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What if the answer to aging well at home isn't an expensive caregiver --- but a college student in the spare bedroom? In this episode, host Kirsten Howe sits down with Alison Donnally, founder of JoeyCo and a healthcare innovation veteran of Amazon Care and Kaiser Permanente. After three of her own family members experienced major health events while aging alone, Alison asked a question that wouldn't let go: if the au pair system gives American families relatively affordable live-in childcare, why isn't there an equivalent for older adults? Her answer is JoeyCo, which matches older adult homeowners ("hosts") with screened, vetted local students ("Joeys") who rent a room in the home and work for the household --- groceries, dog walks, trash cans, and the everyday help that keeps life running.

Together, Kirsten and Alison break down what makes these arrangements actually work: the legal structure behind every match in California, the clear expectations set before anyone moves in, and the simple communication habits that keep small issues from ever turning into big ones. They also explore the deeper reason this model resonates: as we age, our world tends to get smaller. A little help --- and a little company --- can push it back open.

Time-stamped Show Notes: 0:00 Introduction 0:30 Kirsten's focus for this episode series: not living longer, but living better --- all the way to the end. 1:05 Meet Alison Donnally, founder of JoeyCo, with a background spanning Amazon Care, Kaiser Permanente, the NFL, Tuck, and Wharton. 1:40 The concept in a nutshell: older adult "hosts" get affordable help at home, and student "Joeys" get a place to live and a job. 2:42 Alison shares the personal inspiration --- three family members, aging alone for very different reasons, each experienced a major health event. 3:25 "These are not healthcare things that are happening to my family members, until it is something that is healthcare." 3:50 The aha moment came from the au pair system: why not affordable live-in support for older adults, too? 4:52 How it works in California: lodging agreements, household employment rules, and keeping the complexity on JoeyCo's side. 6:45 Who becomes a host? Often women aging alone with an extra bedroom and a desire to help solve the housing crisis. 7:30 Another common host: a household where a family member is the caregiver for someone with dementia or a chronic condition. 8:05 Every match starts with one question: what would make this host come alive? 8:47 Kirsten's theater-line story --- Joeys aren't caregivers, but getting to a play matters, too. 9:45 Even chit-chat in line adds vibrancy to a life that can start to feel smaller with age. 10:21 "One by one, we lose our friends." Why JoeyCo is more than a business transaction. 11:42 Did you know? A room-for-chores swap isn't legally compliant in California --- every match takes two agreements: monthly rent from Joey to host, and biweekly W-2 payroll from host to Joey. 12:56 The house manual covers the roommate stuff up front: Wi-Fi passwords, fridge shelves, and clear expectations. 13:30 Weekly look-ahead meetings keep payroll accurate and schedules in sync --- flexibility requires communication. 13:55 The bathroom fan story: handling the little things before they become big things.

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In Part 1, host Kirsten Howe and real estate agent Nathan Jines of Jines Real Estate Group talked about why more people 55 and up are choosing to relocate --- and how to make that choice on your own terms. Now, in Part 2, they get into the how. Nathan's first piece of advice flips conventional wisdom on its head: if you're financially able, buy your next home first, start living your new life, and let a full-service team handle the sale behind you --- decluttering, staging, repairs, negotiations, all of it, even from across the country. He shares how bridge lenders make buying first possible, why his East Coast clients never have to come back, and the lesson his own parents learned on their way to a happy new life in Portugal.

Kirsten and Nathan also explore what buyers in this stage of life are really looking for --- community and connection first --- including the story of clients who traded a 2,500-square-foot Oakland home for a 1,000-square-foot condo on Yerba Buena Island and gained the city lifestyle they'd been dreaming of. The through line: your health and peace of mind matter more than any house sale.

If you missed Part 1, start with Episode 207 --- then come back for the practical playbook.

Time-stamped Show Notes: 0:00 Introduction 0:40 To kick things off, Kirsten asks the big logistical question: if you own a house and want to buy another, what comes first? 1:05 Nathan's answer flips conventional wisdom: if you're financially able, purchasing first and knowing where you're going is exponentially better than selling first and moving twice. 1:40 A lesson from Nathan's own family --- his parents moved into an Airbnb first, and his stepdad later admitted he wouldn't have tried to sell their belongings; he would have just donated them. Today, they're happily settled in Portugal. 2:30 Did you know? Bridge lenders can use your current property as collateral to help you move into your next place. 3:00 Selling completely remotely --- Nathan's clients move to the East Coast and never come back. His team handles clearing out the house, staging prep, painting, landscaping, and inspections, while sellers review contracts, sign documents, and make decisions from anywhere. 4:10 Kirsten's takeaway: as the seller, you don't have to stick around if it doesn't work for you. 4:40 Why moving first makes the new life real: when you're spending time with the grandkids or relaxing by your new pool, you're not thinking about that old couch you've had for 30 years. 6:40 Some clients want to be hands-on with the decluttering, and the timeline is theirs, even if it takes six months to empty every closet. 7:15 Nathan's guiding principle: the mental and physical health of the person matters more than any house sale. 7:50 The emotional side of leaving --- for some, not being there to watch the furniture leave a 30-year home is much better emotionally. 9:30 Next, Kirsten and Nathan discuss trends in what 55-plus buyers are looking for—number one: people need relationships and community, whatever that looks like for them. 10:15 From 2,500 square feet to 1,000, one of Nathan's clients traded a Redwood Heights home full of wonderful things for a brand-new Yerba Buena Island condo with no garage, and got the San Francisco city lifestyle they wanted in their 60s. 11:30 "Lighten your life" --- Kirsten's word for the trend: get rid of things, get rid of obligations, and free yourself from the need to repair the roof while still owning your own place.

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When most of us picture an older adult moving out of a long-time home, we imagine a crisis — declining health, a loss of independence, a move someone else decided was necessary. This episode is about the opposite. Host Kirsten Howe welcomes back real estate agent Nathan Jines of Jines Real Estate Group to talk about homeowners 55 and up who are choosing to relocate — not because they have to, but because they want to. Nathan explains why this is his favorite group to work with, and why the most important question isn't "where should I go?" but "what do I want this next phase of my life to look like?" Whether the answer is a view, a 1930s Mediterranean in Berkeley, or simply being closer to the grandkids, the move finally gets to be about you. Kirsten also flags the good half of Prop 19 — the chance for California homeowners to take their property tax base with them when they move.

If you or someone you love is starting to think about a move later in life, on your own terms, this conversation is for you.

Time-stamped Show Notes: 0:00 Introduction 0:40 Kirsten frames today's topic — relocating by choice, not out of necessity. This isn't about people moving into assisted living or a child's home for care; that's a different conversation for another day. 1:45 Who this episode is for — people 55 and up with good health who want a change. 2:50 The good half of Prop 19 — in California, relocating can let you take your property tax base with you, which gives real freedom to people in this stage of life. 3:25 Why 55-plus is Nathan's favorite group to work with — at this stage, you don't have to move; you GET to, and the goal is to design the lifestyle you want for the next phase. 4:30 The most important first question isn't where to go — it's what you want your next phase to look like and what excites you. 6:10 Moving to be near the grandkids — and the Texas "barndominium" one couple built after traveling out several times, buying land, and creating a home with all the features of a house that still qualifies as a barn. 8:15 Only move because it excites you — you no longer have to relocate for a job, a new baby, or the schools. The decision finally gets to be about the life you want. 9:05 Listen for more details about how Nathan takes the pressure off a big, stressful move — his goal is to help clients explore what's right for them at their own pace. 10:00 Try before you buy — connect with a local agent and rent an Airbnb to "try on" a location, even one nearby. He shares a Berkeley client weighing city life in Rockridge against suburban Lafayette. 11:10 Don't forget the commute — Nathan shares a story about a client who moved to San Jose just as his company called everyone back to the office, and grew tired of the hour-and-a-half drive. 12:05 Next, Kirsten and Nathan discuss the most daunting part — getting out of a home full of belongings, and why you don't have to do it alone.

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In this episode of Absolute Trust Talk, managing attorney Kirsten Howe shares an estate planning miss that has nothing to do with your documents — the literal, physical mess we tend to leave behind. Drawing on years of trust administration experience, Kirsten explains what really happens when one child is named trustee and inherits the job of emptying a home filled with decades of belongings: stalled home sales, frustrated siblings, and inheritances delayed by months. She also shares the story of a daughter trustee who nearly hauled a box of "trash" to the dumpster, only to find $2,500 in cash tucked inside. Her advice is refreshingly hands-on: start sorting through your own things now, one closet and one room at a time, so the people you love aren't left to do it for you.

Time-stamped Show Notes: 0:00 Introduction 0:35 Kirsten introduces today's miss — this one isn't about what your documents say, it's about something you yourself can do, starting now. 1:05 The scenario she sees constantly: one child is named trustee, the family home is full of decades of belongings, and it can't be sold until it's cleared out — a job that typically lands on that one child. 1:55 A lose-lose bind: the other siblings often won't help, yet they'll complain if the trustee spends estate money to hire a professional to do it. 2:15 Why an inheritance can take six months instead of two — the first three months may go just to emptying the house. 3:05 Pro Tip: Start now, one closet and one room at a time: even Kirsten admits to three closets and three dressers of clothing she hasn't touched in years. 3:50 You don't have to do it alone — enlist a child or a friend, trade off helping at each other's homes, or hire a professional. 4:28 A cautionary tale: a daughter trustee, overwhelmed by boxes of old tax returns, bank statements, and decades-old books, nearly called for a dumpster — until she found $2,500 in cash in a box she assumed was trash. 5:40 The bottom line: take the job on now. Every bit you do eases the load on the child you've chosen as trustee, helps your kids get along after you're gone — and you might even enjoy revisiting old memories along the way.

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In this episode of Absolute Trust Talk, managing attorney Kirsten Howe tackles a quietly common source of family conflict: parents giving money to their adult children without documenting whether it's a gift or a loan. Drawing on years of trust administration experience, Kirsten shares a real family story where canceled checks sparked a bitter dispute among siblings after their parents passed, and she walks through the simple documentation steps that could have prevented it. She also addresses a second pitfall most families overlook: when a loan is properly documented up front but the repayment activity isn't tracked, leaving trustees with no way to know how much, if anything, is still owed.

Time-stamped Show Notes: 0:00 Introduction 0:35 Kirsten kicks off today's topic: what happens when parents give money to their adult children without documenting it — and why those transfers can become a problem after the parents pass. 1:05 A trend Kirsten has noticed: Bay Area parents helping adult children with home down payments—a generous move that can create complications during trust administration if it's not well documented. 1:55 Issue #1: Was it a gift or a loan? The first question Kirsten's firm runs into when reviewing a trust is the financial history. 2:15 A real family story: parents quietly helped one daughter with several checks during a rough patch. After the parents passed, the other siblings dug up the canceled checks and called them loans — and the family fight was on. 4:15 The takeaway: document it. Whether it's as simple as writing "gift" on the memo line, adding blanket gift language to your trust, or having a signed promissory note for a loan, make your intent clear in writing. 5:30 Issue #2: The loan was documented properly — a real promissory note, signed and everything — but that was years ago, and now nobody knows what's been paid back. 7:05 The fix: keep good records on both sides. A simple spreadsheet for the lender, canceled checks or equivalent for the borrower — without it, the trustee may have to assume nothing was repaid. 8:00 Why family loans need to be treated like business: the love and trust between parent and child don't survive the parent's death, and the next person at the table may see things very differently. 8:45 The bottom line: if money is moving between you and your child, document it like a business deal — so your family doesn't end up litigating it years later.

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In this episode of Absolute Trust Talk, managing attorney Kirsten Howe tackles one of the most common — and commonly overlooked — estate planning scenarios: what happens when one spouse inherits money, assets, or real estate after a joint trust is already in place. Kirsten breaks down the difference between separate and community property in California, explains why adding inherited assets to a joint trust doesn't change their character but does affect who controls them, and walks through the two practical solutions her firm recommends. She also reveals a lesser-known complication: that even when a trust document grants one spouse sole trustee authority over a separate property account, the financial institution may not honor it, and why that matters more than most clients realize.

Time-stamped Show Notes: 0:00 Introduction 0:43 Kirsten kicks off today's topic: what to do when one spouse inherits significant assets while the couple already has a joint trust in place. 1:30 A quick primer on California community property law — what qualifies as separate property, what doesn't, and why it matters for this conversation. 2:20 The common scenario: a couple has a joint trust covering all their assets, then one spouse receives a big inheritance. What now? 3:05 Here's what surprises most people: adding separate property to a joint trust doesn't change its legal character. It's still yours. But there's a catch. 3:50 The catch: a joint trust has two co-trustees, and trust-held property typically requires both signatures — meaning your spouse now has a hand in decisions about your inheritance. 4:45 One solution many clients choose: a standalone separate property trust just for the inherited assets, where you're the only trustee — fully in control, no co-signature required. 5:30 Did you know? You can title an inherited account within a joint trust as one spouse's separate property — but whether your financial institution will honor that is a different question entirely. 6:10 The fine print: even if your trust document names you as the sole trustee of a specific account, your bank's legal department may still require both spouses to sign. 6:55 The bottom line: before adding separate property to a joint trust, ask yourself two things — do you want full control, and what will your financial institution actually allow?

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In this episode of Absolute Trust Talk, managing attorney Kirsten Howe tackles one of the most overlooked practical challenges in estate planning: making sure your loved ones have access to cash immediately after you die. Kirsten walks through why the most common account structures — trust-held accounts, individually owned accounts, and pay-on-death designations — all come with delays that can leave families unable to cover urgent expenses, such as funeral and burial costs. She then breaks down the one strategy that actually works, adding a trusted co-owner to a small joint checking account, and explains the legal implications of joint tenancy and right of survivorship that every family needs to understand before going this route. Kirsten also explains why keeping the account balance modest matters and why leaving a written statement of intent is essential when there is more than one beneficiary.

Time-stamped Show Notes: 0:00 Introduction 0:43 Why having cash readily available immediately after death is a problem many families don't anticipate. 1:30 Yes, you can prepay for funerals, burials, and cremations — but this episode focuses on those who haven't done that. 2:15 How trust-held accounts work at death: the successor trustee gains access, but only after a death certificate is obtained — which can take two to three weeks. 3:10 Accounts held in your own name are even slower. Why? The law requires a 40-day waiting period before anyone can access them. 4:00 Pay-on-death beneficiary accounts also require a death certificate, making them similarly slow in a time-sensitive situation. 4:45 The joint account strategy: adding a trusted person as a co-owner gives them immediate access — no death certificate required. 5:50 Did you know? When you add someone to an account, and you die, that account legally belongs to the co-owner through right of survivorship. 7:00 Why this strategy still works in practice: most families handle it correctly, but the key is the conversation — and keeping the account balance modest. 8:10 If you have more than one child or beneficiary, it's important to document why you added one person to the account so there are no surprises. 9:00 The cash-at-home option is possible but not recommended due to security and safety risks. 9:30 The bottom line: a small joint account with a trusted co-owner is the most reliable way to make cash available immediately after death.

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That timeshare you've been putting off dealing with? It could become a probate headache for your family. In this episode of Absolute Trust Talk, managing attorney Kirsten Howe breaks down the two types of timeshares — traditional deeded ownership and modern points-based systems — and explains why both need to be addressed in your estate plan.

She walks through what's involved in transferring a timeshare to your revocable living trust, why it matters to act while you're alive, and what really happens when a timeshare is left unaddressed after someone dies — including the possibility of probate in multiple states. Plus, she covers your real options for getting out of a timeshare and the scams to watch out for along the way.

