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James Edward Berge

James Edward Berge

Berge & Berge LLP
  • Elder Law, Estate Planning
  • California
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Practice Areas
    Elder Law
    Estate Planning
    Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills
  • Free Consultation
  • Credit Cards Accepted
Jurisdictions Admitted to Practice
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Professional Experience
Estate Planning Attorney
Berge & Berge LLP
- Current
Golden Gate University School of Law
LL.M. | Taxation
Honors: Cum Laude
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Santa Clara University School of Law
J.D. (1986)
Honors: Cum Laude
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Santa Clara University
B.S. (1981) | Accounting
Honors: Magna Cum Laude Alpha Sigma Nu
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Elijah Watt Sells Award
American Institute of Certified Public Accountants
Top 100 Score in the Nation on May 1981 Uniform CPA Exam
Professional Associations
California State Bar  # 126568
- Current
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Articles & Publications
Special Needs Trusts: Planning, Drafting and Administration
University of California Continuing Education of the Bar
Estate Planning, Trust & Probate Law
California State Bar Board of Legal Specialization
Websites & Blogs
Legal Answers
200 Questions Answered
Q. What all needs to be filed to remove a trustee in CA
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?
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?
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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Contact & Map
1101 S Winchester Blvd Ste I-208
San Jose, CA 95128
Telephone: (408) 985-9918
Fax: (408) 985-9945
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