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Sally Bergman
Law Office of Sally Bergman
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Claimed Lawyer ProfileQ&A
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
- National Academy of Elder Law Attorneys
- Past President, Northern California Chapter
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- ElderCounsel
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- WealthCounsel
- Current
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- Academy of VA Pension Planners
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- Mission Hospice & Home Care
- Board Chair & Direct Care Volunteer
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- California State Bar # 104209
- Member
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Jurisdictions Admitted to Practice
- 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
Legal Answers
- Q. Who can be named successor on affidavit of small estate in California? Does each family member need to be listed?
- 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
- 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
- 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 ... Read More
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