Time-stamped Show Notes: 0:00 Introduction 0:43 To get things started, Kirsten highlights why timeshares matter in estate planning. 1:15 What is a timeshare? Deeded real estate ownership that is shared with other families. 2:38 Points-based timeshares are a modern alternative in which you purchase annual points rather than owning real estate. 3:18 Transferring a timeshare to your revocable living trust requires contacting the resort company and retitling the property. 4:44 Did you know? When your timeshare is in Florida, Hawaii, or another state, you need a deed prepared by someone licensed in that state. 5:30 The big miss: What happens when clients put off dealing with their timeshare, and it's left unaddressed after they die? 7:10 Even if your California trust is set up perfectly, out-of-state timeshare real estate can trigger probate in each jurisdiction. 8:15 The other miss: Why many clients say buying the timeshare was the real mistake—rising fees, declining use, and no easy way out. 9:53 Your exit options: give-back programs, selling on the resale market, and why you probably won't recoup your original investment. 10:58 Unsolicited calls offering to help you get rid of your timeshare are a red flag. 11:15 The charity myth: why donating your timeshare to charity isn't the easy solution people think it is.

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In this episode of Absolute Trust Talk, managing attorney Kirsten Howe continues her estate planning misses mini-series by tackling custodial accounts and 529 education plans. While these accounts are incredibly popular for saving for children, most people don't realize a critical legal distinction: you don't actually own them. This misconception leads to a costly problem when account owners die without proper succession planning.

Kirsten shares real cases from her practice where families ended up in probate court—spending thousands of dollars in legal fees just to access money intended for their children's education. The good news? This problem is completely avoidable with one simple form at your financial institution. Kirsten walks through exactly what you need to do for existing and new accounts, plus provides a bonus warning about donor-advised funds with similar risks.

Time-stamped Show Notes: 0:00 Introduction 1:10 What custodial accounts are and how they work—an adult manages money that legally belongs to a child 1:45 Age limits for custodial accounts in California: children can access the money at 18 or 25 2:15 Understanding 529 education accounts and why contributions are considered gifts 2:45 The common misconception clients have about 529 accounts: thinking the money is still theirs when, legally they've given it away 3:33 Where the trouble starts when a custodian or 529 owner dies without proper succession planning 4:15 The probate court reality: families need court intervention to fix these problems even without a full probate 5:00 The costly consequence of missing this planning step: spending thousands to access thousands 6:04 The simple solution is designating a successor owner for 529 accounts using forms from your financial institution 6:45 How to protect custodial accounts by designating alternate custodians 7:15 Action step for existing accounts: call your financial institution to verify you've designated successors 8:00 Donor-advised funds present similar succession planning challenges 8:21 Final reminder: talk to your financial advisor about donor-advised funds to ensure you've dotted all the I's and crossed all the T's

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We've reached a huge milestone here at Absolute Trust Counsel—drum roll, please—the launch of our 200th Absolute Trust Talk episode! What started as an idea while driving down the road after a guest appearance on a financial advisor's radio show has become a trusted resource for thousands of listeners over the years. Kirsten's dream was always to have a platform where she could share the expertise of smart professionals she knows—financial planners, accountants, insurance experts, and fellow attorneys—with anyone who could benefit from their knowledge, and to explore the myths, misconceptions, and commonly overlooked estate planning details. From all of us at Absolute Trust Counsel, we want to say THANK YOU! We are deeply grateful to everyone who watches, listens, comments, subscribes, and shares our slice of the airwaves.

And speaking of commonly overlooked details, in this celebratory episode, Kirsten continues her "Estate Planning Misses" series by tackling Health Savings Accounts. While HSAs offer valuable tax benefits, there's a simple estate planning step most HSA owners completely overlook—and skipping it could create unnecessary tax bills and legal headaches for the people you leave behind.

Kirsten explains why naming a beneficiary on your HSA is essential, what happens if you don't, and the critical difference between how spouses and non-spouses are treated. Unlike IRAs, non-spouse beneficiaries face an immediate tax hit that wipes out the account's value.

Time-stamped Show Notes: 0:00 Introduction 2:06 Kirsten's vision for educating listeners through expert knowledge 3:28 The pandemic pivot to video and thank you to the audience 5:27 Introduction to the Estate Planning Misses series 5:45 What Health Savings Accounts are and who qualifies for them--you need a high-deductible health insurance plan to participate 6:42 The tax advantages that make HSAs attractive: pre-tax contributions and tax-free spending on medical expenses 7:12 Why HSAs typically don't hold large amounts--the 2026 contribution limit is $4,400 for individuals, and balances roll over year to year 7:42 How HSAs are similar to IRAs: pre-tax money, annual contribution limits, and special treatment for surviving spouses 8:12 The critical difference: when non-spouse beneficiaries inherit an HSA, they immediately owe income tax on the entire balance--unlike IRAs 8:47 Why you must designate a death beneficiary on your HSA, even though it's not a large account 9:17 The spouse advantage: married HSA owners should always name their spouse as beneficiary to avoid tax consequences and legal complications 9:52 Making it easier for your executor or trustee: why proper beneficiary designation simplifies estate administration 10:17 The action step: if you have an HSA, check whether you've named a beneficiary--and if you haven't, you can do it today

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A new client recently asked Kirsten a question that resonated: "What can we do so we don't face the same pushback I did when my mom's bank wouldn't accept her power of attorney?" It's a frustration many families face—you have all the right documents, but when it's time to use them, banks and institutions push back.

In this quick-tips episode, Kirsten Howe explains why powers of attorney are the most problematic basic estate planning document—not because they're poorly drafted, but because they require acceptance from a third party who doesn't know you to trust that your agent is legitimate. She walks through the bank's perspective on why they hesitate, and shares practical strategies to make sure your documents actually work when you need them most, including re-signing your POA periodically, keeping assets in your trust, and filling out your bank's own power of attorney form.

Time-stamped Show Notes: 0:00 Introduction 1:24 The client question that inspired this episode: "What can we do to avoid the hassle I had with my mom's power of attorney?" 1:52 To get things started, Kirsten talks about what a power of attorney is and how it should work. 2:28 Next, let's discuss why powers of attorney are the most problematic estate planning document 3:18 The bank's perspective: Why financial institutions push back even on legally valid documents 4:09 Kirsten's own experience challenging powers of attorney—why healthy skepticism is prudent 6:15 Re-sign your power of attorney every year or two to keep it fresh and current 6:45 Keep assets in your trust—banks respond more favorably to successor trustees than POA agents 7:45 For accounts outside your trust, consider adding your child as a signer 8:00 Fill out your bank's own power of attorney form—they can't question their own paperwork

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Federal Medicaid cuts have dominated the news cycle, but there's a California-specific change that's barely getting attention—and it could blindside thousands of current Medi-Cal recipients. Starting again in 2026, the state is reinstating asset limits for Medi-Cal long-term care coverage, a requirement that was eliminated just two years ago.

In this episode, estate planning attorney Kirsten Howe unpacks what this means if you or someone you love relies on elderly or disabled Medi-Cal benefits. She explains the $130,000 asset threshold, which assets remain exempt, and why your 2026 annual eligibility report could jeopardize your coverage.

Time-stamped Show Notes: 0:00 Introduction 0:02 What's getting lost in the headlines: California's quiet asset limit reversal versus the federal Medicaid funding cuts everyone's talking about 1:56 Understanding MAGI Medi-Cal: the income-based coverage created under the Affordable Care Act for lower-income Californians 2:17 Why long-term care Medi-Cal is different—and why the returning asset test only affects elderly and disabled recipients 3:16 Back to strategic planning: what the 2026 deadline means for anyone hoping to qualify for Medi-Cal in the future 3:35 Kirsten walks through the exempt asset list—your home, vehicle, prepaid funeral arrangements, burial plot, small life insurance policies, and retirement accounts like IRAs and 401(k)s 4:55 The annual report risk no one is discussing—how your 2026 eligibility filing could trigger a coverage loss 5:36 You qualified then, but will you now? Why meeting past requirements won't protect current Medi-Cal recipients under the new rules

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In this episode of Absolute Trust Talk, Kirsten Howe returns with the latest development in the ongoing O.J. Simpson probate saga. Over 18 months after his April 2024 death, headlines announced that the executor of O.J.'s estate had "agreed to pay" the Goldman family close to $58 million—but what does that actually mean?

Kirsten breaks down the reality behind the sensational headlines, explaining what happens when an executor accepts a creditor's claim versus actually paying it. With O.J.'s estate valued at just $1-2 million against a $58 million accepted claim, she reveals who really gets paid first in probate and why the Goldmans may see almost nothing despite "winning." Tune in for a real-world lesson on why probate takes so long and how creditor claims actually work.

Time-stamped Show Notes: 0:00 Introduction 0:45 Key lesson #1: O.J. died in April 2024, and over 18 months later, his probate is still ongoing—proof that probate takes a long time 1:30 The headline that grabbed attention: "Executor agrees to pay $58 million to the Goldman family" 2:00 Listen in as Kirsten provides some background on the Goldman family's 1997 civil judgment of $33 million against O.J. for the deaths of Ron Goldman and Nicole Brown Simpson 2:45 Next, let's discuss how the judgment grew to $117 million with nearly 30 years of accumulated interest, and the creditor's claim was filed in July 2024 3:30 What really happened: The executor accepted the claim at $58 million (disputing the interest calculation), but this doesn't mean writing a check 4:15 The reality check: O.J.'s estate is worth only $1-2 million—nowhere near the $58 million claim 4:45 Key lesson #2: Who gets paid first in probate—executors, attorneys, court fees, and expenses come before any creditor claims 5:30 Why the headline was misleading and what this case teaches us about probate and creditor claims

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Can Bitcoin actually function as real money—and is it destroying the planet? In Part 3 of our cryptocurrency series, host Kirsten Howe continues her conversation with Jirayr Kembikian, CFP® and Managing Director of Citrine Capital, to answer these critical questions. Jirayr systematically breaks down the seven properties that define ideal currency—durability, divisibility, portability, verifiability, scarcity, established history, and ease of use—then compares Bitcoin against both the U.S. dollar and gold. Bitcoin outperforms the dollar on almost every measure and beats gold in critical areas like portability and verifiability. You'll discover why no one can walk into Fort Knox to verify reserves, how Bitcoin's network validates itself every 10 minutes, and why the fixed supply cap means higher prices can never inflate availability (unlike gold mining).

But the real surprises come when Jirayr addresses Bitcoin's environmental critics. Learn how mining operations now capture harmful methane from landfills and gas flaring, why Bitcoin uniquely utilizes stranded energy that nothing else can access, and how 55% of the network runs on renewable power—advancing clean energy in unprecedented ways. The conversation extends to Bitcoin's profound social impact: providing financial access to over a billion unbanked people worldwide and offering economic freedom to those living under authoritarian regimes. From Block (formerly Square) integrating Bitcoin into millions of point-of-sale terminals to El Salvador's adoption as legal tender, Bitcoin is moving from investment vehicle to functional currency faster than most realize.

Time-stamped Show Notes: 0:00 Introduction 1:38 Breaking down what makes "good money"—the seven research-backed properties of ideal currency compared across Bitcoin, gold, and the dollar. 3:05 Gold's fatal flaw: incredibly heavy and expensive to transport across countries, while Bitcoin enables instant, costless transfers worldwide. 5:18 Start listening now to learn more about why Bitcoin's 21 million supply cap is unchangeable. 5:51 The track record gap—gold's thousands of years of proven use versus Bitcoin's 15-year history remains its biggest weakness. 6:49 Survival needs drive Bitcoin adoption in the Global South, whereas in the West, it is adopted as a store of value. 8:58 Block (formerly Square) just integrated Bitcoin into millions of point-of-sale terminals—a massive shift for real-world payments. 10:17 The merchant advantage: significantly lower fees plus immediate settlement, versus waiting days for credit card deposits. 11:00 Lightning Network explained—designed for fast, cheap, everyday transactions rather than long-term value storage. 12:00 The ESG dilemma—energy consumption concerns initially kept sustainably-focused investors away from Bitcoin. 12:50 The surprising discovery: Bitcoin mining operations now capture harmful methane from landfills and gas flaring, actively reducing emissions. 15:31 How Bitcoin mining accelerates renewable energy—co-location with solar and wind projects makes them profitable sooner while eliminating transmission costs. 15:47 Financial freedom for billions: over 1 billion unbanked people gain access to banking, while those under authoritarian regimes escape government financial control.

Get in touch with Jirayr! Managing Director & Co-Founder Citrine Capital CitrineCapitalAdvisors.com jirayr@citrinecapitaladvisors.com 415.494.8262

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Ready to own Bitcoin but not sure where to start? In Part 2 of our cryptocurrency series, host Kirsten Howe continues her conversation with Jirayr Kembikian, CFP® and Managing Director of Citrine Capital, to break down the three distinct ways to acquire and hold Bitcoin—each with its own unique trade-offs. Jirayr walks through everything from Bitcoin ETFs (the easiest and most familiar option) to exchange custody and self-custody, explaining why he believes "the only wrong answer for Bitcoin allocation is zero." He reveals the critical phrase Bitcoin purists use—"not your keys, not your coins"—and why understanding custody matters for your financial security. You'll discover why Bitcoin-only exchanges are safer than multi-crypto platforms, learn about the estate planning risks of keeping Bitcoin on exchanges, and understand why a 2-3% allocation keeps you market neutral. Perhaps most surprising: you don't need $112,000 to get started. Bitcoin is divisible into 100 million Satoshis, meaning you can start with as little as $10 through dollar-cost averaging. Whether you're considering your first Bitcoin purchase or evaluating your current approach, this episode provides the practical guidance you need to make informed decisions about cryptocurrency ownership.

Time-stamped Show Notes:

0:00 Introduction

1:58 Bitcoin ETFs approved last year—the easiest approach using familiar brokerage accounts.

2:57 ETF advantages: Clean titling for trusts, beneficiary designations, and zero complexity beyond buying and holding.

3:58 ETF trade-offs: Not actual Bitcoin in your possession, custodial risks, and varying expenses depending on the fund.

4:41 Buying Bitcoin on exchanges—the historically most common method before ETFs existed.

5:23 Critical recommendation: Bitcoin-only exchanges minimize attack vectors compared to multi-crypto platforms.

6:23 Exchange custody risks: Customer lockouts, poor service, theft, and loss of funds plaguing the space.

7:22 The worst form of ownership: Keeping Bitcoin on exchanges presents maximum vulnerability.

7:54 "Not your keys, not your coins"—the phrase that defines Bitcoin security philosophy.

8:35 Estate planning dangers: Exchanges often restrict account titling and lack beneficiary options.

10:00 Self-custody—the superior method that requires responsibility and practice, like learning to drive.

10:45 The wallet analogy: Cash in your possession versus cash floating in cyberspace at the bank.

11:15 Self-custody advantages: Complete control means only you have access to your Bitcoin.

11:45 Self-custody risks: Lost passwords mean lost Bitcoin forever with no password reset option.

12:35 How Citrine Capital has allocated Bitcoin since 2020 for clients who didn't opt out.

13:56 Surprising reality: Most clients use ETFs despite self-custody being theoretically superior.

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Did you know that 1 in 7 Americans now own Bitcoin? If you've been curious about cryptocurrency but don't know where to start, this episode is for you. Host Kirsten Howe sits down with Jirayr Kembikian, CFP® and Managing Director of Citrine Capital, to demystify Bitcoin and explain why it's fundamentally different from every other cryptocurrency on the market.

In this conversation, Jirayr introduces his "three buckets" framework for understanding the crypto landscape and explains how Bitcoin's fixed 21 million supply cap, national debt concerns, and unlimited money printing are driving unprecedented adoption. He reveals the shocking truth that almost a third of all dollars ever created were printed in just the last five years, and why Bitcoin's proof-of-work system makes it the most secure computer network in the world. Whether you're a complete beginner or have been crypto-curious for years, this episode provides a grounded, practical perspective on what Bitcoin is, why it matters, and what it could mean for your financial future. This is Part 1 of our cryptocurrency series—stay tuned for upcoming episodes on how to own, acquire, and store Bitcoin safely.

