At the Law Offices of Robert P. Bergman, we provide accessible estate planning services for residents of Montara and the surrounding San Mateo County communities. Estate planning helps you make decisions now that affect the distribution of your assets, care for minor or dependent children, and directions for medical and financial decision-making if you cannot act for yourself. Our practice prepares wills and a range of trusts, powers of attorney, health care directives, and related documents designed to provide clarity and continuity. If you have specific questions about revocable living trusts, pour-over wills, or guardianship nominations, we can help clarify the available options and next steps.
Effective estate planning reduces uncertainty and helps families move forward with clear instructions. We take time to understand your family structure, financial holdings, and personal wishes, then prepare documents such as a Last Will and Testament, revocable living trust, financial power of attorney, advance health care directive, and any necessary trust-related documents like a Certification of Trust or General Assignment of Assets to Trust. We also assist with more focused instruments such as irrevocable life insurance trusts, retirement plan trusts, special needs trusts, pet trusts, and petitions related to trusts when changes or court actions are required.
A thoughtful estate plan provides clear directions for the distribution of assets, helps minimize delays after death, and protects privacy by reducing public court involvement where possible. It also names trusted individuals to make financial and health decisions if you become unable to act, and designates guardianship for minor children. For families with blended households, retirement accounts, or business interests, a comprehensive plan can reduce confusion and conflict among heirs. Planning in advance helps ensure that assets pass in a manner that reflects your intentions, reduces stress for family members, and preserves value for those you choose to benefit.
The Law Offices of Robert P. Bergman serve San Jose and the broader Bay Area, including Montara and San Mateo County. Our approach emphasizes careful listening, clear explanations, and practical documents that address each client’s objectives. Over many years of practice we have prepared a wide range of estate planning instruments, including revocable living trusts, pour-over wills, financial powers of attorney, advance health care directives, and trust-related petitions. We are available by phone at 408-528-2827 to discuss how a tailored plan can help protect your family, simplify administration, and preserve your intentions through life changes and beyond.
Estate planning is the process of creating legal documents that govern what happens to your assets, how decisions will be made if you are incapacitated, and who will care for minor children. Core components commonly include a revocable living trust to manage assets during life and at death, a pour-over will to capture any assets not placed in the trust, a Last Will and Testament for personal wishes, a financial power of attorney to handle money matters, and an advance health care directive to record medical preferences. Additional instruments such as irrevocable life insurance trusts, special needs trusts, and pet trusts address specific family and financial goals.
The practical process of estate planning begins with a consultation to review goals, assets, and family circumstances, followed by drafting documents tailored to those needs. After documents are prepared they must be reviewed, signed, and often notarized to ensure legal effect. Where trusts are used, a critical step is trust funding, which involves retitling assets and updating beneficiary designations to align with the trust terms. Periodic review and updates are recommended as life events occur, such as marriage, divorce, births, acquisitions of property, or changes in financial accounts and beneficiary designations.
An estate plan is a set of legal documents that expresses your wishes for managing assets and personal decisions now and after death. It allows you to appoint decision-makers for finances and health care, name guardians for minor children, and direct the distribution of property. Depending on your needs, the plan may include a trust to manage and distribute assets outside of probate, a will to address remaining property, and documents that make sure financial and medical decisions can be made without court intervention if necessary. The result is greater predictability and direction for loved ones during difficult times.
Typical elements of an estate plan include a revocable living trust, pour-over will, Last Will and Testament, financial power of attorney, and advance health care directive. Additional options such as an irrevocable life insurance trust, retirement plan trust, special needs trust, and pet trust address particular planning goals. The process often involves information gathering, drafting documents, execution with witnessing and notarization as required, and post-signing steps such as funding trusts and providing copies to relevant institutions and named agents. When circumstances change, petitions such as a trust modification or a Heggstad petition may be necessary to reflect new realities.
This glossary highlights commonly used terms to help demystify the planning process. Understanding the meaning of basic instruments and procedures—such as what a revocable living trust does, the purpose of a pour-over will, or how a financial power of attorney functions—helps you make informed decisions. The glossary also touches on procedural terms like trust funding, Heggstad petitions, and certification of trust, which can arise when working with banks, retirement plan administrators, or courts. Clear definitions promote confidence when discussing options and signing documents.
