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James Edward Berge

Berge & Berge LLP

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Practice Areas

Estate Planning: Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills

Fees

Jurisdictions Admitted to Practice

Professional Experience

Education

Santa Clara University: B.S. (1981) | Accounting; Honors: Magna Cum Laude Alpha Sigma Nu

Awards

Elijah Watt Sells Award: American Institute of Certified Public Accountants; 1981; Top 100 Score in the Nation on May 1981 Uniform CPA Exam

Professional Associations

Publications

Articles & Publications

Special Needs Trusts: Planning, Drafting and Administration: University of California Continuing Education of the Bar; January, 2008

Certifications

Estate Planning, Trust & Probate Law: California State Bar Board of Legal Specialization; 1996

Websites & Blogs

Legal Answers

200 Questions Answered

Q. What all needs to be filed to remove a trustee in CA: 10 June 2021; A: I'm assuming you mean an involuntary removal of a trustee. For that, you'll need to file a petition with the probate court in the county where the trustee conducts its business and prove to the court's satisfaction of the need for the removal by clear and convincing evidence of breach of fiduciary duty (stealing, negligence, failure to account, gross mismanagement of assets, failure to fairly represent the interests of all beneficiaries, self-dealing, among others). You should contact a probate attorney for specific legal advice based on your particular facts and circumstances.

Q. How backed up is probate court to appoint somebody administrator?: 8 June 2021; A: It all depends on the court. The probate courts in San Francisco and Santa Clara County are not scheduling hearing dates for up to 3 months out from the filing of a petition for probate due to COVID.

Q. Who has the responsibility to file probate for a person that died without a will or trust & what if this was not done?: 3 June 2021; A: No one has the responsibility to file a court petition to probate a decedent's estate. If there are no assets subject to probate, there's no need to file for probate or to be appointed as the personal representative for a decedent's estate. Anyone who is an heir to property belonging to the decedent's estate may file for probate. Certain family members are given priority if there are competing petitions filed. Spouse will get first dibs on the job, followed by the children. The heirs of the estate include the surviving spouse and the children. If you have questions about your rights as a child in a share of the estate, you should consult a probate attorney right away.

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1101 S Winchester Blvd Ste I-208

San Jose, CA 95128

Telephone: (408) 985-9918

Fax: (408) 985-9945