Time-stamped Show Notes:

0:00 Introduction

1:43 Why Bitcoin exploded over the last decade, built on decades of failed projects before launching in 2009.

2:45 Why everyone gets Bitcoin wrong at first—it requires understanding math, cryptography, engineering, and energy simultaneously.

3:43 The "three buckets" framework: Bitcoin (hardest money with 21 million cap), stablecoins (dollar-pegged), and all other crypto (centralized authorities that can negate transactions).

6:03 What backs Bitcoin: How proof-of-work energy consumption secures the network and makes it the most secure computer network in the world.

7:34 Other cryptocurrencies' harsh reality: Constant hacks, downtime, and mysterious blockchain reversals.

7:46 The economic pressure driving Bitcoin adoption: National debt over $30 trillion makes printing money mathematically inevitable.

10:21 The jaw-dropping stat: Almost a third of all dollars ever created were printed in the last five years.

11:03 Basic economics: Growing demand meets Bitcoin's fixed supply that cannot increase.

11:31 Preview: How to own, acquire, and store Bitcoin—covered in upcoming episodes.

11:51 Bitcoin's transparent 100-year distribution schedule fixed in code versus unpredictable dollar printing.

12:18 The halving cycle: Every four years, new Bitcoin supply gets cut in half, creating scarcity by design.

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California is quietly bringing back asset limits for Medi-Cal long-term care coverage in 2026, and current recipients could be in for a devastating surprise. Here's what's happening: California eliminated asset limits for elderly and disabled Medi-Cal recipients in 2024, but those limits are returning in 2026. If you currently receive long-term care Medi-Cal benefits, when you submit your annual eligibility report next year, you could lose your coverage if your assets exceed the new limits.

In this critical episode, estate planning attorney Kirsten Howe explains the $130,000 asset limit returning for single individuals, why 2025 is your last opportunity to transfer assets without penalties, and the difference between regular Medi-Cal and long-term care Medi-Cal coverage. She also covers exactly which assets will count against you, which are exempt, and essential planning strategies to protect your benefits before the deadline.

Time-stamped Show Notes:

0:00 Introduction

0:02 Federal vs. state changes: distinguishing between well-publicized federal Medicaid cuts and California's hidden asset limit reversal

1:56 MAGI Medi-Cal breakdown - how Obamacare's expanded coverage works for healthy, low-income individuals

2:17 The crucial distinction: long-term care Medi-Cal covers far more than basic health insurance, serving elderly and disabled populations

3:16 Planning becomes essential again - why future Medi-Cal eligibility will require strategic asset management

3:35 Listen in as Kirsten explains more about exempt assets that may include a house, car, prepaid funeral, burial plot, small life insurance, and retirement accounts

4:27 Currently, 2025 offers no asset limits, exempt status for all assets, and penalty-free transfers

4:55 Next, Kirsten talks about the annual report trap that could devastate current recipients in 2026

5:36 Qualified yesterday, disqualified tomorrow: how current beneficiaries risk losing coverage despite meeting past requirements

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Episode Credits The Absolute Trust Talk podcast is brought to you with the help of Q2Mark, led by Chief Marketing Officer Susie Hays. Since 2016, Q2Mark has partnered with Absolute Trust Counsel on all marketing communications—from brand development and website design to this podcast series with over 192 episodes, social media management, video production, and more. If you're business owner looking for comprehensive marketing support, visit Q2Mark.com.

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In the final episode of our comprehensive healthcare planning series, Kirsten and Ariana tackle one of the most misunderstood areas of healthcare planning: life-ending decisions. This episode cuts through the confusion to deliver clear, factual information about California's End of Life Option Act, the strict requirements for assisted suicide, how passive and active euthanasia differ, and why many people don't actually qualify for the options they think exist. You'll also learn how California compares to other states and what alternatives exist internationally. Whether you're planning for yourself or helping a loved one understand their options, this episode provides essential information about one of life's most difficult decisions. Knowledge is power—especially when it comes to maintaining control over your final chapter.

Time-stamped Show Notes:

0:00 Introduction

1:09 Three categories of life-ending decisions explained: assisted suicide, passive euthanasia, active euthanasia

2:12 Passive euthanasia defined - withdrawal/withholding of life-sustaining treatment (legal in California)

3:07 What is active euthanasia? Many people don’t realize it’s not legal in the United States

3:39 California's End of Life Option Act (2016) - medical aid in dying requirements

4:49 Strict eligibility requirements: terminal illness (6 months or less), California residency, cognitive capacity, physical ability

5:02 The three-request requirement: two oral requests 48 hours apart, plus one written, witnessed request

6:29 Physician responsibilities and the right to decline participation

7:35 California vs. Oregon comparison - residency requirements and waiting periods

9:37 Geographic distribution of assisted suicide laws across the United States

10:29 Active euthanasia discussion - the dementia dilemma and client concerns

11:40 European options for active euthanasia: Belgium, Luxembourg, the Netherlands, and Spain legal frameworks

13:27 Practical considerations for California residents seeking international options

15:12 The importance of knowledge and control in end-of-life planning

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In this all-new episode of Absolute Trust Talk, Kirsten Howe and Associate Attorney Ariana Flynn explore a refreshing change of pace: a celebrity estate plan that appears to have been well-structured and executed effectively. Following the July 22, 2025, passing of heavy metal legend Ozzy Osbourne, his $230 million estate seems to be transitioning smoothly without probate litigation or family disputes.

The hosts examine what the Prince of Darkness did right, from clear beneficiary designations to keeping valuable intellectual property assets within family control. They also dive into the complex international tax implications for dual US-UK citizens and reveal why sometimes giving heirs direct access to their inheritance can reduce litigation risk. Tune in for expert insights on estate planning strategies that work, whether you're managing millions or thousands, and discover how proper planning can keep your family united and out of court.

Time-stamped Show Notes:

0:00 Introduction

1:54 Here’s what we know about the Osbourne family: Sharon, six children from two marriages, and a $230 million estate consisting of music royalties, TV show income, real estate, and other assets.

3:05 Learn why "no news is good news" in estate planning and what it means when there's no immediate courthouse litigation.

4:35 Discover the first key estate planning strategy: setting clear beneficiary designations and why leaving assets directly to family members can prevent future legal battles.

6:06 Explore the importance of centralized family leadership and how Sharon's role as longtime manager creates continuity in asset management.

7:10 Understand why name, image, and likeness are valuable assets that require careful management, especially for public figures.

8:21 Dive into the complex world of international estate taxes for dual citizens and learn about the dramatic differences between US and UK estate tax exemptions.

10:05 Examine how the UK's £375,000 estate tax exemption (approximately $435,000) affects even "regular" wealthy families.

10:52 Key takeaways from Ozzy's estate planning success for creating effective and protective estate plans.

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In this second episode of their comprehensive healthcare planning series, Absolute Trust Talk hosts Kirsten Howe and Ariana Flynn tackle the critical medical orders that work alongside your legal documents: DNR (Do Not Resuscitate) orders and POLST (Physician Orders for Life Sustaining Treatment) forms. Unlike the legal documents discussed in Part 1, these are doctors' orders that emergency responders must follow—but only if they can see them. The attorneys reveal the shocking legal reality that paramedics are required to perform CPR on anyone they find unconscious unless they have a valid DNR order in hand. They explain why POLST forms are printed on hot pink paper (it's a genius design for emergency visibility), where to keep these life-saving documents so they're accessible when seconds count, and why you need both medical orders AND legal documents working together. This episode could save your life by ensuring your emergency medical wishes are honored when you can't speak for yourself.

Time-stamped Show Notes:

0:00 Introduction

1:15 DNR (Do Not Resuscitate) explained - emergency medical protective orders for EMS

2:33 Who can sign DNR orders, and how they become part of your medical record

3:25 The paramedic dilemma - why emergency responders MUST perform CPR unless they see a DNR

4:28 The "lying on the sidewalk" scenario that reveals the shocking legal requirement

5:00 Why your DNR needs to be accessible - it's not tattooed on your forehead

5:45 Where to get DNR forms and the California Medical Association resource

5:58 POLST forms explained - going beyond DNR with comprehensive medical orders

8:21 Real-world POLST placement in assisted living and skilled nursing facilities

8:54 Why these are doctors' orders, not legal documents, attorneys can prepare

9:15 The essential combination - why you need DNR, POLST, AND healthcare directives working together

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In this episode of Absolute Trust Talk, host Kirsten Howe and associate attorney Ariana Flynn tackle one of the most misunderstood aspects of estate planning: advanced healthcare directives. This is part one of a comprehensive three-part series covering end-of-life and healthcare planning. The attorneys break down the two critical legal documents every adult needs, regardless of age or wealth. They explain why everyone 18 and older must have an Advanced Healthcare Directive, revealing the shocking truth that parents lose all legal authority over their adult children's medical decisions the moment they turn 18. The discussion also covers California-specific HIPAA requirements that could invalidate your documents if not properly formatted, including the surprising rule about 14-point font requirements. This episode provides essential information that could protect you and your loved ones when it matters most, offering clarity on the difference between legally binding authority and personal wishes in healthcare planning.

Time-stamped Show Notes:

0:00 Introduction

2:47 Understanding the Advanced Healthcare Directive - one of the "big four" estate planning documents.

3:57 Why everyone 18+ needs this document, regardless of wealth.

4:29 Did you know? Healthcare directives are temporary and revocable.

5:29 Listen in as Kirsten and Ariana discuss a critical distinction between legally binding authority and personal wishes.

6:05 Understanding HIPAA releases and federal privacy laws.

7:08 Start listening now to learn about California's extra requirements that could invalidate your documents.

9:15 Have you done this homework in your estate planning journey?

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In the compelling finale of this three-part insurance series, host Kirsten Howe and insurance expert Dean Myers tackle the coverage that keeps business owners up at night—cyber insurance. Dean shares fascinating real-world stories, from ransomware attackers offering customer service hotlines to disgruntled employees planting digital "time bombs" in company systems. You'll discover why this isn't just another insurance policy but essential business survival protection that covers everything from system failures to deepfake fraud. Dean reveals the surprising realities about whether companies should pay ransoms, how insurers use "white hat" attacks during applications, and why Silicon Valley startups are outpacing traditional insurance giants. If you think your business is too small to be targeted or that basic IT protection is enough, this episode will be a wake-up call you can't afford to ignore.

Time-stamped Show Notes:

0:00 Introduction

1:12 What is cyber insurance, and why it's the broadest coverage for such esoteric risks?

1:48 The comprehensive scope: system failure, ransomware, business email compromise, business interruption, contingent business interruption, and forensics coverage.

2:15 Why cyber claims require hiring attorneys, CPAs, forensics experts, claims adjusters, and legal counsel, unlike traditional workers' comp claims.

2:45 The two key reasons carriers provide such broad coverage: rapid system restoration at the lowest cost and mandatory industry claim reporting.

3:48 How cyber insurance provides both first-party and third-party coverage, protecting you when you accidentally send infected emails to clients.

4:37 Real-world business email compromise: When hackers send fake invoices to your clients from compromised email accounts.

5:10 Why cyber attacks almost always originate overseas in countries with lax cybersecurity laws and accountability.

5:37 Will cyber insurance pay ransoms, and when is it appropriate?

6:42 Real claim story: How a tired CPA two days before tax season fell for a phishing email with a partner's name containing just one extra letter

8:25 Why paying ransoms creates a "bull's eye on your back" and marks you as a repeat target for extortionists.

11:06 Cyber insurance qualification requirements, why multi-factor authentication is now absolutely mandatory across all carriers.

12:15 "White hat" mock attacks: How insurers test your system vulnerabilities during the application process using the "open parking spot" analogy.

14:41 Insider sabotage case study: Bay Area law firm manager discovers her job posted on LinkedIn, teams up with IT brother-in-law for revenge.

15:53 The emerging deepfake threat, how voice cloning technology is creating new fraud risks for fund transfers.

16:25 Protection strategies: Using "trip questions" with personal knowledge to verify client identity during suspicious calls.

17:12 The AI counterbalance: How artificial intelligence may help prevent cyber claims in the future.

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Most professionals know they need insurance, but many don't realize their general liability coverage has significant gaps when it comes to professional services. In this episode of Absolute Trust Talk, host Kirsten Howe continues her conversation with Dean Myers, owner of Core Insurance Agency, to explore errors and omissions insurance—specialized coverage designed specifically for professional liability risks. Discover which professions beyond doctors and lawyers should consider E&O coverage, including architects, engineers, accountants, and contractors who incorporate design elements into their work. Learn what actually drives malpractice claims (hint: it's often administrative issues rather than technical errors), how premium costs vary between specialties, and what "tail coverage" means for your long-term protection. Whether you're evaluating your current coverage or exploring professional insurance for the first time, this conversation offers practical insights to help you understand your options. This is Part 2 of our business insurance series—our next episode will cover cyber liability coverage.

Time-stamped Show Notes:

0:00 Introduction

1:06 What is E&O insurance, and why do professionals need specialized coverage beyond general liability?

3:57 Why E&O is standalone coverage excluded from all other policies, and why you need a specialist broker to obtain it.

4:13 How premium costs vary dramatically based on practice area - why patent and intellectual property lawyers pay more than estate planning attorneys.

5:04 International patent claims require specialty counsel charging far more than standard insurance defense rates, driving up premium costs significantly. Here’s what you need to know.

6:00 Medical malpractice reality: why dermatologists pay less than obstetricians, and why anesthesiologists face high premiums due to drug access.

7:00 The surprising truth: over 50% of legal malpractice claims are purely administrative failures, not technical errors.

7:58 Real claim example: lawyer's failure to appear in Los Angeles County court from Santa Barbara - distance and backup planning matter.

8:44 Why lawyers excel at risk management by staying in their lanes and being selective with clients.

9:37 How ER physicians are paid per patient visit, creating potential conflicts between volume and quality of care.

12:03 The contractor design trap: why general contractors who design staircases, handrails, or balconies face uncovered exposures.

13:31 How contractors win bids by offering design services but create massive liability gaps their standard coverage won't protect.

14:43 Tail coverage explained: protecting your retirement from claims that surface years after you close your practice.

15:15 Picture yourself on a beach in Fiji, five years after retiring, when a claim surfaces from your past work-tail coverage protects you.

16:08 Good news about tail coverage: no applications required, elect the coverage when you retire.

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In this episode of Absolute Trust Talk, California estate planning attorney Kirsten Howe examines the explosive trust dispute erupting over Jimmy Buffett's $275 million estate. When the legendary Margaritaville songwriter passed away, he left his fortune in an irrevocable trust with his widow Jane Buffett and co-trustee Richard Mozenter managing the assets together. Now they're locked in competing estate litigation across Florida and California, each seeking to remove the other as trustee through costly court battles.

This high-profile celebrity estate case illustrates why co-trustees in estate planning often create more problems than solutions. Walnut Creek estate planning attorney Kirsten analyzes how a quarter-billion-dollar trust generating only $2 million annually raises serious trust performance red flags and reveals why 25% of estate planning clients make this same dangerous trustee selection mistake. The key estate planning lesson: co-trustees must agree on every trust administration decision, and when trustee disagreements arise, expensive estate litigation almost always becomes inevitable.

Time-stamped Show Notes:

0:00 Introduction

0:52 Jimmy Buffett left his $275 million estate in a trust managed by his wife Jane and co-trustee Richard Mozenter, but they're now locked in bitter legal warfare.

1:30 Legal battle erupts across two states as Richard sues Jane in Florida, claiming she's uncooperative, while Jane countersues in California, alleging he withholds financial information.

3:10 Why is a $275 million trust only generating $2 million annually for Jane, and can this income sustain the wealthy lifestyle she's maintained for decades?