A revocable living trust is a legal arrangement that holds title to assets during your lifetime and names a successor trustee to manage and distribute those assets after death or incapacity. It offers flexibility because the trust terms can be changed or revoked while you are living, and it can help avoid the delays and public nature of probate for assets properly transferred into the trust. The trust typically works in tandem with a pour-over will and other planning documents, and requires steps after signing to retitle accounts and real property into the name of the trust.
A pour-over will is a type of will used alongside a trust to capture any assets that were not placed into a trust during a person’s lifetime. Its primary function is to transfer those remaining assets into the trust at the time of death, allowing the trust’s terms to govern distribution. While a pour-over will can simplify distribution, assets passing through a will may still be subject to probate. The pour-over will provides a safety net so that untransferred property is handled consistently with the overall estate plan.
A Last Will and Testament is a document that sets out your wishes regarding distribution of certain assets at death, appoints an executor to carry out those wishes, and can name guardians for minor children. When combined with a trust-based plan, a will often serves to address assets not placed into a trust and to provide backup instructions. A will generally goes through probate, which is a public court process that validates the will and oversees distribution, unlike assets properly held in a trust which can often transfer privately and more quickly.
An advance health care directive records your medical preferences and appoints a decision-maker to make health care choices if you are unable to do so, while a financial power of attorney appoints a person to manage financial affairs when you cannot. Both documents help avoid court-appointed guardianship or conservatorship by designating trusted agents in advance. They typically include instructions about life-sustaining treatment, access to medical records under HIPAA authorization, and clear authority for handling banking, bill paying, and property management during periods of incapacity.
A limited approach may focus on a few core documents or a single issue, providing a lower-cost option for simple situations, while a comprehensive plan addresses a wider range of concerns and coordinates multiple instruments to work together. Limited plans may be appropriate where assets are minimal, beneficiary designations are up to date, and family relationships are straightforward. Comprehensive plans better accommodate blended families, business interests, or ongoing asset management needs. Choosing between the two depends on family dynamics, asset complexity, and the desire to minimize probate and create continuity for decision-making.
A limited plan can work well when a person’s financial life is straightforward, assets are modest, and beneficiary designations on retirement accounts and life insurance align with intended outcomes. If the family situation is uncomplicated and there are no minor children or dependents requiring special arrangements, a concise set of documents can provide essential protections. Even when choosing a limited approach, it is important to confirm that account titles and beneficiary forms are current, and to consider basic incapacity planning such as a financial power of attorney and an advance health care directive to avoid gaps in decision-making authority.
When retirement accounts, life insurance policies, and payable-on-death arrangements already pass assets directly to intended recipients, and there are no concerns about privacy or court involvement, a limited plan may sufficiently align with goals. In those circumstances, the remaining focus is often on ensuring incapacity planning and confirming that designations are consistent with broader wishes. Periodic review is still recommended to confirm that beneficiary choices continue to reflect current circumstances, and to address any newly acquired property or changing family relationships.
Comprehensive planning becomes important when families include blended relationships, minor children, or beneficiaries with ongoing support needs. These situations benefit from careful drafting to avoid unintended outcomes and to ensure that guardianship, trust terms, and distribution schedules reflect long-term goals. A full plan coordinates multiple documents, such as special needs trusts or guardianship nominations, to balance eligibility for public benefits with provision for supplemental care. Thoughtful drafting reduces the likelihood of disputes and provides clear guidance for those who will administer the plan.
When you own a business, have complex investment holdings, or maintain significant retirement accounts, a comprehensive plan helps manage transition and protect value for heirs. Strategies such as retirement plan trusts, irrevocable life insurance trusts, and tailored trust provisions can coordinate beneficiary designations and business succession plans. A full-service plan also addresses funding of trusts and administration logistics to ensure that the intended transfer of assets is effective at the time of incapacity or death, minimizing administrative burdens and uncertainty for family members and business partners.
