Sally Bergman

Sally Bergman

Law Office of Sally Bergman
  • 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
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Education
Western New England University School of Law
LL.M. (2016) | Estate Planning & Elder Law
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San Francisco Law School
J.D. (1982)
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Professional Associations
Mission Hospice & Home Care
Board Chair & Direct Care Volunteer
Current
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National Academy of Elder Law Attorneys
Past President, Northern California Chapter
Current
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ElderCounsel
Current
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WealthCounsel
Current
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Academy of VA Pension Planners
Current
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California State Bar  # 104209
Member
- Current
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Websites & Blogs
Website
Legal Answers
156 Questions Answered
Q. Can one signee on a small estate affidavit for Louisiana get their signature notarized in California?
A: I very much doubt Louisiana would require you to reside there in order to sign the affidavit. Notarizations are always completed in the state where the signer is signing, which most often is their residence.
Q. The Trustee of the Trust has dementia, so her son is the Executor and has Power of Attorney
A: If the vacant lot is titled in the name of the trust, there is a very specific process that must be followed that complies with the terms of the trust with respect to incapacity of the trustee. If the vacant lot is in the name of the individual trustee who is now incapacitated, then the son will sign as agent under the Power of Attorney. That POA document must provide specifically that the son has the authority to engage in real estate transactions. That POA must also be recorded along with the deed transferring the property. I would not recommend you try to do this yourself without the assistance of an attorney. Whenever you are dealing with real property, the paperwork must be perfect. If it is not, you will have problems transferring good title. In other words, you create a more expensive mess to fix than if you had just hired an attorney to do it correctly in the first place.
Q. Does a Trust have to be signed and notarized under California law to be valid?
A: While a California trust does not need to be notarized, it does need to be signed. However, you seem to have evidence that in fact a trust document was signed (notary records) and the 2016 trust was funded with real estate. Depending upon a lot of other facts and factors, it is possible a court petition might avoid probate. An attorney would have to review everything and evaluate.
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Contact & Map
1900 S Norfolk St, Suite 350
San Mateo, CA 94403
Telephone: (650) 242-9800
Fax: (888) 462-6850
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