4:35 Learn why co-trustees create inevitable disaster when two people must agree on every decision, and disagreements force expensive court intervention.

5:15 The simple solution that prevents family warfare - choose one trusted person instead of co-trustees to avoid years of costly litigation.

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Many business owners purchase insurance without truly understanding what they're buying or what critical coverage they might be missing. Host Kirsten Howe addresses this knowledge gap by welcoming Dean Myers, owner of Core Insurance Agency, to reveal the fundamental insurance coverage every business owner needs before opening their doors. Dean, who specializes in errors and omissions insurance for lawyers, accountants, doctors, and professional trustees, breaks down the three critical pillars of business insurance: workers' compensation, general liability, and property insurance.

As the first installment of a multi-part series, the focus centers on the absolute basics that form the foundation of any solid business insurance strategy. Dean demystifies workers' compensation requirements in California, explaining why it's legally mandatory even for part-time employees and how the no-fault system protects both employers and workers. The conversation explores the role of general liability insurance in protecting against third-party claims, encompassing a range of incidents, from slip-and-fall accidents to product liability issues. It explores the comprehensive coverage of property insurance, including business interruption and extra expense provisions. Whether you're a solo practitioner considering your first employee or an established business owner reviewing your coverage, the discussion provides crucial insights into protecting your business from day one.

Time-stamped Show Notes:

0:00 Introduction

2:12 Meet Dean Myers, founder of Core Insurance Agency and specialist in professional liability coverage.

3:04 Listen in to learn about the three non-negotiable insurance pillars every business needs, plus why California law demands workers' comp coverage even for your first part-time employee.

5:04 Workers' comp is identical across all carriers by law, but the "no-fault" system means injured employees can never sue you.

7:06 Did you know? Injured workers typically receive only two-thirds of their salary because insurance companies aim to incentivize their return to work.

9:27 Office workers pay vastly different premiums than construction crews, and your claims history can earn you substantial discounts or painful penalties. Here’s what you need to know.

10:02 Pro Tip: Insurance companies often offer free risk management consultations that many businesses overlook, potentially missing out on significant premium savings.

14:20 Next, Kirsten and Dean discuss understanding the difference between premises coverage and products liability, which can help you avoid accidentally choosing the wrong protection.

15:51 Property insurance covers everything from meteor strikes to water damage, but the real goldmine is business interruption coverage.

17:31 Business interruption pays your lost revenue and employees' salaries when disaster shuts you down, plus covers temporary facilities while you rebuild.

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In this episode of Absolute Trust Talk, host Kirsten Howe examines the estate complications following One Direction member Liam Payne's tragic death in Argentina in fall 2024. At just 30 years old, Payne left behind a $32 million estate—but no will. His complex assets include performance income, solo artist earnings, brand deals, music publishing rights, and venture investments. Without estate planning, his 8-year-old son Bear becomes the sole intestate heir, inheriting the full amount at age 18. Kirsten analyzes the cascading problems: massive probate fees (at least $376,000 in California), no designated asset management for the minor child, potential displacement of Payne's live-in girlfriend, substantial estate taxes on $18 million (a 40% rate), and no provisions for parents or siblings. This case illustrates how even young, successful individuals require comprehensive estate planning to safeguard their loved ones and preserve their wealth. The key lesson: don't die intestate—unexpected death can happen at any age, making proper planning essential for anyone with assets and people they care about.

Time-stamped Show Notes:

0:00 Introduction

0:57 Listen as we discuss the untimely passing of Liam Payne and his $32 million estate with complex assets and no will

2:16 While Liam is a citizen of the UK, we’re going to analyze his case as if it were under California law, and why probate is problematic for large estates

3:19 The massive cost of probate: $376,000+ in statutory fees alone for complex assets such as those like Liam’s

4:33 Estate Planning Lesson #1: No chosen asset management for minor child - court appoints ex-girlfriend and music lawyer

5:52 Estate Planning Lesson #2: 18-year-old inheritance age - few parents think this is appropriate for $32 million

6:35 Estate Planning Lesson #3: No provisions for other family members - parents, siblings get nothing

7:24 Estate Planning Lesson #4: Live-in girlfriend faces potential eviction with no inheritance rights

8:16 Estate Planning Lesson #5: Massive estate tax liability - 40% on $18 million could have been minimized

9:16 Key takeaway: Estate planning is essential at any age when you have assets and loved ones

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In this final installment of Absolute Trust Talk's international estate planning series, host Kirsten Howe concludes her conversation with estate planning specialist Janet Brewer, addressing one of the most common cross-border scenarios: U.S. citizens who own property abroad. Janet, with over 30 years of experience serving Silicon Valley's international clientele, explains why simply leaving foreign property to your US trust won't work, since most countries don't recognize trusts at all.

This episode highlights the crucial distinction between countries that recognize trusts (primarily former British colonies) and those that don't, and examines practical solutions, including the Hague Convention on International Wills and strategic "situs wills," which can prevent costly intestate succession. Janet shares how to navigate the complex process of probating wills in multiple countries and introduces listeners to STEP (Society of Trust and Estate Practitioners), an invaluable resource for finding qualified international estate planning professionals worldwide. Whether you've inherited a cottage in England, own investment property in India, or have family assets in China, this episode provides essential guidance for protecting your foreign holdings and ensuring your wishes are honored across borders.

Time-stamped Show Notes:

0:00 Introduction

2:27 Janet explains the fundamental problem: Most countries don't recognize trusts, making standard US estate planning ineffective for foreign property

3:04 Discover which countries DO recognize trusts: primarily former British colonies like England, while Germany, China, and France do not

3:08 Learn about the Hague Convention on International Wills - a treaty that allows properly formatted wills to be honored across participating countries

5:57 The reality check: Most clients have their primary assets in the US but own that "little pocket of assets" overseas

6:07 Janet walks through the practical challenge of having one original will needed in two different countries

7:03 Strategic will drafting: How to structure wills to handle both US trusts and foreign property distributions effectively

10:07 Why you MUST work with an attorney in the foreign jurisdiction - forced heirship laws and other local requirements can override your US planning

11:10 Meet STEP: The Society of Trust and Estate Practitioners - your go-to resource for finding qualified international estate planning professionals

12:53 How STEP membership requirements vary by country, with stricter vetting in the UK compared to more relaxed US standards

13:56 Closing thoughts and appreciation for the three-part international estate planning series

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In this second installment of Absolute Trust Talk's international estate planning series, host Kirsten Howe welcomes back estate planning specialist Janet Brewer to explore advanced strategies for families with cross-border connections. Building on their previous discussion of guardianship challenges, this episode focuses on critical tax considerations and financial hurdles faced by international families. Janet, a certified specialist with over 30 years of experience serving Silicon Valley clients, explains the unique tax opportunities available to visa holders with stock options and RSUs, which could result in savings of hundreds of thousands of dollars in estate taxes. The conversation reveals why appointing trustees who live abroad can trigger costly "foreign trust rules" and explores practical obstacles, such as banking restrictions, that complicate international wealth transfers. Janet and Kirsten also discuss the unexpected documentation requirements that can delay inheritance distributions to beneficiaries across borders, including the little-known "transfer tax certificate" that can hold up distributions for 6-9 months even when no tax is owed. Whether you're working in the US on a visa, have family members overseas, or are a US citizen living abroad, these expert insights could protect your hard-earned wealth from unnecessary complications and taxation.

Time-stamped Show Notes:

0:00 Introduction

1:22 Janet introduces a common scenario: Visa holders with stock options and RSUs who need specialized planning.

2:54 Did you know? US citizens enjoy a nearly $14 million exemption, while non-US domiciliaries face estate tax after just $60,000.

4:56 Discover the key "planning opportunity" for visa holders: Gifts of US stock aren't subject to gift tax, but the same stock in their estate would face up to 40% tax at death.

8:53 Janet explains the critical distinction between "residence" and "domicile" for tax purposes, and how visa holders can legally leverage this difference.

11:31 Find out why appointing a foreign trustee can trigger costly "foreign trust rules" that reduce funds available for beneficiaries.

13:42 Learn about the growing practical challenge of US banks refusing accounts for trustees who don't have US addresses.

16:17 Next, Kirsten and Janet discuss why hiring a US-based professional fiduciary might be the most cost-effective solution despite the emotional preference for family trustees.

18:49 Obtaining an ITIN (International Taxpayer ID Number) can delay distributions by months, another documentation hurdle that foreign beneficiaries face.

22:09 Janet shares a recent discovery about US citizens living abroad: their US assets require a "transfer tax certificate" that can take 6-9 months from the IRS, even when no tax is owed.

25:44 Here’s a workaround for the transfer tax certificate delay: Opening a probate proceeding can allow distributions to proceed more quickly.

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In this episode of Absolute Trust Talk, host Kirsten Howe welcomes estate planning specialist Janet Brewer to explore the unique challenges faced by immigrants and international families when planning for their future. Janet, with over 30 years of experience serving clients throughout Silicon Valley, brings her vast knowledge to address the specific concerns of non-resident aliens, visa holders, green card holders, and other international families with U.S.-based assets. As a member of the invitation-only Society of Trust and Estate Practitioners (STEP), Janet regularly prepares estate plans for foreign nationals who own property or live in the US and for US citizens who own property abroad. During this discussion, they examine the critical considerations for guardianship of minor children across international boundaries, practical solutions for emergency situations, and financial strategies to protect loved ones regardless of where they call home. The conversation highlights how international estate planning requires careful attention to both legal requirements and practical implementation across different jurisdictions.

Time-stamped Show Notes:

0:00 Introduction

3:41 Learn about the biggest concern for international clients: ensuring their children can return to family in their home country if something happens to the parents.

4:43 While California allows foreign guardians, it does vary by state.

6:40 Understand the critical distinction between technical jurisdiction and actual enforcement power when children leave California for another country.

7:54 Janet highlights that challenges with out-of-state guardianship exist even within the United States, creating similar concerns to those found in international guardianships.

9:41 Find out about temporary guardianship arrangements needed to bridge the gap when appointed guardians live far away.

11:51 Hear Janet's insightful perspective that international guardianship is "a question of degree, not difference" compared to distant domestic guardianships.

12:17 Start listening now to learn about potential complications when children are taken across borders without judicial approval.

14:31 Janet shares a clever software analogy to explain why trust documents need specific instructions for authorizing payments to guardians for travel expenses.

16:36 Discover why life insurance is a crucial financial solution for international families, providing quick liquidity without market timing concerns.

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In this episode of Absolute Trust Talk, host Kirsten Howe and associate attorney Jessica Colbert continue their discussion on estate planning during divorce proceedings with practical solutions. Following their previous episode on the potential problems that can arise if someone becomes incapacitated or dies during divorce, they now focus on preventative measures. The attorneys explain how to ensure your soon-to-be ex-spouse doesn't maintain control over your healthcare decisions or inherit your assets contrary to your wishes. They discuss the creation of new healthcare directives, powers of attorney, wills, and trusts—all while navigating the automatic temporary restraining orders (ATROs) that restrict asset transfers during divorce. This episode, part two of their divorce series, provides clear guidance on proper timing of estate planning updates during divorce to protect yourself legally before the process is finalized.

Time-stamped Show Notes:

0:00 Introduction

2:03 How to avoid having your spouse be responsible for you if incapacitated

2:26 Next, Kirsten and Jessica discuss options for those who have never created estate planning documents

2:48 What should you do if you already have documents naming your spouse?

3:16 Now, let’s talk about how to prevent your spouse from inheriting if you die before the divorce is final

5:23 What are the next steps for clients who already have a joint trust with their spouse?

6:07 Let’s clarify the importance of following trust-specific revocation methods and requirements during divorce

7:44 Finally, listen as Kirsten and Jessica talk about why accepting potential probate may be necessary and worth it

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In this episode of Absolute Trust Talk, host Kirsten Howe and associate attorney Jessica Colbert discuss critical estate planning considerations during divorce proceedings. They explore what happens if someone becomes incapacitated or dies while their divorce is still pending, revealing potentially unwelcome consequences if proper planning isn't in place. The discussion highlights how existing estate plans typically name a spouse as the primary decision-maker and beneficiary—a designation most divorcing individuals would want to change immediately. Without written estate plans, the situation becomes even more complicated, potentially requiring expensive and contentious conservatorship proceedings for incapacity or following intestacy laws upon death that would likely favor the soon-to-be ex-spouse. This episode, part one of a two-part series, emphasizes that you remain legally married until a judge finalizes your divorce, meaning all existing estate planning designations remain in effect unless proactively changed.

Time-stamped Show Notes:

0:00 Introduction

2:10 What happens if you become incapacitated during divorce with a written estate plan

2:52 The consequences of becoming incapacitated without a written estate plan during divorce

3:28 Brief explanation of the conservatorship process and why it should be avoided

5:03 What happens if you die before your divorce is finalized

5:12 Death without a written estate plan during divorce: intestacy and its complications

6:29 How existing written estate plans remain in effect until the divorce is finalized

6:48 The bottom line: You remain legally married until a judge says otherwise

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In this episode of Absolute Trust Talk, host Kirsten Howe examines the estate complications following Richard Simmons' death in July 2023. She details the ongoing legal dispute between Simmons' brother Leonard (named trustee) and Teresa, his housekeeper of 30 years who briefly served as co-trustee before a contested resignation. The conflict centers around approximately $1 million in personal property—primarily jewelry—that Teresa allegedly took when evicted from Simmons' home. While Teresa claims Simmons gifted her the jewelry in 2014, Leonard argues documentation proves otherwise. Kirsten extracts three valuable lessons: first, avoid naming co-trustees, especially in complex estates where a professional trustee would be more effective; second, document valuable lifetime gifts to prevent future disputes; and third, include specific provisions for non-owner residents in your estate plan to prevent eviction complications. This case study highlights how proper estate planning can prevent family conflicts, protect valuable assets, and ensure thoughtful treatment of longtime household members after death.

Time-stamped Show Notes:

0:00 Introduction

1:30 Meet the central figures in this estate drama: Teresa, the housekeeper, vs. Leonard, the brother.

2:05 From co-trustee to eviction, let’s talk more about the shocking timeline after Simmons' death.

3:15 The million-dollar mystery: where did Richard Simmons' valuable jewelry disappear to?

4:20 Next, we’ll discuss the number one estate planning lesson this case reveals: why co-trustees can transform estates into battlegrounds.

5:45 Estate Planning Lesson #2: Gifting jewelry? Why documentation might be your best accessory

6:30 And last but not least, estate planning lesson number three, the critical provision that could have prevented a housekeeper's eviction.

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In this all-new episode of Absolute Trust Talk, Kirsten Howe and her associates, Jessica Colbert and Ariana Flynn, delve into the complex estate battle surrounding the late San Diego Padres owner, Peter Seidler. The MLB team finds itself at the center of a legal dispute as Seidler's wife, Sheel, contends with his brothers over control of the franchise. With allegations of breached trust, fraud, and self-dealing, the case highlights the intricacies of estate planning for high-net-worth individuals and the potential pitfalls of ambiguous or informal documentation. While largely speculation, the conversation also explores the crucial role of trustee selection and the challenges of navigating ownership agreements in the context of professional sports. Tune in for expert insights on safeguarding your legacy, minimizing the risk of litigation, and ensuring your estate plan is as airtight as your favorite team's defense.

Time-stamped Show Notes:

0:00 Introduction

1:08 To kick things off, let’s dive into the complex estate battle of the late San Diego Padres owner, Peter Seidler. Listen in for a discussion of how Seidler's wife, Sheel, takes on his brothers in a heated legal fight to control the MLB team.

1:20 Breached trust, fraud, and self-dealing - the hosts break down the allegations and their implications for estate planning.

3:00 Next, let’s examine the role of the Padres' "control person" and how it complicates the case and its potential outcome.

