While Berg Myers focuses on Estate Planning, Probate Administration, and Real Estate, we provide additional related legal services in the areas of guardianships, conservatorships, special needs trusts, and small business / family succession planning.
Guardianships & conservatorships
A Court proceeding may be necessary to appoint a Guardian or Conservator. This situation may arise when a person becomes incapacitated without proper planning through Powers of Attorney or Revocable Living Trusts, or when a disabled minor reaches the age a majority. The Court must make a legal determination of incapacity and the extent of powers granted to the Guardian (who is responsible for the physical care of the person) and the Conservator (who is responsible for the person’s assets).
special needs trust
A Special Needs Trust or Supplemental Needs Trust can be established to provide funds to someone who is disabled under the standard of the Social Security Administration and receiving public benefits. The Trust assets cannot be used for basic living expenses, but can be used for “extras” such as education, travel, entertainment and transportation without jeopardizing eligibility for the public benefits.
Small business or family succession planning
The most important considerations when starting a small business are protecting your personal assets from liability and overall education on the most efficient and effective ways to manage and grow a small business. If you already have a business in place and running smoothly, then considerations should be made for what will happen to the business when you experience a significant life event like retirement, death, divorce, or disability - estate and succession planning regarding your business are critical considerations. Making a plan now enables a smooth transition later.