A comprehensive estate plan provides cohesive control over how assets are managed and distributed, addresses incapacity planning, and can streamline administration for survivors. Coordinated documents reduce the likelihood of conflicting instructions and help ensure that beneficiary designations, titling, and trust provisions work together. For many families, this means faster resolution, protection of privacy, and a clearer path for trusted decision-makers. Additionally, planning ahead creates opportunities to provide for children and dependents in ways that reflect long-term care goals and financial realities.
Comprehensive planning also helps preserve support for vulnerable family members and minimize family disputes by documenting intentions clearly. When trusts are used properly, assets can often be managed for beneficiaries over time and distributions can be tailored to particular needs. Regular review and updates keep the plan aligned with changes in family structure, law, and finances, delivering lasting benefits in the form of predictability, continuity, and reduced administrative work for those who will carry out your wishes.
One common benefit of a trust-centered plan is the potential to avoid probate for assets properly funded into the trust, which can speed distribution and keep details private. Probate is a court-supervised process that can take many months and becomes part of the public record. When assets are managed through a revocable living trust and titled appropriately, successors can often receive distributions with less delay and outside of court. This can reduce emotional strain on families during the period of transition and provide a more discreet handling of financial affairs.
Comprehensive planning ensures you have clear authority designated for medical and financial decisions if you become incapacitated. Documents like a financial power of attorney and an advance health care directive name trusted agents who can act on your behalf, avoiding delays that may result from court involvement. Properly organized plans also provide continuity for financial management and asset oversight, ensuring bills are paid, property is managed, and health care preferences are followed in ways that reduce disruption for family members during difficult times.
Before an initial meeting, collect recent statements for bank accounts, retirement plans, investment accounts, deeds for real property, life insurance policies, and any business ownership documents. Having account numbers, titles, and beneficiary designations at hand makes it easier to analyze whether retitling or beneficiary adjustments are needed to align with your plan. Also prepare a list of personal contacts, including the names and contact information for people you would consider as trustees, agents, or guardians. This preparation saves time and helps ensure the plan addresses all relevant assets and relationships.
Life changes like marriage, divorce, the birth of children, death of a beneficiary, acquisition of new assets, or moves between states can affect how a plan should be structured. Regular reviews help maintain alignment between documents and current circumstances, and permit updates to guardianship nominations, trustee selections, and distribution terms. Planning should be an ongoing activity rather than a one-time event, and periodic check-ins can prevent gaps in protection and ensure the plan continues to serve your family’s evolving needs.
Estate planning ensures that your financial affairs, medical preferences, and guardianship choices are documented and ready when needed. It provides a framework for transferring assets to loved ones, naming decision-makers, and reducing uncertainty. Whether you own a home in Montara, hold retirement accounts, or have family members who rely on you for support, a well-designed plan creates continuity and reduces emotional and administrative burdens for those left to manage your affairs. Planning now helps preserve your intentions and supports orderly management during major life events.
Local knowledge of California and San Mateo County rules can be important when drafting effective documents and addressing issues such as trust funding and probate administration. Working with a firm familiar with regional practices helps ensure documents meet state requirements and coordinate with how local institutions handle trust and estate matters. Thoughtful planning also helps business owners and property owners prepare for succession and transfer, creating a smoother transition for heirs and associates while minimizing avoidable legal complications.
Several common circumstances make estate planning especially important: getting married or divorced, having children or grandchildren, purchasing property, starting or selling a business, or learning that a family member has special care needs. Planning is also important as you approach retirement or experience changes in health. Addressing these events with timely legal documents ensures that your wishes are documented and that appropriate decision-makers are in place to manage financial and medical matters if you cannot.
Marriage or divorce often changes asset ownership and beneficiary expectations, and blended families frequently require deliberate decisions about how to provide for children from prior relationships while supporting a current spouse. Updating wills, trusts, and beneficiary designations after such changes prevents unintended consequences and makes sure that guardianship nominations reflect current family responsibilities. It is important to review retirement accounts, life insurance, and titling of real property so that the overall plan aligns with your updated family goals.
