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James Edward Berge

James Edward Berge

Berge & Berge LLP
  • Elder Law, Estate Planning
  • California
Claimed Lawyer ProfileQ&ASocial Media
Education
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
Santa Clara University School of Law Logo
Santa Clara University
B.S. (1981) | Accounting
Honors: Magna Cum Laude Alpha Sigma Nu
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Professional Experience
Estate Planning Attorney
Berge & Berge LLP
- Current
Publications
Articles & Publications
Special Needs Trusts: Planning, Drafting and Administration
University of California Continuing Education of the Bar
Certifications
Estate Planning, Trust & Probate Law
California State Bar Board of Legal Specialization
Awards
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
Member
- Current
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Jurisdictions Admitted to Practice
California
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Fees
  • Free Consultation
  • Credit Cards Accepted
Practice Areas
    Elder Law
    Estate Planning
    Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills
Legal Answers
Q. Am I required to go through probate?
A: Since your parents were married at the time of your father’s death and they owned their home together, no probate should be required, either because they owned it together as joint tenants with the right of survivorship or as community property.
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.
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Social Media
Websites & Blogs
Website
Website
Contact & Map
1101 S Winchester Blvd Ste I-208
San Jose, CA 95128
Telephone: (408) 985-9918
Fax: (408) 985-9945