Robert Paul Bergman’s Answers

Robert Paul Bergman

San Jose Trusts Attorney.

Contributor Level 13
  1. How to Transfer Real Property into a Living Trust via Grant Deed?

    Answered 11 months ago.

    1. Robert Paul Bergman
    2. David Thomson Egli
    3. James Noel Voeller
    3 lawyer answers

    It is an error that should be corrected now so that it does not cause problems in the future when the property is sold. The main problem is that a trust cannot own property except through a trustee. A correction deed can be prepared and recorded that clarifies the earlier property transfer so that it is corrected in the public records. This should be able to be done by an experienced estate planning attorney in your area. If you cannot locate someone, I could assist as well.

    9 lawyers agreed with this answer

  2. Does a Power of Attorney expire at death in California? Who handles the deceased last wishes if there is no Will or Trust?

    Answered over 1 year ago.

    1. Charles Adam Shultz
    2. Robert Paul Bergman
    3. Paula Brown Sinclair
    3 lawyer answers

    A financial durable power of attorney will expire and no longer be valid on the death of the principal (i.e. the person who granted the power.) If someone dies with a lawsuit pending, then the Probate Court must appoint a personal representative to continue the lawsuit. The personal representative may be named in a Will, or if there is no Will, according to a priority of persons in the Probate who are entitled to be named to act as such, especially making sure that his soon-to-be-ex-wife,...

    9 lawyers agreed with this answer

  3. Trustee never gave me anything after my aunt died. i finally aked for a copy of the trust document over a year later

    Answered almost 2 years ago.

    1. Robert Paul Bergman
    2. Reginald Perez Mason
    3. Michael Raymond Daymude
    4. Paula Brown Sinclair
    4 lawyer answers

    The answers to your questions depending completely on the terms of the trust created by your aunt, and how your "life tenancy" is presented in the trust agreement. You should have the trust agreement reviewed. It sounds like your aunt's daughter is the trustee of the trust and she may be charging you rent on property that was actually left to care for you without any rent obligation. Without such a review, any answer would be pure speculation, including the answer I just provided to you.

    8 lawyers agreed with this answer

    2 people marked this answer as helpful

  4. What are the steps for replacing a prior living trust, without resorting to amendments , while keeping the original date?

    Answered almost 2 years ago.

    1. Robert Paul Bergman
    2. Robin Mashal
    3. David Michael Frisse
    4. Eric Jerome Gold
    5. James P. Frederick
    5 lawyer answers

    First of all, this would be handled as a restatement of the original trust agreement, preserving the original name and date so that any assets already titled or transferred to trust ownership do not need to be re-titled or transferred. Substantive questions like the language to be put into a restatement, including possible upgrading of the type of trust that is prepared, etc., cannot possibly be handled through a question place on this site. You need to consult with a competent estate...

    9 lawyers agreed with this answer

  5. My husband is listed in the family trust but I am not. If he dies do I receive his share of the trust?

    Answered over 2 years ago.

    1. Robert Paul Bergman
    2. Noelle Joann Lamprecht
    3. Steven J. Fromm
    4. Uzzell S Branson IV
    5. Charles Adam Shultz
    6. ···
    7 lawyer answers

    There is not enough information in your question to answer it. In general, a trust should specifically indicate in the language who would receive property if the named beneficiary is deceased at the time the trust directs any distribution. For example, if the trust states, "to my husband, but if he is deceased to his intestate heirs," then the answer could be that you receive all of the property, or that the property is divided between you and your husband's children, if any. The trust...

    9 lawyers agreed with this answer

  6. Re transfer of house from old Trust to new Trust in CA, same process as transfer of the house from my name to original Trust?

    Answered almost 2 years ago.

    1. Robert Paul Bergman
    2. Richard Scott Stewart
    3. Robert Bruce Laing
    3 lawyer answers

    If the new trust that you have drafted is a "restatement" of your old trust, then it would not be necessary for you to do any further transfers. This is because your home is already titled in the old trust, based on what you've indicated in your question. If, on the other hand, you have created a completely new and different trust to hold your property, then you are correct. You will need to transfer the home from your original trust to the new trust that you have created. If you created...

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. Can an attorney withhold a will, from a deceased mother's family?

    Answered about 1 year ago.

    1. Robert Paul Bergman
    2. Angelo Johnathan Lagorio
    3. Christine James
    4. Donna R Blaustein
    5. John Noah Kitta
    6. ···
    6 lawyer answers

    Agreed. California law requires the custodian (i.e. current holder) of a Will to lodge it with the Probate Court in the county where the deceased creator the Will (here, the mother) was a resident. There is a $50.00 fee charged for this. Depending on the nature and type of property owned by the mother, having a formal Probate of the Will may or may not be necessary. As a mortgage is mentioned, it is likely that a Probate will be necessary, as it appears that real estate is involved....

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  8. How will cost basis of my CA condo apply, now in a revocable joint living trust, when I die first or when my wife dies first?

    Answered over 1 year ago.

    1. Robert Paul Bergman
    2. Charles Adam Shultz
    3. William Richardson Christian
    3 lawyer answers

    As you have indicated the property in a revocable living trust in your name, I will assume that the trust is your own revocable living trust that owns your property that is separate from your marriage. If separate property, there would be step-in cost basis to the fair market value of the property on your death, regardless of whether or not you die before your spouse or after you spouse. Your spouse dying would not affect the cost basis in any way. If you wish to have community property...

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  9. Can my children under age 18 be added to title of home?

    Answered about 1 year ago.

    1. Robert Paul Bergman
    2. Michael Robert Weinstein
    3. Max M Alavi
    4. Michael Leo Potter
    4 lawyer answers

    The short answer to your question is, "no." Minor children cannot directly own anything, including an interest in a house. Minor children could be the beneficiaries of a trust where the trust owns a house, but not direct owners. As for the other issues you raise, unless your mother wishes to take some affirmative action to fulfill the verbal agreement, such as creating a trust that provides for the house to pass to your children, she can do whatever she wishes. If she cannot afford to...

    8 lawyers agreed with this answer

  10. What is a reasonable attorney fee for drafting an attorney opinion letter required by mortgage company for a home refinance?

    Answered over 1 year ago.

    1. Charles Adam Shultz
    2. Robert Paul Bergman
    3. John P Corrigan
    4. Paul Rudolph Miller
    5. David Allen Hiersekorn
    5 lawyer answers

    I agree with the idea of just drawing up deeds to remove the property from your trust, put on the new loan, and then put it back into your trust.

    8 lawyers agreed with this answer