The purchase of a home, receipt of an inheritance, or acquisition of a business interest increases the need for a plan that manages succession, protects assets, and provides continuity. Such assets may require special trust arrangements to preserve value for beneficiaries and to coordinate tax and administrative considerations. Business owners in particular benefit from succession planning that addresses the future operation or sale of the business and how proceeds will be distributed to family members or partners.
When a family member has ongoing medical or developmental needs, careful planning can protect eligibility for public benefits while providing supplemental support. A special needs trust can hold and manage funds on behalf of that person without disqualifying them from government programs, and other instruments can appoint caregivers and trustees to handle day-to-day and long-term needs. Thoughtful provisions reduce the risk of financial mismanagement and provide a structure for long-term care and decision-making that aligns with your family’s priorities.
We are here to help Montara residents create plans that reflect personal wishes and family needs. The Law Offices of Robert P. Bergman offers consultations by phone at 408-528-2827 and serves clients throughout San Mateo County and the Bay Area. Whether you need a revocable living trust, a Last Will and Testament, financial power of attorney, advance health care directive, guardianship nominations, or more tailored solutions such as irrevocable life insurance trusts or special needs planning, we assist with document drafting, execution, and follow-up steps like funding trusts and communicating with institutions.
Clients choose our firm for straightforward communication, careful drafting, and attention to the practical steps that make plans effective. We focus on creating clear documents that reflect client goals, and on guiding clients through post-signing actions such as titling and beneficiary updates. Our services include preparation of revocable living trusts, pour-over wills, powers of attorney, health care directives, certification of trust, and related filings when petitions are needed to address trust administration matters.
We emphasize transparent communication about the available options, estimated timelines, and the steps required to put a plan into effect. For clients with business holdings, retirement plans, or blended family concerns, tailored planning is designed to coordinate across instruments rather than leaving matters to chance. We also help clients prepare for and respond to future needs with trust modification petitions or Heggstad petitions when court action is appropriate to protect client objectives.
Our practice assists with practical follow-through, including preparing the documents for proper execution, advising on trust funding steps, and providing copies and summaries for named agents and family members. We also prepare guardianship nominations and HIPAA authorizations to ensure caregivers and medical agents have the information they need. Consistent post-signing guidance helps clients avoid common gaps that can undermine otherwise well-drafted planning documents.
Our process begins with a focused conversation about your objectives, family circumstances, and key assets. We gather necessary financial and personal information, then prepare draft documents for your review. After revisions and approval, we arrange for signing with appropriate witnessing and notarization. We then guide you through post-signing tasks such as trust funding, beneficiary updates, and distribution of document copies to trusted agents. Periodic reviews are recommended to keep the plan aligned with life changes and legal developments that may affect your arrangements.
The first step is a detailed discussion to understand your goals, family structure, major assets, and any existing planning. We will identify whether a trust-based plan, a will-based plan, or a hybrid approach best meets your needs. This phase includes requests for documents such as deeds, account statements, insurance policies, and beneficiary designations so that we can prepare an accurate and comprehensive draft. Clear communication during this stage ensures that subsequent documents reflect your priorities and practical concerns.
During the initial meeting we focus on what matters most to you: how assets should be distributed, who should make financial and medical decisions, and what provisions are needed for children or dependents. We explore potential complications, such as blended family concerns, business ownership, or beneficiaries with special needs. This conversation informs the selection of instruments and drafting approach so that the plan offers clarity and durability tailored to your particular situation.
We ask clients to provide documentation such as account statements, deeds, titles, retirement plan details, insurance policies, and any business agreements. These records help identify assets that should be placed into a trust and determine which beneficiary designations need updating. Gathering this information ahead of drafting allows us to prepare accurate documents and propose practical steps for funding trusts and coordinating distribution mechanisms to match your objectives.
Once information is collected, we prepare draft documents that implement your plan. Drafting includes clear trust provisions, pour-over wills, powers of attorney, and health care directives tailored to your decisions. We provide opportunities to review drafts and suggest changes so the final documents reflect your wishes. Careful attention is given to language, successor appointments, and contingency planning to help reduce ambiguity and simplify administration for those who act on your behalf in the future.
