank you so much for all of your help getting me thru this mess. You have no idea how much you have helped. I couldn't have done this without you! Only one more hurdle, yay!!"
"I really wanted to thank you, the way you talked with me and worked with me, it was amazing. I was dreading the experience and the deposition and you really made it very easy for me. So, thank you very much for a job well done."
"Dear Amy, Jeff, Tim and team — thank you for all your time and effort in the process of getting my mom's affairs settled and making the transfer of her condo to me so smooth. Have a blessed day!"
"I needed results against a powerful insurance company. I felt alone and quite frankly, overwhelmed. I contacted SMD Law and spoke with attorney Patrick Derkacz. Immediately I felt relief; this person really wanted to help my family and I. Pat promised me results, and he got me ju…"
"Dear Pat, (AKA my favorite attorney) — you pitched a perfect game and hit a grand slam! Thank you so much for working hard to make sense of my case with Lincoln and advocating for me. I am thankful for your kindness and compassion throughout the process. I'm glad to have a Hall-o…"
"Dearest Patrick and Jeffrey, I personally, and on behalf of my siblings, thank Patrick, Jeffrey and Amy Klimas, for providing exceptional legal services to my loving parents, Joseph P. (Retired USAF) and Joyce (Honorary Retired USAF) for so many years and at an extremely discount…"
"When I first contacted Patrick, it was during the COVID-19 pandemic. I had no idea of what to expect, but Pat was wonderful to work with. He listened to my predicament, and explained to me the process he was planning to follow. He was upfront and I understood everything I had to…"
"Patrick and his staff has handled my case efficiently and professionally to a positive outcome. He has always promptly returned my phone calls and emails like no attorney before. I can easily say he has made a positive difference in our lives. Glad he continues to have our backs."
"Phil Serafini and the other attorneys in this office are great. I have worked with them over the years and they treat everyone with the utmost respect and are tireless advocates on behalf of their clients."
"Dear Phil, I want to thank you from the bottom of my heart for all your hard work. You will never know how tremendously you have changed my life. Six years ago, when no one else would listen to me or take my case, you did. I was living in the worst time of my life, I had lost my…"
"Pat was very professional, kind and always paid attention to detail. He was also very patient with me, and that made me feel at ease and that I was in good hands. He always responded to every inquiry, and always kept us updated. I would highly recommend his services."
"Thanks so much for all your help these past five years in helping me with all the legal aspects of my folks, L & E.M.'s, trust. Thanks for answering all my questions. It's been a difficult last 5 years on making decisions for my father, but I'm so grateful that God blessed me wit…"
"I want to thank you both for all your help and hard work on my case. This certainly was good news! You both did tremendous jobs dealing with Cigna and answering my questions. Thank you and have a wonderful Christmas season!"
"Thank you so much for all of your help getting me thru this mess. You have no idea how much you have helped. I couldn't have done this without you! Only one more hurdle, yay!!"
"I really wanted to thank you, the way you talked with me and worked with me, it was amazing. I was dreading the experience and the deposition and you really made it very easy for me. So, thank you very much for a job well done."