Probate Law
Wills Some people are superstitions: “If I make a Will, I am going to die.” Well, we all are going to die. The question is will we die with affairs in order, or in a factual and legal mess? MARTIN DAVID BERG sits down with you and discusses what you would like done with your property and then makes it happen. If it takes a trust under a will, so be it. We clarify how insurance and bank accounts may differ from assets which must go into probate.
Probate “Oh , you want to avoid probate at any cost.” Maybe not. Probate, by definition, means one who dies with assets. If you give away all your property, then you avoid probate, but is that what you want to do? What are the costs and disadvantages of avoiding probate? A consultation with MARTIN DAVID BERG always yields more than it costs. A person may also be involved with probate as a beneficiary of an Estate. In that case, MARTIN DAVID BERG can assure your that you will receive what the Will or what the Law provides for persons who die without Wills..
Trusts In discussing your property, it may become wise to set up a Trust now, rather than a Testamentary (under the Will) Trust. Why? Maybe your children, whether minors or adults, need this protection. Maybe you yourself need this protection. A trust is an entity distinct from you yourself, but may nevertheless be able to be controlled by you.
Living Will An individual may want to know how he or she will be treated by physicians and hospitals. Some people do not want blood transfusions. Some people do not want to be resuscitated. This document allows an individual to set forth his/her desires now when he/she can express them.
Designation of Health Care Surrogate Who should make health care decisions – to operate or not, to engage in a course of medicine(s) -- if we are unable to express them clearly? This document allows an individual to set forth his/her choice of person to make those decisions.
Power of Attorney Would it be convenient for you to authorize someone to act for you? A power of attorney does that, but should the term and/or the scope be limited? Should the power end, or should it continue, if you become incapacitated? MARTIN DAVID BERG will meet with you, determine what you need, and then create the exact document for you.
Adoptions We are all familiar with the couple who wants to adopt a child, perhaps because they cannot conceive. But what about the family which wants an aunt to adopt her niece from another country to allow her to enjoy the peace and educational opportunities of this country. Or what about the single mother who wants to carry her child to term, but does not want to, or is not able to, care for the child? MARTIN DAVID BERG has dealt with all of these situations and has ended up with many happy clients.
Guardianships A guardianship can overlap the adoption situation in that the Guardian will act for the benefit of the Ward, even without the Guardian adopting the minor ward. Another situation is the adult relative -- e.g. a son, a brother - who has a disability, often these days, a drug addiction. MARTIN DAVID BERG has dealt with all of these cases and brought resolution to distressed families.