4:06 The function of a trustee is vital in estate planning. Here are some tips on how to avoid family feuds and ensure impartiality in estate administration.

7:05 Learn how Major League Baseball's unique ownership regulations can complicate estate planning for team owners.

7:59 Handwritten wills and informal estate documents: Why they often lead to legal disputes and how to avoid them.

9:12 Tune in now for what you need to know about recognizing the importance of following proper legal procedures to ensure estate plans are legally sound and enforceable.

10:36 Gain insights into how emotional reactions and unexpected human behavior can significantly impact estate disputes and learn strategies to mitigate these risks.

11:03 Key takeaways from the Padres' estate battle for creating effective and resilient estate plans.

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In this episode of Absolute Trust Talk, Kirsten Howe, managing attorney at Absolute Trust Counsel, and associate attorney Jessica Colbert examine the estate of beloved actor Gene Hackman. They meticulously analyze the available court records from Santa Fe County, New Mexico, and contrast them with California's probate procedures. The attorneys skillfully debunk sensationalized headlines about Hackman's will, explaining the mechanics of pour-over wills and why media claims about his children being "cut out" are potentially misleading. While much of the discussion is speculation, they provide valuable insights into how proper estate planning anticipates contingencies like beneficiaries predeceasing the trustor. This episode demonstrates why understanding the difference between public court filings and private trust documents is crucial for anyone planning their estate.

Time-stamped Show Notes:

0:00 Introduction

2:39 Unraveling the court filings: What exactly was submitted in Santa Fe County after Gene Hackman's death?

3:46 Who is Julia Peters, and how did she become the personal representative of Hackman's estate?

5:00 California vs. New Mexico: Next, let’s dive into how "informal probate" creates a dramatically different process.

7:03 Separating fact from fiction: What headlines get wrong about Hackman's estate planning.

8:05 "His children are cut out." Here, Kirsten and Jessica debunk the sensational claims about Hackman's will.

10:00 The unexpected twist: What happens when a primary beneficiary predeceases the trustor?

11:44 The mysterious "GEBE" trust is revealed. Listen in as Kirsten and Jessica explore Hackman's power of appointment.

13:32 Why Hackman's true wishes may remain private forever - Unless litigation changes everything.

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In this episode of Absolute Trust Talk, host Kirsten Howe continues her valuation discussion with expert Alex Spaete from Bridge Forensic CPAs, exploring the intricacies of asset valuation. The discussion focuses on how privately held assets are valued, particularly examining discount factors applied to LLC interests based on control limitations and marketability constraints. Alex explains how family dynamics influence valuations, especially when implicit control exists despite limited ownership percentages. The conversation covers valuation approaches for unusual assets like promissory notes and accounts receivable, with Alex sharing real-world examples, including commercial rag manufacturing and Weather Derivatives. This show highlights why professional valuation expertise is essential when dealing with complex assets during estate planning, business transitions, or divorce settlements.

Time-stamped Show Notes:

0:00 Introduction

2:48 Diving back into the discussion, Alex breaks down the two main components of discounts: control factors and liquidity considerations that affect final valuations.

4:10 Here, we explore how operating agreements significantly impact valuation and what control considerations you should be aware of.

4:49 Gain insights on the fascinating impact of family dynamics on valuations, mainly how they come into play in divorce scenarios.

8:17 Find out whether the IRS requires taking discounts when available and the tax implications of valuation choices.

11:06 Alex explains the complexities of valuing promissory notes and how changing interest rates can dramatically affect their worth.

12:27 Before signing off, you must hear more about Alex's most interesting case studies, including an unusual rag-making business and complex weather derivatives.

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In this insightful episode of Absolute Trust Talk, host Kirsten Howe welcomes Alex Spaete, a valuation expert and partner with Bridge Forensic CPAs. In part one of their discussion, Kirsten and Alex explore the complex world of asset valuation, particularly focusing on closely held businesses and real estate holding partnerships. Alex explains why valuing private entities requires specialized expertise beyond what's needed for bank accounts or publicly traded securities. The discussion clarifies the critical distinction between owning a percentage of a business entity versus owning the underlying assets themselves. Alex details the two primary approaches to valuation—net asset value and income analysis—and how they apply to different types of business structures. Whether you're planning your estate or simply curious about business valuations, this episode provides valuable foundational knowledge about how professionals determine what complex assets are truly worth.

Time-stamped Show Notes:

0:00 Introduction

3:14 To kick things off, we talk about why asset valuation matters in estate planning, particularly for complex assets.

4:35 Next, Alex explains his focus on closely held companies and non-publicly traded entities.

6:24 Now, we will dive into common valuation scenarios, particularly for privately held businesses and real estate holding partnerships.

8:02 Listen here for an explanation of real estate holding partnerships and how they differ from direct property ownership.

11:07 Learn about understanding net asset value as a critical starting point for business valuation methodologies.

12:54 Discover the important concept of discounting in valuations and why the sum of parts may not equal the whole value.

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In this episode of Absolute Trust Talk, host Kirsten Howe welcomes real estate expert Nathan Jines from Jines Real Estate Group, Keller Williams, to discuss the complexities of selling real estate in a probate or trust administration. When a homeowner passes away, managing the sale of their property presents unique challenges, from family dynamics to market positioning. Nathan shares firsthand insights on navigating these transactions while ensuring a smooth process for grieving heirs.

Key takeaways include the importance of professional guidance, how family relationships impact the selling process, and strategies for maximizing property value. Nathan also highlights real-world examples, including a recent case where pre-sale improvements increased a home's sale price by nearly double. If you’re handling a loved one’s estate or considering future planning, this episode provides invaluable insights on protecting assets and ensuring a successful sale.

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Few things are as nerve-wracking as receiving an IRS audit notice—but how do audits really work, and what can you do to protect yourself? In this episode of Absolute Trust Talk, Kirsten Howe sits down with Anthony Kim, a former IRS Chief Counsel Attorney with 26+ years of experience, to reveal the truth behind IRS audits. Tony, who has litigated complex tax cases for the U.S. Treasury Department and represented Fortune 500 companies and high-net-worth individuals at Ernst & Young, shares insider knowledge on what triggers audits, the IRS selection process, and how to avoid common red flags. You’ll learn why IRS audits are rarer than you think, the top mistakes taxpayers make, and why choosing the right representative—CPA or tax attorney?—could make or break your case. Plus, Tony drops a little-known IRS tip that could save you from missed notices and financial headaches. Don’t leave your financial future to chance! Listen now to get expert advice on navigating an IRS audit with confidence.

Time-stamped Show Notes:

0:00 Introduction

0:57 Meet Anthony Kim: Former IRS Chief Counsel Attorney & tax expert

3:42 What triggers an IRS audit? Common red flags explained.

6:28 Whistleblower reports and third-party mismatches—how they lead to audits

7:46 The truth about audit risk: How rare are they, really?

8:43 Step one: How the IRS contacts you—don’t fall for scams!

10:00 The one IRS form every taxpayer should file after moving

11:00 The biggest mistake taxpayers make—what NOT to say in an audit

15:32 The worst-case audit scenarios and how to avoid them

16:49 Why even a low-risk audit could turn into a criminal case

17:24 Who should represent you in an audit? CPA vs. tax attorney debate

21:38 What happens at the end of an audit—how decisions are made

22:47 How to challenge an IRS audit decision and file a protest letter

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Intro Summary] In this follow-up episode of Absolute Trust Talk, host Kirsten Howe welcomes back tax law expert Tony Kim to continue their deep dive into IRS audits and appeals. With 26 years of experience working for the IRS, Tony provides invaluable insights into what happens after an audit determination is made. He explains the role of a protest letter, how appeals officers function as mediators, and why IRS litigation can be risky for taxpayers. Throughout the episode, Tony emphasizes the importance of organization, professionalism, and strategic decision-making when dealing with the IRS. He also shares real-world examples of how cases are resolved at different stages of the appeals process. If you're facing an IRS audit or just want to understand your rights, this episode is packed with essential knowledge.

Time-stamped Show Notes:

0:00 Introduction 1:33 The protest letter: Here’s what you need to know about how it challenges IRS decisions. 4:20 Appeals officers vs. revenue agents—who decides your case? 6:16 The power of appeals—why 90% of cases never reach court. Here’s why. 8:50 Tax Court vs. District Court: Listen in as Kirsten and Tony discuss the key differences and taxpayer options. 10:44 The IRS attorney’s role—can they make things better or worse? 14:31 Next, Tony is sharing important strategies for working effectively with the IRS—what really works? 19:38 How do you determine what to look for when selecting the right tax attorney? Tune in for key considerations. 23:37 Final advice—why staying engaged in your case is crucial!

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In this episode of Absolute Trust Talk, hosts Kirsten Howe and Jessica Colbert delve into the latest twist in O.J. Simpson’s long-running estate saga. The estate’s executor has taken an unexpected step by filing a lawsuit against one of Simpson’s heirs, claiming that a key Las Vegas property was secretly transferred out of the estate’s control. As they speculate on the case, the hosts examine the potential motives behind this action—such as the strategic use of an LLC and homestead exemptions—and the significant implications for addressing Simpson’s mounting debts, including those owed to the IRS. With a thorough exploration of the executor’s critical role in managing and safeguarding estate assets, this episode is a powerful reminder of the complexities and repercussions of poorly executed estate planning. Whether you’re drawn to high-profile legal drama or seeking insights to protect your legacy, this discussion provides valuable lessons for anyone navigating the intricate world of estate administration.

Time-stamped Show Notes:

0:00 Introduction

0:38 O.J.’s executor files a lawsuit against his son, Justin, alleging that a scheme was used—via an LLC—to shift ownership of O.J.’s Las Vegas home.

1:44 Next, Kirsten and Jessica dive into the discussion of the executor’s responsibility to marshal assets, ensuring funds return to the estate, and an explanation of why attorney and administrative fees come before creditor and beneficiary payments.

4:18 Do you know about the Homestead Exemption? Listen in to explore how homestead exemptions protect home equity and their potential impact in this case.

6:06 Here, the discussion shifts to whether forming an LLC was a tactic to shield the property from IRS claims and the implications of such a move.

6:45 Finally, Kirsten and Jessica analyze the uncertainty surrounding Justin’s actions and the possible motives behind the alleged asset transfer.

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In this episode of Absolute Trust Talk, host Kirsten Howe and associate attorney Jessica Colbert explore the critical steps in getting a will admitted to probate. They explain why lodging an original, properly executed will with the county superior court is essential, and how witness testimony can authenticate the document. They also examine the pitfalls of relying on a photocopy—or finding out too late that the original has been lost or destroyed. Finally, they underscore the importance of keeping your estate documents organized to avoid future probate headaches. If you’re preparing your first will or need to update an existing one, don’t miss this critical conversation on ensuring your final wishes stand up in court.

Time-stamped Show Notes:

0:00 Introduction

0:40 When lodging the original will, did you know that you must submit the current wet-signed will to the county superior court (not an older or photocopied version).

1:48 Next, Kirsten and Jessica discuss how an attestation clause (witness statements under penalty of perjury) helps ensure the will is recognized by the court.

3:45 If your will is holographic (entirely handwritten), it requires an additional step: someone familiar with the testator’s handwriting must confirm its authenticity.

6:37 If only a photocopy exists, the court may suspect the original was revoked or destroyed—making it crucial to keep track of the original.

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In this episode of Absolute Trust Talk, host Kirsten Howe and associate attorney Jessica Colbert continue their deep dive into probate fundamentals by focusing on wills. They clarify what makes a will legally valid, why a handwritten (or “wet ink”) signature is still required, and how witnesses play a key role in safeguarding the document’s authenticity. They also explore the differences between a holographic will and the more formal, witnessed variety. This insightful conversation offers a clearer view of one of the most essential components of the probate process.

Time-stamped Show Notes:

0:00 Introduction

1:24 Jessica defines a will as a written, hand-signed document created by the testator. 2:16 Next, Kirsten and Jessica discuss how a testator who cannot physically sign may use a mark or direct someone else to sign on their behalf. 2:36 Did you know just how important witnesses are in validating a will? Also, in California, an ink signature is still required. 3:14 Finally, Kirsten and Jessica explain holographic wills (fully handwritten) versus standard wills (requiring witnesses).

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In this episode of Absolute Trust Talk, Kirsten Howe and Associate Attorney Ariana Flynn shine a light on the often misunderstood world of probate. They discuss why estate planners typically seek to avoid probate, the situations that make it unavoidable, and the key role of the personal representative—whether executor or administrator—in guiding the process. By exploring how the court appoints someone to oversee an estate, they underscore the importance of having a well-crafted plan in place. If you’ve ever wondered about the nuts and bolts of probate or questioned whether your own estate plan is up to date, this episode offers valuable clarity and peace of mind.

Time-stamped Show Notes:

0:00 Introduction

0:20 To get things started, Kirsten and Ariana explain why probate can be so costly and time-consuming and reveal why it’s still sometimes necessary—especially when someone has passed away or become incapacitated.

1:44 Next, they address the common misconceptions surrounding probate and set the stage for this mini-series dedicated to probate basics.

2:20 Listen in as Kirsten and Ariana break down the role of a personal representative, clarifying how an executor differs from an administrator.

3:27 In this part of the show, they detail the formal process of becoming an executor or administrator, including the court petition requirements.

6:05 Finally, they explore the concept of a “special administrator,” explaining why this interim role might be needed in urgent circumstances.

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In this episode of Absolute Trust Talk, Kirsten Howe and Jessica Colbert discuss the ongoing Los Angeles fires and offer practical advice on how to help victims without falling prey to scams. From identifying legitimate charities to safely navigating crowdfunding platforms, they outline actionable steps to ensure your generosity has a real impact. The episode also highlights essential disaster preparedness tips, including safeguarding your pets during emergencies. We’re thinking of everyone and hope you all stay vigilant, give wisely, and can help make a meaningful difference in times of crisis.

Time-stamped Show Notes:

0:00 Introduction 0:53 To kick things off, we’re discussing why scams skyrocket during disasters and how to protect yourself while helping support others.

2:13 Next, we highlight actionable tips for identifying trustworthy organizations, avoiding unsolicited donation requests, and recognizing red flags in emails, texts, and calls.

5:18 Press play now to hear more about the risks of platforms like GoFundMe and how to verify campaigns to ensure your donations actually help the intended cause.

8:28 Listen in as Kirsten and Jessica talk about why financial donations are often the best way to help—and how to ensure your gift is tax-deductible and goes to legitimate causes.

10:03 Kirsten shares practical tips for pet owners, including microchipping and emergency planning, along with heartwarming stories of reunifications.

12:45 Our final call to action: Stay vigilant, protect your generosity from scams, and be part of the solution.

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If you’ve been following the news lately, chances are you’ve heard of Luigi Mangione, the man at the center of recent headlines for allegedly shooting UnitedHealthcare CEO Brian Thompson. While the criminal case has drawn widespread attention, what caught our interest is a surprising detail about Mangione's personal life: he’s reportedly listed as a beneficiary in his wealthy grandmother’s estate. Even more intriguing, the will allegedly includes a precatory clause—or “wish language”—suggesting that beneficiaries charged with a felony could forfeit their inheritance.

In this episode of Absolute Trust Counsel, host Kirsten Howe and attorneys Jessica Colbert and Ariana Flynn dive into the concept of precatory clauses, their potential legal implications, and what this could mean for Mangione. Don’t miss this fascinating discussion!

Time-stamped Show Notes:

0:00 Introduction

1:40 Unpacking Luigi Mangione’s Inheritance: Discover how Luigi Mangione’s grandmother’s estate entered the spotlight and why estate planners like us find it so intriguing.

2:25 Has anyone actually seen a copy of the will? We reveal what sources are saying and why there’s still plenty of missing information.

3:38 A term every estate planner (and beneficiary) should know is Precatory Language. We break down what it means and how it can affect your inheritance.

