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Sally Bergman

Law Office of Sally Bergman

41 years of experience
Elder Law, Estate Planning
California

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Practice Areas

Elder Law

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

Additional Practice Area

Medi-Cal & VA Pension Benefit Planning

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Jurisdictions Admitted to Practice

California
Since 1982

Education

Western New England University School of Law: LL.M. (2016) | Estate Planning & Elder Law; 2014 - 2016

San Francisco Law School: J.D. (1982)

Professional Associations

Mission Hospice & Home Care: Board Chair & Direct Care Volunteer; Current

National Academy of Elder Law Attorneys: Past President, Northern California Chapter; Current

ElderCounsel: Current

WealthCounsel: Current

Academy of VA Pension Planners: Current

California State Bar # 104209: Member; 1982 - Current

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Websites & Blogs

Website

Legal Answers

164 Questions Answered

Q. Who can be named successor on affidavit of small estate in California? Does each family member need to be listed?: April 14, 2023; A: If the deceased was survived by one or more parents, only those individuals are intestate heirs entitled to recover under the small estate affidavit. The siblings are not entitled to receive anything.

Q. Father has days left to live..he is currently under my sisters care. I have his will and it shows me as durable POA: March 30, 2023; A: My condolences to you for the father you will soon lose.

The legal document stating who has the right to control the burial plans will be the Advance Health Care Directive (AHCD), which you do not mention.

If there is no AHCD, and there is no spouse, then a majority of all children must agree. The funeral company is not likely to proceed without that agreement.

Q. My question is do we have a right to contact the lawyer and ask for a copy of will to confirm the executer and my wife's: March 29, 2023; A: First, many people use the terms "wills" and "trusts" interchangeably, even though they are very different in California.

If your father-in-law had a will, whoever has the original is required, within 30 days of the death, to "lodge" it with the county clerk in the county where the deceased resided at the time of death. If there is no "trust", then the will is typically filed with the court along with a Petition for Probate. Even if your sister-in-law is correct that your wife receives nothing, she is still entitled to receive a copy of the Petition and the Will.

If your father-in-law had a trust, which is more common, whoever is named as the successor trustee must serve notice of the existence of the trust and certain other information upon all beneficiaries named in the trust as well as all "intestate heirs" which would include your wife. This notice is to be sent within 60 days of the death.

If you were to call the attorney, which it sounds as though you don't know who that is, I doubt he/she would share any information with you. If your wife is concerned about being disinherited, she should contact her own attorney. I do not intend to infer, however, that your father-in-law did not have the right to disinherit your wife. That assumes he was of sound mind and was not being unduly influenced by anyone at the time he executed the will. ... Read More