PROBATE AND ESTATE ADMINISTRATION BENEFIT

 

Who is Eligible?

Any member, memberʼs eligible dependent who is named Executor in a Will; an Executor in a Will by a covered member where the Executor is not an eligible dependent; and/or if there is no Will, a member or an eligible dependent who would qualify, under intestacy laws to serve as Administrator of the estate, is covered by this benefit.

 

What is the Benefit?

The Legal Services Fund, through the panel law firm, provides all legal services which may be required in connection with the handling of an estate from its inception (the Probate of a Will or Petition for Letters of Administration where there is no Will), through all phases of estate administration including tax proceedings and “winding up” of the estate (through accounting and distribution). With respect to the estate of a deceased member, these services are provided to the surviving spouse or eligible dependent children in those instances where the spouse or eligible dependent children would be entitled to be appointed Executor or Administrator.

The following schedule indicates the possible legal services available and the amount to be paid by the member in each circumstance:

STEPS IN THE LEGAL PROCESS PROVIDED BY THE FUND THROUGH AMOUNT PAID THE PANEL LAW FIRM BY FUND MEMBER

A. Consultation .................................................. $0
 

B. Small Estates Proceedings ............................ $150.00
 

C. Estates other than Small Estates

Proceedings................................................... $250.00 plus

Either 1.3% of the gross estate for estate tax purposes in excess of $20,000 and up to $500,000 and 2.5% of the gross estate for estate tax purposes in excess of $500,000.

OR

2. The panel law firm has agreed to provide legal representation in these matters with a 25% reduction in its hourly rate, which, for 2004 is $300.00. (This is $225.00 per hour for 2004.)

The retainer for these legal services is between the estate representative and the law firm. It should be discussed and executed at the initial appointment.

PLEASE NOTE: This benefit DOES NOT provide legal services of an adversarial nature, e.g., to contest an existing Will.

 

How is the Probate and Estate Administration Benefit Obtained?

To obtain the Probate and Estate Administration Benefit, simply contact your Local Organization to request an appointment. At the time of the appointment, you and an attorney from the panel law firm will complete the appropriate forms.