4:50 If you rely on non-binding language in your will, you could invite costly disputes among your heirs. Next, we explain how to avoid this pitfall.

6:48 With limited information available, we still offer insights into what might happen next with Luigi’s share—and how you can protect your own estate from similar issues.

7:22 Thanks for joining us on this deep dive into estate planning and real-life drama. We hope you enjoyed it and picked up tips for your own estate plan. Stay tuned for our next episode!

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Welcome back to Absolute Trust Talk for Part 2 of our exciting deep dive into estate litigation with our associate attorney and former litigator, Ariana Flynn! In this episode, we’re exploring the steps you can take to prevent challenges to your estate plan after you’re gone. Ariana shares valuable insights from her experience, including how writing explanatory letters to explain tough decisions and how receiving a neuropsych evaluation can also make a difference. We also discuss how working closely with your estate planner can help protect your wishes, with tips on handling co-trustees and ensuring your plan is rock solid. If you want to avoid potential litigation and secure your legacy, then this is an episode you won’t want to miss!

Time-stamped Show Notes:

0:00 Introduction

0:55 Should you be worried about someone disputing your estate plan? Here’s what our former litigator, Ariana has to say.

3:09 Completing a neuropsych exam could help if someone attempts to claim the decedent was mentally incapacitated. Listen in as we discuss.

4:52 When it comes to litigation, an attorney’s testimony is highly important. Tune in at this moment as we explain what you should do, as well as the extra precautions we take for you.

7:24 As estate planning attorneys, it’s our job to be as thorough as possible. Here’s a sneak peek of what that can look like.

7:51 Is having co-trustees really that bad? Ariana shares the truth about how this decision can leave a lasting impact.

10:08 We hope this episode was just as eye-opening for you as it was for us. Be sure to tune in next time!

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In this episode of Absolute Trust Talk, managing attorney Kirsten Howe welcomes associate attorneys Jessica Colbert and Ariana Flynn to discuss common issues in trust and estate litigation. Drawing from her experience as a litigator, Ariana highlights three major themes that often arise in family disputes over estates: undue influence, lack of capacity, and complex family dynamics. These challenges can lead to costly and emotional battles over a loved one's assets, making it crucial for individuals to understand the potential pitfalls. Tune in to hear valuable insights on how to navigate these difficult topics and prepare for the future. Plus, stay tuned for our next episode, where we’ll continue this crucial conversation!

Time-stamped Show Notes:

0:00 Introduction

1:30 Ariana starts us off by sharing the most common family litigation issues.

2:45 In this segment, we discuss the most common issue: Undue Influence—what is it and how does it happen?

5:58 Not all influence is considered undue influence. If you’re as curious as we were to discover where that line is, tune in here!

6:35 Another common issue we see is a lack of capacity. Press play here to find out how this can be a major issue in estate planning.

7:30 Anyone can file a lawsuit at any time. Keep an eye out for our next episode where we’ll explore the details of such a scenario.

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In this episode of Absolute Trust Talk, host Kirsten Howe welcomes back accomplished estate planning attorney and litigation expert Ruth Kohler Burke for part two of their deep dive into community vs. separate property in estate planning. Together, they unravel the complexities of property characterization and highlight how proper planning can save you from expensive, stressful situations. From intestacy horror stories to blended family challenges, Ruth shares real-world examples and valuable insights gained from her 25+ years of experience, including representing Fortune 500 companies. Whether you're managing family dynamics, navigating divorce, or ensuring your legacy, this episode provides actionable advice to help you avoid estate planning pitfalls.

Time-stamped Show Notes:

0:00 Introduction

1:10 Welcome back, Ruth Kohler Burke! We’re kicking off the conversation with why property characterization matters when someone dies without an estate plan.

2:31 Why is differentiating separate and community property from each other so critical? Understanding this distinction is key to effective estate planning.

5:09 What happens when a minor inherits property? Let’s dive into the complications and the role of guardianship.

6:20 Horror story: Avoid this estate planning nightmare! Listen as Kirsten and Ruth talk about an example of intestacy gone wrong and how it could have been prevented

7:50 Sometimes, separate and community property isn’t a simple black-and-white matter. Here’s what you need to know.

10:32 Key takeaway: Don’t die intestate—the essential advice to avoid unnecessary complications for your loved ones.

11:40 We hope you enjoyed this episode with our special guest, Ruth Koller Burke!

Get in Touch with Ruth!

Koller Herlihy LLP

http://www.khtrustlaw.com

Email: rkoller@khtrustlaw.com

Phone: (925) 954-1268

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In this episode of Absolute Trust Talk, host Kirsten Howe is joined by the accomplished Ruth Koller Burke, Partner at Koller Herlihy LLP, whose 25+ years of experience span estate planning, trust administration, and probate litigation. Ruth’s dual expertise as both an estate planner and litigator—gained through years of representing Fortune 500 companies and managing high-stakes family dynamics—brings an invaluable perspective to this discussion.

Together, Kirsten and Ruth dive deep into the complexities of community and separate property in estate planning. From clarifying what distinguishes assets owned before marriage from those accumulated together, to understanding the role of trusts and navigating pre- and post-nuptial agreements, they leave no stone unturned. Whether you’re planning for a first marriage, a blended family, or any unique scenario, this episode offers actionable advice to help you safeguard your legacy and avoid future complications.

Time-stamped Show Notes:

0:00 Introduction

1:28 Meet Ruth Koller Burke and learn how her dual expertise as an estate planner and litigator provides unique advantages for estate planning clients.

3:15 What’s the difference between community and separate property? Ruth and Kirsten explain these terms and why aligning estate planning with prenuptial or postnuptial agreements is critical.

5:20 How do prenuptial and postnuptial agreements influence estate planning? Get expert insights into how estate planners approach these agreements.

8:40 Second marriages and commingling assets can complicate estate planning—hear a real-world example of how to handle these situations effectively.

10:28 Should married couples have separate trusts, a community trust, or a mix? Ruth and Kirsten delve into this key question and offer tailored solutions.

13:12 Protecting separate property from being unintentionally commingled is crucial—press play for practical tips on keeping assets clearly defined.

16:38 Thank you, Ruth, for sharing your insights! Don’t miss the next episode, where Kirsten and Ruth dive into estate planning horror stories and how to avoid them.

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In this special Absolute Trust Talk episode, Kirsten Howe and associate attorney Jessica Colbert step into the captivating world of celebrity estates, taking a closer look at the probate of O.J. Simpson. Unlike traditional probates, where assets are distributed to heirs, O.J.'s estate paints a very different picture—one dominated by overwhelming debts, including a $117 million judgment. From the auctioning of memorabilia to an intriguing home equity dispute, this episode uncovers the complexities faced by executors in balancing creditors' claims and legal obligations. Whether you're a legal enthusiast or just curious about the challenges of high-profile estates, this episode is an entertaining and insightful dive into the world of probate law. Tune in to discover what happens when there’s nothing left for the heirs—and how even celebrity estates must follow the same rules as everyone else.

Time-stamped Show Notes:

0:00 Introduction

2:04 Learn about the executor’s efforts to auction O.J.’s personal belongings, from memorabilia to household items, and the challenges involved in organizing the sale.

3:34 Next, we dive into the details of the executor’s attempt to include home equity in the estate, despite complications involving a property jointly owned by O.J. and his son.

5:38 Discover the role of O.J.’s pour-over will and the trust it references, and why certain details of his estate remain private.

6:40 Kirsten and Jessica reflect on the unusual nature of this case and its educational takeaways, teasing more engaging episodes to come.

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Trustees, are you confident you’ve completed all your legal responsibilities? This final, crucial question is one every trustee should ask—but the answer is rarely simple. In this episode of Absolute Trust Talk, host Kirsten Howe and associate attorney Jessica Colbert delve into the often-overlooked legal notices trustees are required to send before making final distributions. They discuss the critical 120-day notice to trust beneficiaries and heirs, informing them of their rights to contest the trust. They also cover essential notifications to the Department of Health Care Services and the county assessor’s office. Missing these steps might seem minor, but they can lead to significant delays and legal complications. Tune in to learn more about these requirements and why addressing them early is essential for a seamless trust administration.

Time-stamped Show Notes:

0:00 Introduction

1:15 Picking up from our previous episode with the fourth and final question for trustees: “Have I done everything I’m required to do?”

2:00 Next, let’s explore the first of several common notices that trustees often overlook.

2:30 The 120-Day Notice to Beneficiaries and Heirs: Why this written notice is crucial and its specific language requirements.

3:38 There are beneficiaries, and then there are heirs. Here’s what you need to know about notifying each as a trustee.

5:00 Have you filed a notice to the Department of Healthcare Services? We discuss why it's an important step, even if you believe it doesn't apply.

6:30 If the decedent owned any real estate, you’ll need to submit this to the county assessor’s office. Listen in for more details.

7:10 The final takeaway: Ask the questions we covered today sooner rather than later to avoid complications.

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Being named a trustee is a significant responsibility that demands careful attention, time, and effort—and missing critical steps can lead to complex legal consequences. In this episode of Absolute Trust Talk, host Kirsten Howe and associate attorney Jessica Colbert delve into real-life cases where trustees overlooked essential duties. They discuss three crucial questions every trustee must ask before making final distributions:

Have I done everything necessary concerning income taxes?
Is there a supplemental property tax bill coming?
Do I need to provide an accounting to the beneficiaries?

With practical guidance on navigating these often-missed steps, Kirsten and Jessica equip trustees with the knowledge to handle their responsibilities smoothly and avoid personal liability. Whether you're a current trustee or might become one in the future, this episode is packed with essential insights you won't want to miss.

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A significant shift in California probate law is on the horizon, promising to make estate transfers more accessible for many homeowners. In this episode of Absolute Trust Talk, host Kirsten Howe and associate attorney Jessica Colbert delve into a game-changing legislation effective April 1, 2025. This new law allows for a simplified transfer of primary residences valued up to $750,000 to heirs—without the need for probate or a formal estate plan. They discuss how this expansion of the small estate affidavit and petition procedures can ease the burden on families, making property transitions faster and less complicated. Tune in to learn how these upcoming changes might impact you and your loved ones.

Time-stamped Show Notes:

0:00 Introduction

0:58 Discover how the 2025 revisions to the small estate affidavit could benefit you and streamline estate transfers.

3:10 Navigating Estate Transfers Under the New Law: Listen as we break down the process of how estate transfers will work with this legislative change.

4:00 Even with increased limits, a small estate affidavit option may not suit everyone.

5:20 Thank you for listening. We look forward to connecting with you in our next episode!

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In the third episode of their probate alternatives series on Absolute Trust Talk, host Kirsten Howe and associate attorney Jessica Colbert delve into two streamlined legal procedures that help families avoid the costly and time-consuming probate process when transferring small real estate estates in California. They explain an affidavit procedure for properties valued under $61,500 and a petition for determining succession to property for estates under $184,500. The discussion covers the requirements for each method, including waiting periods, the role of a probate referee, and when each procedure is applicable. This episode offers essential insights into navigating these simplified legal paths. Plus, stay tuned for a sneak peek into significant probate law changes coming in 2025.

Time-stamped Show Notes:

0:00 Introduction

0:55 A small estate affidavit only covers personal property. However, there is another way to bypass probate, even with property—listen in!

2:15 A small estate affidavit requires the appraised value of the property to be less than $61,500. Learn more about the requirements here.

2:52 What is a probate referee, why do you need to know, and who can be one?

4:22 Looking for a non-probate alternative that allows for an estate worth over the $61,500 threshold? Consider a succession petition.

7:24 We’re expecting legal changes next year concerning probate and personal residence.

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In this episode of Absolute Trust Talk, Kirsten Howe and associate attorney Jessica Colbert delve into the spousal property petition, a vital tool that offers a faster and more cost-effective way for surviving spouses to claim assets from a deceased spouse's estate. They break down the legal nuances, sharing practical examples of how this process works and how it can sometimes be used even after both spouses have passed away. With real-world scenarios and expert advice, this episode sheds light on probate alternatives that can ease the estate administration process for families. Whether you’re dealing with estate planning or curious about alternatives to probate, this episode offers invaluable guidance.

Time-stamped Show Notes:

0:00 Introduction

1:30 Spousal Property Petition Explained: Jessica introduces the spousal property petition, explaining how it helps surviving spouses claim assets while avoiding the complexities of probate.

3:15 Learn how a spousal property petition differs from a small estate affidavit, particularly with no asset value limits.

4:20 Jessica shares a case example where the petition was used by a surviving spouse’s representative, simplifying a complex estate situation.

6:00 Closing Thoughts: Kirsten and Jessica discuss their passion for solving complex cases like puzzles, and how their legal expertise helps families find the most efficient solutions.

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Navigating the probate process can feel overwhelming, so what if there was a way to avoid it entirely? In this episode of Absolute Trust Talk, associate attorney Jessica Colbert and managing attorney Kirsten Howe introduce the small estate affidavit—an often overlooked yet highly effective tool for bypassing probate when certain conditions are met. Together, they break down what it takes to qualify for this process, explain how it works to transfer personal property without court involvement and point out some important details and potential challenges. Don’t miss this insightful conversation that can make estate planning more manageable, quicker, and less stressful. Listen now!

Time-stamped Show Notes:

0:00 Introduction

0:45 Understanding the Small Estate Affidavit: What it is, how it works, and how it helps avoid probate.

2:20 Did you know? The total value of assets must be less than $184,500 to use a small estate affidavit.

3:12 Next, we’re discussing the eligible signers responsible for signing the small estate affidavit and ensuring compliance.

5:47 Don't forget this important document: A certified copy of the death certificate is essential to the process.

6:30 Can a bank refuse to honor a small estate affidavit? Discover what happens when an institution refuses and how to address it.

8:24 Thanks for tuning in! Next time, we’ll dive into another probate alternative, available only to surviving spouses.

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Welcome back to Absolute Trust Talk! In this exciting episode, associate attorney Jessica Colbert steps into the spotlight for the first time, accompanied by managing attorney Kirsten Howe. Together, they continue the series AB Trusts: Do You Have One? Do You Need One? This episode uncovers the surprising reason many couples have AB trusts without realizing it, and what steps you should take if you find yourself in this situation. You’ll also learn why it might be time to reconsider an AB trust, especially if you are the surviving spouse and want to make changes. Don’t miss out on this crucial discussion!

Time-stamped Show Notes:

0:00 Introduction

0:57 Many couples have an AB Trust structure and don’t even know it. In this segment, we explore why this situation is so common. 2:11 Here are two reasons why you may no longer need an AB Trust structure. 2:54 Thinking about updating your trust? The first step is to talk to your attorney. 4:00 An AB Trust only becomes “irrevocable” once a spouse dies, so it’s important to make any changes now while you still can. 4:52 Is "irrevocable" truly unchangeable? Listen as we explore what "irrevocable" means in practice and the options available to modify the trust.

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Welcome back to Absolute Trust Talk with Kirsten Howe and associate attorney Jessica Colbert! In this second episode of our AB Trust series, we dive into a vital question: Will your wishes truly be honored? While AB Trusts are a common estate planning tool for couples, they have potential challenges. One significant issue is when the deceased spouse's wishes are unintentionally—or even deliberately—overlooked or altered. Tune in as we explore how and why this happens and, more importantly, what steps you can take to ensure that your estate plan works exactly as intended.

Time-stamped Show Notes:

0:00 Introduction

0:20 Recap: A quick refresher on what AB Trusts are and why they’re such a critical part of estate planning for many couples.

1:07 Many couples believe their AB Trust fully protects their estate, but here’s why that might not be the case—and what you should look out for.

1:56 Concerned about how your trust will be managed after you’re gone? Discover key safeguards that can help protect your estate plan from unwanted changes.