Drafting typically includes a revocable living trust when appropriate, along with a pour-over will, and trust-related instruments like a certification of trust or general assignment of assets to the trust. These documents work together to direct asset management and distribution. We tailor trust terms for timing of distributions, discretionary powers, and trustee authorities, and prepare related documents aimed at easing interactions with financial institutions and trustees during administration.
Drafting also includes appointment documents for financial and health care decision-making, HIPAA authorizations to allow medical information sharing, and guardianship nominations for minor children. These instruments ensure that trusted individuals can make timely decisions on your behalf if you are unable to do so personally. Clear, durable powers and directives reduce the need for court involvement and provide confidence to family members tasked with carrying out your wishes.
After documents are finalized, we arrange for signing with the appropriate witnessing and notarization required by California law. Critical post-signing steps include funding trusts by retitling assets and updating beneficiary designations to align with the trust, and delivering copies to named agents and trustees. We also recommend a schedule for periodic review to confirm that the plan remains appropriate as life events occur, and we assist with any necessary amendments or petitions to reflect changes in circumstances.
Signing sessions ensure documents are executed correctly with the required number of witnesses and notarization where necessary. Proper execution is essential to the enforceability of instruments such as wills and powers of attorney. We walk clients through each signature, explain the roles of the appointed agents and trustees, and provide guidance on where original documents should be kept and who should receive certified copies for easy access when the time comes.
Funding a trust involves transferring ownership of assets to the trust name and verifying beneficiary designations for accounts that may not be retitled. After signing we provide clients with a checklist to assist with funding and recommend delivering copies to designated agents and financial institutions. We encourage scheduling periodic reviews to address births, deaths, marriages, divorces, or new asset acquisitions to ensure the plan remains up to date and continues to reflect the client’s intentions and family needs.
A basic estate plan commonly includes a Last Will and Testament, a financial power of attorney, and an advance health care directive. The will addresses the distribution of assets left outside of any trust, nominates an executor to manage the estate, and can name guardians for minor children. Powers of attorney appoint a trusted person to manage financial affairs if you are unable, and a health care directive records medical wishes and names an agent to make health decisions. Many people also choose a revocable living trust to avoid probate for assets that are properly transferred into the trust. Trusts can provide continuity, privacy, and flexibility for managing assets during life and at death. Additional documents such as a certification of trust, general assignment of assets to the trust, HIPAA authorizations, and specific instruments like special needs or pet trusts are added when particular family needs or asset structures require them.
A revocable living trust holds assets in the name of the trust and provides instructions for management and distribution during incapacity and after death, often enabling those assets to pass outside of probate. A will only governs assets that remain in your individual name at death and typically must be validated through probate. Trusts can offer more immediate access for successors and a private administration process compared to the public probate court process. While both instruments serve important roles, many clients use them together: a trust handles most assets during life and a pour-over will captures any property not transferred into the trust. Selecting the right combination depends on asset complexity, family goals, and the desire to avoid probate. Proper trust funding and beneficiary coordination are essential to realize the trust’s intended benefits.
A pour-over will works alongside a trust to transfer any assets that were not placed in the trust during life into the trust at death. Its function is largely protective, ensuring that unintended omissions do not defeat the overall plan. Because property transferred by a will typically goes through probate, the pour-over will acts as a safety net but does not eliminate the need to fund the trust during life when practical. Clients often use a pour-over will as part of a trust-centered plan to centralize distribution rules inside the trust document. The pour-over will is especially useful where assets change or where certain small items are not retitled before death. Regular reviews and proper funding reduce reliance on the pour-over will for major assets.
Choosing a guardian for minor children requires careful thought about the person’s values, parenting style, relationship with your children, availability, and willingness to serve. Consider discussing the role with potential guardians in advance so they understand the responsibilities and are prepared to accept the appointment if necessary. It is also wise to name alternate guardians in case your first choice is unable to serve when the time comes. You can also provide instructions in a will or trust for how funds should be used for a child’s care and education, and consider creating a trust to manage assets left for a minor. Clear documentation helps ensure day-to-day care and financial support align with your wishes while providing guidance to the appointed guardian.
