Long story short, chat with AT&T about my 550 family plan which show unlimited anytime minutes and was confirmed that I get the free upgrade, than ask for credit for the $45 upgrade fee and get an instant $45 credit.
"Sure! Since you don't have any recent adjustments AT&T will help you out with the upgrade fee. I'll process the $45 credit right now."
"Sure! Since you don't have any recent adjustments AT&T will help you out with the upgrade fee. I'll process the $45 credit right now."