2:48 When is it time to consider hiring a professional trustee? This segment breaks down the scenarios where expert help is essential.

3:23 The bottom line: Every estate plan is unique. Be sure to consult with your attorney to ensure your AB Trust is tailored to your specific needs and offers the right protections for your family.

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Married couples, is your AB trust still serving your needs, or has it outstayed its welcome? In this episode of Absolute Trust Talk, Kirsten Howe and associate attorney Jessica Colbert take a closer look at AB trusts, a once-standard estate planning tool. They discuss when an AB trust makes sense and when it might just add unnecessary complexity and cost. Tune in as they explain the key benefits of asset control after death, while also considering the downsides, such as tax filing requirements and maintenance expenses. Whether you're revisiting an existing trust or planning for the future, this episode offers practical advice to help you make informed decisions.

Time-stamped Show Notes:

0:00 Introduction

1:07 What exactly is an AB Trust? We break it down here.

2:47 Understanding how an AB Trust works. You may have heard it called something else.

4:18 Why might a surviving spouse want control over the decedent’s trust? Here's how AB Trusts make that possible.

5:35 The downsides of an AB Trust: from annual tax returns to high maintenance costs.

6:29 Could there be a simpler alternative? We discuss potential options.

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In this episode of Absolute Trust Talk, Kirsten Howe and associate attorney Jessica Colbert continue their in-depth discussion on selecting a successor trustee, with a focus on third-party options. They explore key considerations when choosing a licensed professional fiduciary, breaking down the advantages and potential drawbacks of this option. Additionally, they provide insights into other alternatives, such as corporate trustees. Whether you're making this decision for the first time or revisiting your estate plan, this episode offers practical advice to help you choose the best trustee for your unique needs. Tune in now for expert guidance!

Time-stamped Show Notes:

0:00 Introduction

0:40 What is a Third-Party Trustee? Kirsten and Jessica explain the role of third-party trustees, focusing on licensed professional fiduciaries and why they might be a great option for your estate plan.

1:53 Curious about the advantages of naming a licensed professional fiduciary as your trustee? This segment highlights the key reasons why it could be the right choice for you.

4:19 Every option has pros and cons—here’s what you need to consider when thinking about selecting a licensed professional fiduciary.

5:48 If family members or third-party trustees aren't ideal, there’s another route: corporate trustees. Learn why this might be a good alternative.

8:43 Key Takeaways in 60 Seconds: Pressed for time? Get the most important advice from this episode in just one minute.

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Are you considering naming a child as your successor trustee? In this episode of Absolute Trust Talk, host Kirsten Howe and associate attorney Jessica Colbert explore the pros and cons of selecting a child for this crucial role. They break down key factors, including whether to name one child or multiple children as co-trustees, and the potential challenges that can arise, from sibling dynamics to administrative complexities. Tune in to gain valuable insights and ensure you make an informed decision about your trust’s future.

Time-stamped Show Notes:

0:00 Introduction

1:45 What’s better—naming one or multiple children as your successor trustee? We discuss the pros and cons, starting with the advantages of naming just one child.

3:40 There are potential downsides to naming a child as your successor trustee.

5:42 After discussing the issues with naming just one child as trustee, here’s what to consider when naming multiple children as co-trustees.

6:55 Can siblings truly collaborate effectively as co-trustees? Hear our thoughts in this segment.

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Are you prepared to name a successor trustee in your estate plan? Don’t worry if you’re unsure—this episode of Absolute Trust Talk will guide you through the process. We’ll break down the most important traits to look for in a successor trustee, such as trustworthiness, reliability, and the ability to seek professional advice when needed. Plus, we’ll share common pitfalls to avoid so you can make the best choice for your family’s future.

Time-stamped Show Notes:

0:00 Introduction

0:50 What is a Successor Trustee, and why is naming one essential for your estate plan?

1:37 Trustworthiness is a critical quality when naming a successor trustee. Learn why it’s so important.

2:30 The next trait to consider in a successor trustee is often underestimated.

3:05 Does your successor trustee need to live nearby? The answer might surprise you.

4:20 We’ve covered the must-have qualities, but here’s a major red flag to avoid: Ego.

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Have you ever faced the frustrating challenge of accessing a loved one’s bank account after their passing? You're not alone. In this episode of Absolute Trust Talk, Kirsten Howe and associate attorney Jessica Colbert break down the complexities of this process into simple, actionable steps. They explain the different types of account ownership—whether joint, trust-held, or individual—and guide you through the specific steps required to gain access to each. Plus, they debunk the common misconception that a Power of Attorney can be used after death, highlighting why it’s not only ineffective but illegal. Whether you’re managing a joint account, a trust, or an individually owned account, this episode provides the practical advice you need to navigate these tasks smoothly and avoid costly complications.

Time-stamped Show Notes:

0:00 Introduction

0:40 What happens to a decedent’s bank account after they die? The process depends on how the account was held.

2:25 In this segment, we dive into the steps you can take to legally access a loved one’s joint bank account after they pass away.

3:08 Accessing a Pay on Death (POD) account follows a process similar to joint accounts. Here’s what you need to know.

3:40 Is the bank account titled in the decedent’s trust? If so, there's a different process you need to follow.

4:35 Now for the complicated one: The decedent owned their bank account outright. Here’s what to do.

6:00 Did you know that if the total value of the decedent’s bank account is less than $184,500, you might be able to avoid probate?

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Navigating estate planning as a surviving spouse can be complex, especially when dealing with the intricacies of an A-B trust. In this episode of “Trustee and Executor Responsibilities: Best Practices and Pitfalls,” Kirsten Howe and associate attorney Jessica Colbert focus on the A-B Trust—an estate planning tool that was once commonly used to minimize estate taxes but is often misunderstood today. They explain what an A-B Trust is, why it’s important to address the trust split promptly after a spouse’s passing, and the complications that can arise if it’s delayed. Whether you’re a trustee, executor, or simply looking to better understand how to protect your assets, this episode offers clear, practical advice to guide you through the process. Tune in to learn the essential do’s and don’ts for surviving spouses handling an A-B trust.

Time-stamped Show Notes:

0:00 Introduction

1:11 Curious about how an A-B Trust works? Press play here for a straightforward explanation.

1:52 Did you know an A-B Trust might not be the best tool for avoiding estate taxes?

3:14 Ever heard of a “stale trust”? This is what happens when you wait too long to address your trust after a loved one passes.

4:14 If you have an A-B Trust, splitting it when your spouse passes is required—but there is a potential workaround. Learn more here.

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Taking on the role of a trustee or executor can be daunting—and for good reason! With so many responsibilities and legal requirements, checking all the necessary boxes can feel overwhelming. In this episode of Absolute Trust Talk, we continue our discussion on trustee and executor duties, focusing on the critical importance of notices. For instance, the trustee's or executor's responsibility is to ensure that all beneficiaries and heirs are properly notified of the decedent’s passing. And that's just the beginning. If you’ve recently been named a trustee or executor, you won't want to miss the valuable insights in this episode. Tune in now!

Time-stamped Show Notes:

0:00 Introduction

1:40 Did you know that when someone passes away, a notice must be sent to beneficiaries and heirs?

3:20 An often overlooked but essential notice must be sent to the Department of Health Care Services, even if the deceased wasn’t receiving Medi-Cal.

5:20 If the estate includes real property, notifying the assessor's office is a must. Press play now for what you need to know.

6:18 What if there are multiple properties spread across different counties? Listen in for Jessica’s key tip on handling this situation.

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When asked to be a family member’s trustee or executor, it’s easy to immediately say yes out of love and a sense of duty. It’s just some paperwork, right? How hard could it be? At Absolute Trust Counsel, we’ve seen the struggles trustees and executors face, particularly when they are family members. The role involves a heavy workload, significant responsibility, and the meticulous task of bookkeeping—often the most daunting part.

It’s easy to overlook these critical aspects, which is why our goal for this episode of Absolute Trust Talk is to ensure you’re fully informed. Whether you’re currently serving as a trustee or executor, planning to take on the role, or considering appointing someone yourself, this episode is not to be missed.

Time-stamped Show Notes:

0:00 Introduction

0:40 Jessica begins by explaining the nuanced differences between a trustee and an executor, clarifying the roles of executor and administrator in this context.

1:50 Common misunderstandings arise about family members appointed as trustees or executors, particularly the amount of work involved.

3:22 Jessica highlights the significant level of responsibility that trustees and executors must shoulder.

4:40 While the workload and responsibility are critical, there’s one particular challenge that stands out above the rest. Here’s what you need to know.

7:12 We conclude by encouraging all trustees and executors to take these lessons to heart, ensuring they are fully prepared for their roles.

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Can you avoid probate without a trust? The short answer is yes, but the alternatives can have risks and offer limited control over your assets. In this episode of Absolute Trust Talk, Kiersten Howe and associate attorney Jessica Colbert explore various probate-avoidance strategies, including beneficiary designations, transfer-on-death accounts, and joint ownership. Tune in to gain valuable insights, understand the drawbacks of these methods, and discover more secure ways to prepare for death or incapacity while minimizing risks.

Time-stamped Show Notes:

0:00 Introduction

1:00 There are a few options for avoiding probate without a trust, but we don’t recommend going an alternative route unless there are extenuating circumstances.

3:00 One common method is a Transfer-on-Death account, but this type can have many issues. Listen in to learn why.

4:56 Another way to bypass probate without having a trust is through Assets Owned in Joint Ownership. Here’s what you need to know.

6:53 One consideration often overlooked is incapacity planning - a key aspect of estate planning and another reason we don’t like using the Transfer-on-death method.

8:15 Final takeaway: Most of the options for avoiding probate without a trust come with risks because they neglect to consider many common circumstances in future planning.

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Navigating the administration of a life estate trust with real property can be a complex task. In this episode of Absolute Trust Talk, Kirsten Howe is joined by Karen Fisher and Kathy Rodriguez of Bishop Fiduciary Services to delve into the intricacies of life estates involving real estate. They cover the unexpected responsibilities of a trustee, strategies for properly dividing assets, and essential tips to set up your trust for success if you own property. Whether you’re crafting your estate plan, managing one for someone else, or potentially inheriting one, this episode is packed with valuable insights you won’t want to miss.

Time-stamped Show Notes:

0:00 Introduction

2:36 Being a trustee comes with a wide range of responsibilities. One important aspect is to examine the terms of the trust to determine what the life estate beneficiary and trustee are responsible for. It’s also very important to consider liquidity.

7:58 What if a beneficiary wants a portion of the trust to go toward their inheritance? Short answer: Trust the trust.

10:30 Many questions and concerns about the property can be eliminated by one action: Getting an appraisal.

11:30 Interested in the appraisal process? Tune in now as Karen and Kathy break it down for us.

16:45 We asked our guests what they wished their client’s trust included. Here’s what our experts had to say about trust inclusions.

17:52 Karen’s time- and money-saving advice: Don’t wait to downsize.

19:00 Thank you to our amazing guests, Kathy and Karen, for sharing such great insights with us!

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Managing a trust can be challenging, especially when it involves real estate assets. In this episode of Absolute Trust Talk, host Kirsten Howe welcomes Karen Fisher, founder of Bishop Fiduciary Services, and Kathy Rodriguez, a licensed professional fiduciary and co-trustee with Bishop Fiduciary Services. Together, we will explore the complexities of life estates and trustee responsibilities and the essential steps for protecting and maintaining real estate assets, from securing insurance and handling maintenance to addressing unique challenges faced by elderly inhabitants. Karen and Kathy also highlight the critical differences between professional fiduciaries and family member trustees. Tune in to gain valuable insights and hear real-life examples that will help you manage these responsibilities with confidence.

Time-stamped Show Notes:

0:00 Introduction

1:18 Please join us in welcoming Karen Fisher and Kathy Rodriguez of Bishop Fiduciary Services!

3:20 To help get us started, Karen and Kathy define what a licensed professional fiduciary does and why they are unique to the estate planning and administrative world.

6:00 Why is it so crucial to evaluate the condition and value of property in a trust?

9:25 There are countless things to think about when you're in charge of someone else's real estate. Here are a few you might not have considered.

13:50 Estate planning can involve some tough conversations. Hear how Karen and Kathy handle these sensitive topics with senior homeowners.

15:50 As professional trustees, Karen and Kathy think about things that family-appointed trustees might overlook, like fire hazards or fall risks. Let's dive into that.

16:35 What should a trustee do when they're responsible for a home that's empty?

19:10 Storytime! Listen to this wild tale about professional squatters moving in overnight.

20:30 Thanks so much to Karen and Kathy for their amazing insights. We can't wait for Part 2 of this conversation!

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To all of our local Bay Area listeners, you may have heard about the recent story of a three-bedroom house listed for $488,000 in San Francisco’s Russian Hill with a tenant renting it for only $417 a month. How is that even possible?! If you’re as intrigued as we are, stick with us for this episode of Absolute Trust Talk, where we will be dissecting this situation with associate attorney Jessica Colbert. Listen in as we explore crucial lessons in trust management, the impact of California's Prop 19 on property taxes, and the importance of updating estate plans as circumstances change. There’s so much wisdom to take away from this episode, so don’t miss out!

Time-stamped Show Notes:

0:00 Introduction

1:01 Here’s what we know about the situation around the San Francisco Russian Hill house listed for $488,000.

6:23 What happens to a family home after the homeowner dies can be a difficult thing to navigate. We suspect a few specific issues present in this unique case, including the potential for undue influence. Listen in as we discuss!

9:39 Next, Kirsten and Jessica discuss a few ways the grantor could have avoided the issues seen in the Russian Hill case.

11:47 Under Prop 19, homeowners can pass their homes down to their children without increased property taxes as long as the children make it their primary residence. If Prop 19 had been considered in this scenario, it could have prevented several issues.

15:04 If there is one lesson to take away from this episode, it’s this: When circumstances change, talk to your attorney about how it might affect your estate plan and adjust accordingly.

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We’ve all heard the saying, “Don’t put all your eggs into one basket,” which rings true for building your portfolio. The ideal portfolio consists of more than stocks and bonds – it includes Alternative Investments, like real estate, drilling funds, and value adds. In this episode of Absolute Trust Counsel, certified financial planner Miguel Delgado joins us for a third installment of our financial planning discussion to take a deep dive into this invaluable topic. Together, we’ll discuss the benefits of Alternative Investments, the different types, how to qualify, and how you can get the most out of them. These strategies include qualified opportunity zones (QOZ), 1031 exchanges, and so much more. Don’t miss out - tune in now!

Time-stamped Show Notes:

0:00 Introduction

1:33 We’ve all heard the saying, “Don’t put all your eggs in one basket,” so to start us out, we’re discussing asset diversification and what it truly means.

2:51 Having a diverse mix of stocks and bonds can lessen your risk to an extent, but at the end of the day, they all belong to the same asset class. That’s why, in this segment, we explore Alternative Investments.

5:40 What makes alternative investments less volatile? They’re not affected by the same risks as publicly traded markets, like stocks and bonds.

8:37 Not everyone qualifies for Alternative Investments. Here’s what you need to know.

11:15 Why are Alternative Investments crucial for a portfolio? The number one reason is spreading out risk.

13:09 Press Play as we explore some Alternative Investments and their benefits, starting with drilling funds.

15:37 A Qualified Opportunity Zone (QOZ) investment allows you to defer taxes for an event where capital gain is triggered.

18:35 A QOZ investment and 1031 Exchange are similar but have key differences. Listen in for everything you need to know.

20:41 While QOZ investments and 1031 Exchanges can both be used on real estate assets, one could be preferred over the other, depending on the circumstance. Here’s why.

22:47 Thank you, Miguel, for sharing your incredible insights with us!

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In our latest episode, we welcome back Miguel Delgado, Senior Wealth Advisor at Legacy Wealth Management. Miguel previously offered an excellent inside look at financial planning for small businesses, and his insights were so valuable that we knew we had to have him on again.

