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James Edward Berge

James Edward Berge

Berge & Berge LLP
  • Elder Law, Estate Planning
  • California
Claimed Lawyer ProfileQ&ASocial Media
Practice Areas
    Elder Law
    Estate Planning
    Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills
  • Free Consultation
  • Credit Cards Accepted
Jurisdictions Admitted to Practice
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Professional Experience
Estate Planning Attorney
Berge & Berge LLP
- Current
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
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Santa Clara University
B.S. (1981) | Accounting
Honors: Magna Cum Laude Alpha Sigma Nu
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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
- Current
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Articles & Publications
Special Needs Trusts: Planning, Drafting and Administration
University of California Continuing Education of the Bar
Estate Planning, Trust & Probate Law
California State Bar Board of Legal Specialization
Websites & Blogs
Legal Answers
214 Questions Answered
Q. Can my partner sign over durable POA to me, while they’re incarcerated?
A: Yes, without a doubt, but the logistics may be difficult. You can call the prison administration to find out how to arrange it. If it’s impossible for you to get an original document to an inmate for signature, perhaps an attorney will have a better chance. The prison will have a notary available. Make sure to include a postage prepaid self addressed envelope for the return to you. Good luck!
Q. In the state of California as an heir how do I claim deceased person's property? (Cash, stocks, accounts)
A: If the sum total value of all assets held individually by the decedent at time of death (excluding beneficiary designation accounts where there is a designated beneficiary, such as life insurance, annuities, and retirement accounts) is under $166,250, you can claim these assets from the bank by a small estate affidavit under California Probate Code section 13100. Just Google the search term and you'll find a sample form. You might also want to call the bank first to see if they already have a form that you can complete. If the value of the account(s) exceed $166,250, you'll need to contact a probate attorney such as myself to begin a probate proceeding.
Q. Property is in trust. Trustees as individuals then quitclaim it to their daughter. Who owns
A: The trust still owns the property. The deed from them, as individuals, rather than trustees, did not convey good title to their daughter, because they, as individuals, did not own the property.
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Contact & Map
1101 S Winchester Blvd Ste I-208
San Jose, CA 95128
Telephone: (408) 985-9918
Fax: (408) 985-9945