Practice Areas · San Jose, California
Every estate planning matter Robert P. Bergman handles.
There are many legal strategies involved in estate planning: wills, revocable living trusts, irrevocable trusts, durable powers of attorney, and advance health care directives. Robert P. Bergman also handles Heggstad petitions, trust modification petitions, trust administration, and Prop 19 property tax planning. Every plan is drafted by Robert P. Bergman personally.
Robert P. Bergman handles the full range of California estate work as a certified specialist estate planning lawyer: planning (trusts, wills, powers of attorney, advance health care directives, special needs trusts), specialty trust petitions (Heggstad and modification under Probate Code §850 and §15400, explained here), and the work that follows a death or a property transfer (trust administration, probate (definition, opens in a new window), and Prop 19 planning).
Estate Planning Foundations
The four documents that work together.
A California estate plan is not one document. It is a system. The trust holds your assets, the will catches anything left out, the powers of attorney cover financial and medical decisions if you cannot speak for yourself. Each piece has to fit the next.
Estate Planning
A coordinated set of documents that direct your assets, your minor children, and your medical decisions. Robert P. Bergman drafts every plan personally.
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Revocable Living Trusts
The core document of most California estate plans. Avoids probate, keeps your affairs private, and lets a successor trustee act if you become incapacitated.
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Special Needs Trusts
Third-party and first-party trusts that preserve Medi-Cal and SSI eligibility for a beneficiary with a disability.
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Powers of Attorney
A durable power of attorney for finances and an advance health care directive. Robert P. Bergman drafts both as part of every estate plan.
Learn moreTrust Petitions
Specialty petitions under California Probate Code.
Two areas Robert P. Bergman is known for. The result of a petition depends on the trusts involved and the other legal documents in the estate plan. Robert P. Bergman files these for clients in counties throughout California, not just the Bay Area.
Heggstad Petitions
California Probate Code §850 petitions to confirm an asset belongs to a trust when it was never formally transferred during life.
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Trust Modification Petitions
Petitions to modify, reform, or terminate an irrevocable trust under Probate Code §§15403, 15404, and 15409. Filed throughout California.
Learn moreAdministration & Tax Planning
After a death, and around California real estate.
When a settlor dies, the successor trustee has duties under California Probate Code and a tight 60-day notice window. When a family transfers California real estate to a child, Proposition 19 controls how much of the property tax basis survives. Robert P. Bergman handles both, and the Heggstad petitions for assets that never made it into a trust.
Not sure where to start?
Start with a free Consultation.
A complimentary conversation, in person or by Zoom. Robert P. Bergman listens to what you want and explains which of these practice areas fits your situation. No template. No paralegal. No surprises.
Robert P. Bergman is one of less than 1% of California attorneys certified as a specialist by the State Bar.