Estate plans should be reviewed at least every few years and after major life events such as marriage, divorce, births, deaths, relocation between states, acquisition of significant assets, or changes in beneficiary designations. Shifts in family dynamics or wealth can create inconsistencies between your intentions and existing documents, so periodic review keeps the plan current and effective. Legal changes can also affect the most appropriate strategies for preserving assets and managing distributions. Regular check-ins allow you to update guardianship names, trustee or agent appointments, and distribution instructions, and to verify that trust funding and beneficiary designations are aligned with your plan. Short reviews can be scheduled more often when you expect changes, and comprehensive reviews should follow major events that affect your estate’s structure or your family’s needs.
Yes. Estate planning can be an effective tool for protecting a family member with ongoing support needs by creating a special needs trust that holds funds for supplemental care while preserving eligibility for government benefits. The trust can be drafted to provide for quality-of-life items and services that public benefits do not cover, and the terms can appoint a trustee to manage funds responsibly for the beneficiary’s long-term care and support. When planning for a family member with disabilities, it is important to coordinate the trust with public benefit rules and to name a trustee or individual who understands how to balance trust distributions and benefit eligibility. Additional documents such as letters of intent and clear beneficiary guidance can assist caregivers and the trustee in administering resources effectively on behalf of the person with needs.
A financial power of attorney appoints an agent to manage financial matters when you cannot do so yourself, either temporarily or permanently. The agent can pay bills, manage investments, handle banking transactions, and make decisions specified in the document, depending on the powers granted. A durable power of attorney remains in effect if you become incapacitated, avoiding the need for a court-appointed conservatorship and enabling timely handling of financial obligations. Careful selection of the agent and clear instructions in the power of attorney help ensure your financial affairs are handled in accordance with your preferences. It is important to discuss the role with the chosen agent and to keep copies of the document accessible to financial institutions that will rely on the appointed authority.
A certification of trust is a shorter document that verifies the existence of a trust and provides key information to financial institutions, such as the trustee’s authority, without revealing the trust’s detailed terms. Banks and other institutions often accept a certification of trust to allow trustees to manage accounts on behalf of the trust without reviewing the entire trust document, helping preserve privacy while permitting practical administration. Providing a certification of trust, together with identification for the trustee, streamlines interactions with accounts and can reduce delays when a trustee needs to access or manage trust assets. Institutions vary in their requirements, so having a properly prepared certification and knowing what the bank needs helps avoid unnecessary complications.
A trust modification petition may be necessary when the parties to a trust need court authorization to change trust terms, resolve disputes, or address issues that cannot be fixed through informal amendment. Circumstances such as ambiguous provisions, changes in law, disputes among beneficiaries or trustees, or the need to add or remove parties sometimes require seeking court guidance or approval to ensure that modifications are legally effective and properly implemented. Before filing a petition, parties often explore negotiated amendments or successor trustee actions, but when agreement cannot be reached or when legal clarity is required, a trust modification petition provides a formal path to obtain a court order that documents the requested changes or resolves contested matters. Legal advice helps determine the most appropriate approach given the specifics of the trust and the concerns involved.
For your first estate planning appointment, bring documentation that outlines your assets: recent statements for bank and investment accounts, deeds or titles for real property, retirement plan and life insurance information, and any business ownership agreements. Also prepare a list of people you would consider for roles such as trustee, successor trustee, executor, financial agent, and health care agent, along with contact information and brief notes on why you would select them. It is helpful to bring a summary of family relationships, including names and birthdates of children and other dependents, and any prior estate documents you may have. If you have questions about specific concerns such as special needs planning or business succession, note those topics so they can be addressed during the meeting. Being organized saves time and helps produce a plan that reflects your priorities accurately.
Criminal Defense
Homicide Defense
Manslaughter
Assault and Battery
Assault with a Deadly Weapon
Battery Causing Great Bodily Injury
Domestic Violence
Domestic Violence Protection Orders
Domestic Violence Restraining Order
Arson Defense
Weapons Charges
Illegal Firearm Possessions
Civil Harassment
Civil Harassment Restraining Orders
School Violence Restraining Orders
Violent Crimes Defense
Estate Planning Practice Areas