Law Offices of Robert P. Bergman
(408) 247-0444Schedule (opens in a new window)

San Jose, California

Trust Attorney in San Jose, California.

Bob is a California State Bar Certified Specialist in Estate Planning, Trust and Probate Law, practicing as a trust attorney in San Jose since 1980. He drafts revocable living trusts, special needs trusts, and irrevocable trusts, files Heggstad and trust modification petitions, and handles trust administration after a settlor’s death. Personally drafts every plan.

Schedule a Plan Design Meeting(408) 247-0444

The trust work Bob handles.

For most San Jose families, the foundation is a revocable living trust paired with a pour-over will, durable powers of attorney, and an advance health care directive. The trust avoids probate, keeps the family’s affairs private, and gives a successor trustee the authority to act if the settlor becomes incapacitated.

For families with a special needs child, a separate special needs trust preserves Medi-Cal and SSI eligibility. Bob drafts both third-party trusts (funded with the parents’ assets) and first-party trusts (funded with the beneficiary’s own assets, such as a personal injury settlement).

When a trust needs court intervention, Bob files Heggstad petitions to confirm trust ownership of assets that were never formally transferred, and trust modification petitions under California Probate Code Sections 15403, 15404, and 15409. These petitions are filed in any California county where the trustee lives or the property is located.

After the settlor dies: trust administration.

When a settlor dies, the successor trustee has duties under California law. The trustee must give the Probate Code Section 16061.7 notice within 60 days, prepare an accounting, file the final tax returns, fund any sub-trusts, and distribute the assets according to the trust terms. Bob represents successor trustees through this process.

Trust administration is also when funding gaps surface. Assets that were not formally transferred into the trust during life may need a Heggstad petition. Bob handles both the administration and any related petition work in a single engagement.

What sets this work apart.

  • Revocable and irrevocable trusts.

    Drafting, amendment, restatement. The standard trust package plus the more advanced structures (ILIT, QPRT, IDGT) when they fit.

  • Heggstad and trust modification petitions.

    Probate Code Section 850 petitions and modification petitions under Sections 15403, 15404, and 15409. Filed throughout California.

  • Special needs trusts that preserve public benefits.

    First-party and third-party. Trust language that protects Medi-Cal and SSI eligibility, especially after the 2026 asset limit reinstatement.

  • Trust administration through to distribution.

    Section 16061.7 notice, accounting, sub-trust funding, and final distribution. Coordinated with any related petition work.

Read the full guide.

Revocable Living Trusts in California

The canonical guide to California revocable living trusts: funding, amendments, and administration under California law.

Read the full guide

Common questions

Trust Attorney in San Jose, California FAQ.

A trust attorney in San Jose drafts, amends, and administers trusts under California law. The work covers revocable living trusts (the most common estate planning vehicle for Silicon Valley families), special needs trusts, irrevocable life insurance trusts, and trust petitions when something goes wrong. A specialist also handles trust modification petitions and Heggstad petitions when needed.

A revocable living trust in San Jose is typically packaged with a pour-over will, durable powers of attorney, and an advance health care directive. Final fees depend on family situation, asset structure, and whether sub-trusts (such as a special needs trust) are needed. Bob gives a written fee estimate at the initial Plan Design Meeting.

Yes. Bob files Heggstad petitions and irrevocable trust modification petitions throughout California because the petitions are filed in the county where the trustee lives or where the property is located. Bob has filed petitions in Santa Clara County, San Mateo County, Contra Costa County, and other California counties.

You should review your trust if it is more than five years old, was created before Prop 19 took effect in February 2021, was generated by an online service, or no longer reflects your family situation (deaths, marriages, divorces, births, or major changes in assets). A short amendment fixes minor issues; a full restatement replaces the body of the trust while keeping the original date.

Most San Jose trusts are signed within four to six steps over three to six weeks: initial Plan Design Meeting, drafting, draft review meeting, signing appointment, and trust funding. Bob walks you through each step. Funding (retitling assets into the trust) is the step most often skipped by template factories and the most common cause of Heggstad petitions later.

Schedule a Plan Design Meeting with Bob.

Bob reads the documents you bring, listens to your situation, and gives you a written recommendation and fee estimate. The first meeting is the Plan Design Meeting.

Schedule a meeting(408) 247-0444