This time, we're diving deeper into the challenges that businesses often face, challenges that might need to be added to your radar. For instance, how can you improve employee retention? And for all the business owners out there, do you have a buy-sell agreement in place in case a co-owner decides to exit the business?

Tune into this episode of Absolute Trust Talk to learn from an expert in the field. Miguel's wisdom could be the key to enhancing your own financial and business planning strategies.

Time-stamped Show Notes:

0:00 Introduction

1:37 We’re thrilled to welcome Miguel Delgado back to the show as we continue discussing building business longevity.

7:31 Need help with employee retention? Listen now for some fantastic recommendations that can help you keep your team happy and engaged.

9:20 Ever heard of a Golden Parachute Plan? Discover this unique incentive that isn't required for all employees but can significantly boost retention.

11:48 Looking for high-value, low-cost employee benefits? Don't miss this segment, where we discuss options that benefit you and your employees.

13:14 What happens when business owners lack a buy-sell agreement? Miguel sees this issue frequently. Press play to learn what you can do to prevent potential problems.

18:16 Disability buyout insurance—ever heard of it? Neither had we, but it could be a game-changer. Find out if it's worth considering for your business.

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Are you a business owner or partner? If so, you don’t want to miss this episode of Absolute Trust Talk! We’re exploring all things financial planning for business owners so you can transform your business success into personal wealth. Joining us is Miguel Delgado, Senior Wealth Advisor at Legacy Wealth Management, who specializes in tax minimization, asset protection, and fulfilling personal passions. Together, we’ll discuss ways you can maximize your savings, secure your assets, and plan for a successful, stress-free retirement. You can even apply some of these tips to your plan today, so let’s get started!

Time-stamped Show Notes:

0:00 Introduction

0:15 Meet our special guest today, Miguel Delgado, Senior Wealth Advisor at Legacy Wealth Management.

1:48 To get things started, Miguel shares why he likes working with business owners.

3:56 When it comes to helping business owners with wealth management, there are some “low-hanging fruits” that can make a big difference, like looking at tax planning, taking advantage of HSAs, and considering upgrading their CPA.

7:32 How your business is registered can also play a role in your wealth management. Learn more in this segment.

8:57 If you have a partner or partners in your business, have you reviewed your legal agreements lately?

10:04 We see it all the time – the business is profitable, but the owner doesn’t keep much of the profit for themselves. Miguel shares key insights on why this happens and how to avoid it.

14:27 When financial planning with business owners, the key is understanding goals and objectives. Here’s what should be considered.

17:17 Thank you, Miguel, and we can’t wait to have you again on our next episode!

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Have you ever considered what would happen to your children if you passed away? It can be daunting and hard to think about; no one wants to plan for the possibility where they aren’t around to see their kids grow up. We often talk to clients who follow that old superstition that if they don’t think about it, then it won’t happen to them, so why plan, right? In our opinion, that isn’t the best course of action. While it's rare for a child to lose both parents and be taken in by a guardian, it does happen, and it's crucial to be prepared. Fortunately, guardianship is an element you can include in your estate plan and a planning element you should take action on.

In this episode of Absolute Trust Talk, we're joined by Lara Heisler, a seasoned Bay Area attorney with over 25 years of experience specializing in conservatorships and guardianships. Together, we'll cover everything from the legal responsibilities of a guardian and the process of becoming one to how to have essential conversations with your family and avoid the risk of foster care. If there's one key takeaway from this episode, it's this: The more uncomfortable family conversations you have when life is comfortable, the better prepared you'll be when life gets challenging. Let's get started!

Time-stamped Show Notes:

0:00 Introduction

0:55 Please join us in welcoming Lara Heisler to the show!

3:02 Guardianship – It’s a term we’ve all heard, but not everyone knows what it truly means. Here’s what you need to know.

4:55 How can someone obtain guardianship of a child?

8:43 In this segment, we examine an extreme guardianship case and then discuss some of the more common guardianship scenarios.

11:43 When nominating family members for guardianship, it's essential to explain your reasons for doing so, so they aren’t left guessing.

17:03 It may also be important to name people you don’t want as your child’s guardian.

19:04 When it comes to guardianship, who steps into the role first matters, especially under extreme circumstances like the court case discussed.

21:16 “What happens if…” It's a conversation none of us want to have with our family and kids, but here’s why you should.

26:18 While parents of children under guardianship still have many rights, enforcing those rights can be challenging.

28:40 Have you ever wondered about the visitation rights of grandparents and other family members of a child under guardianship? Lara will answer all your questions here.

30:36 Next, we’ll discuss the procedures for ensuring the child’s wishes are considered in a guardianship case.

33:48 In this segment, we explore what happens if a child has no relatives in the US and what you can do to prepare for this situation.

37:41 While conservatorship does not provide long-term oversight, the courts have a rigorous process to ensure the guardian is someone the child will be safe with.

40:08 If there’s one piece of advice you should take away, it’s this: The more uncomfortable family conversations you have when life is comfortable, the better off you are when life gets very uncomfortable.

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If you missed the first episode of our "Character Matters" mini-series, we discussed the differences between Community and Separate Property and why the "character" of your assets matters in estate planning. As a quick recap: Separate Property includes assets owned before marriage or received as gifts or inheritances during marriage, while Community Property consists of assets acquired during the marriage.

Now, as we start Part Two, we're delving into the deeper details of property types and how specifically to estate plan for each of them. Join us as we explore important topics such as whether you should consider a pre- or postnuptial agreement, what to consider when signing one, and how the process works. Whether you're single, married, or even remarried, this episode is a treasure trove of valuable information, so don't miss out!

Time-stamped Show Notes:

0:00 Introduction

0:45 We’re getting straight to the point: Character matters when estate planning because you can’t give away what’s not yours. Sounds simple, right?

2:55 If you’re interested in estate planning for your second marriage, you’ll want to listen to this portion as we discuss how the type of asset affects what you can do with it.

4:01 Even though you can’t personally choose whether an asset is legally considered Community or Separate Property, you can change its character. Here’s how.

5:39 Is a prenuptial agreement right for you? Here’s an example of when you might want to consider one and what you can include.

6:41 Postnuptial agreements can also be an option if you’re already married. If you’re doing your estate planning with us, we’ll work with a family law attorney who can help navigate the process.

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Did you know that in California, any property acquired while married is considered Community Property? This means that, regardless of who bought it, the ownership is split 50/50 in the case of divorce. It also means that if you die without valid estate planning documents, your spouse automatically receives 100% of the ownership. If we’re talking about Separate Property, that’s a slightly different story, and of course, there are always exceptions to the rule. This episode of Absolute Trust Talk kicks off our Character Matters series, where we’re diving deep into the important distinctions between these two types of property and why you need to understand this for estate planning purposes. Let’s get started!

Time-stamped Show Notes:

0:00 Introduction

0:38 To start, we’re sharing the “celebrity situation” that inspired this new Character Matters series of discussions.

2:26 Before going too far, let’s clarify the basic definitions of our terms. Listen in to learn the key differences between Community Property and Separate Property.

4:35 While Community and Separate Property definitions are straightforward, some situations aren’t. Here’s a great example.

6:33 If you pass away without a valid will or trust, your Community Property automatically goes to your surviving spouse. But what about Separate Property? Here’s what you need to know.

8:38 Did you know you can get a higher tax exemption with Community Property than Separate Property?

10:29 We get asked a lot about the pros and cons of getting married, and even though finances and assets probably aren’t the main factors in determining your relationship, there may be some circumstances where they influence whether you should officially move forward.

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When it comes to funding your trust with assets like cars, mobile homes, and boats, it can get a little complicated and confusing. For instance, do you know whether or not you need to retitle your cars to your trust? And when it comes to mobile homes, before you can even determine whether you should retitle it, you must first know if it’s registered as a vehicle or a home. And what’s recommended for cars and mobile homes differs completely from boats. In this episode of Absolute Trust Talk, we explore these topics in detail to answer some of our most commonly asked questions so you can be more knowledgeable about properly funding your trust. After all, your trust’s effectiveness is directly tied to its assets. So, listen in now!

Time-stamped Show Notes:

0:00 Introduction

0:36 The first asset we’re starting with is cars. Should you retitle them? Here’s what you need to know.

2:48 Bonus Tip: Here’s a way to retitle your vehicle without visiting the DMV.

4:11 Mobile homes—are they a vehicle or a house? The answer varies, and therefore, so does how you include them in your trust.

9:24 If you have a boat and would like to include it in your trust, you don’t want to miss this segment.

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One area of estate planning that is largely overlooked is funding the trust. The first step is developing the trust. The second step is ensuring that all the assets you want included are properly transferred over as needed. This can be especially difficult in today’s digital-driven world because there are more and more places where funds can be stored away. Thanks to the advent of the internet and digital banking, funds are no longer just kept in savings accounts and piggy banks. Instead, they are spread across various apps, like Venmo and PayPal, stored in digital savings, like Capital One or Ally, and even invested in cryptocurrency. As we kick off our mini-series on funding trusts and managing assets, we’re dedicating this one to all things digital assets and how you can ensure your heirs can access them after you’re gone or in the event of incapacity. You don’t want to miss out – Tune in now!

Time-stamped Show Notes:

0:00 Introduction

1:45 In this episode, we’re putting an emphasis on digital assets, and to start us off, we’re looking at apps designed to move money around, such as Cash App, Venmo, and PayPal. What happens if you still have money in these accounts after you die?

5:15 Every platform has its own set of procedures, so it’s important to know how they operate to ensure proper planning and the protection of your funds.

7:11 If you have any cryptocurrency, you’ll want to tune in here as we discuss how you can ensure your investments don’t become forever inaccessible.

9:51 Our last word of advice on the topic is to write down your login information and ensure someone else knows how to access your digital assets.

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Typically, when we think of estate planning, we only consider planning for after death. But what happens if you become incapacitated? That’s where a Power of Attorney enters the picture. Incapacity planning is a significant component that is just as important, if not more important, than most other aspects of estate planning. Think about it. If you’re in the hospital, you don’t want to wait for your loved ones to go to court to access your funds to pay for care. You want care right away! So, in this episode of Absolute Trust Talk, we’re addressing all the major ups and downs we’ve seen our clients face when navigating Powers of Attorney. Listen in to learn how to avoid the most common mistakes and ensure your Power of Attorney is ready to go if it is ever needed.

Time-stamped Show Notes:

0:00 Introduction

0:55 To start, we’re covering the basics: What is a Power of Attorney?

2:55 There are two types of Power of Attorney – springing and immediate. Here’s what you need to know.

3:40 Did you know that many Power of Attorney agreements include requirements such as getting two doctors to sign off on your incapacity “under penalty of perjury”?

5:35 You can have more than one Power of Attorney, but it’s best only to have one.

8:45 An Institutional Power of Attorney only applies to a specific financial institution for which you sign the papers.

10:11 Next, let’s discuss how to make updates if you have multiple Powers of Attorney and want to change who has access to what.

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You know of the infamous murder trial involving OJ Simpson and the Goldman and Brown families that took place in the 90s. And in case you happened to miss the news, Simpson passed away recently, stirring up the family conflicts all over again. Here at Absolute Trust Talk, we have an affinity for celebrity estate drama, mainly because of the important estate planning lessons we can take away. While the exact details of OJ's estate structure remain unknown, the estate will probably undergo probate due to the presence of creditors. Listen in as we cover all the details we know so far and share some essential estate planning wisdom with you along the way.

Time-stamped Show Notes:

0:00 Introduction

1:23 Here’s what we know about the executor handling OJ Simpson’s estate and the public statement made.

3:35 Next, we’re summarizing the current legal tension with the Goldman family.

5:33 The Goldmans want their rightful payout from the Simpson estate. However, much of his assets are tied up.

7:36 Listen in as we discuss what it means to go through the probate process and the executor’s role.

8:55 When divvying up money from an estate, the probate expenses and executor must first be paid, as well as super creditors like the IRS.

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Family conflict after a loved one has passed is very common, but that doesn’t mean it can’t be avoided. In our years of experience in estate planning, we’ve seen many different scenarios play out and have a thorough understanding of the nuances that tend to cause these conflicts. The number one reason for disputes over a trust lies in the feeling that it is not fairly divided. While Mom and Dad or Aunt Sally can set up their estate however they wish, often, a simple conversation with family can go a long way to clarify why certain decisions were made.

In this episode of Absolute Trust talk, we discuss the top three areas where the biggest issues arise: real estate, tangible possessions, and perhaps most importantly, who gets appointed trustee. We’ll also share relatable examples, easy-to-follow advice, and more to help ensure your estate plan is carried out peacefully and as you see fit.

Time-stamped Show Notes:

0:00 Introduction

0:49 While every family has their own unique situation, the number one reason people contest a trust or estate plan is because they feel they didn’t get their fair share.

2:52 Hiring a professional to act as trustee can have unexpected benefits for managing your trust. Here’s what you need to know.

3:50 Appointing a family member as a trustee can come with complications. Here are just two great examples.

5:15 It’s a common misconception that if you hire a third-party fiduciary, your children will have no say in anything. But that couldn’t be further from the truth.

5:50 Here’s an extra piece of advice: If real estate can be a point of conflict, write a provision to have your house sold after you’re gone.

6:51 There’s no question that family feuding over a loved one’s belongings is common. Here are ways you can mitigate it.

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When we first begin working with a client who is setting up their estate plan and, more specifically, building a trust, the number one question we always get is whether they need a revocable or an irrevocable trust. For us, this is always an interesting and fun conversation because as soon as the client hears the difference, they immediately know which tool they need.

Not to give it all away, but the standard option is the revocable trust; however, there are certain instances in which the irrevocable trust is needed—there is no one-size-fits-all approach to estate planning. So, which trust is right for your specific circumstance? Press play and listen in for more details, and of course, when you meet with your estate planning attorney, they will help ensure you’re making the right decision to protect your loved ones and your future.

Time-stamped Show Notes:

0:00 Introduction

0:55 A revocable trust is what we typically do in our practice, which gives you control over everything in your trust, you are in charge.

1:10 An irrevocable trust is used to give everything away; you can’t change it.

1:58 Next, Madison discusses in more detail why you would want to use an irrevocable trust and how they are set up.

4:40 If you’re worried about being sued, that may be another issue. Your trust isn’t generally going to protect you from something like that. Here’s what you need to know.

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Welcome back! In our last episode of Absolute Trust Talk, we were joined by expert psychotherapist and certified coach Tess Brigham, MFT, BCC, to discuss the differences between generations and, more specifically, examine the unique dynamics between Baby Boomer parents and Millennial children.

In this episode, we continue our conversation with Tess, focusing on the interactions between Gen X parents and Gen Z children. These two generations are very interesting as Gen Xers were heavily influenced by events like the Persian Gulf War, the women’s movement, and high divorce rates. As Tess points out, this generation is a very “figure it out on your own” group. Whereas Gen Zers are true digital natives and have no real concept of life before technology. We hope you will listen in as we talk about how these generations’ unique experiences shaped their approach to estate planning. Plus, we share some special insights from real client stories!

Time-stamped Show Notes:

0:00 Introduction

1:19 To kick off the episode, Tess gives us a little background refresher on what types of events and movements had an impact on these two generations.

7:30 One way the younger generations differ from the older ones, in terms of estate planning, is how they consider the possibility of divorce and whether they want to burden their children with responsibility. Listen in to learn more!

10:55 We’re likely all familiar with the stereotype that the oldest daughter always gets the responsibility of taking care of her parents, but will this continue with the newer generations?

14:05 At the end of the day, women are biologically and evolutionarily designed to care for family, so perhaps we won’t see a change in the oldest-daughter-caretaker stereotype after all. Only time will tell!

15:29 As we wrap up the show, we highlight why it’s important to analyze how these heavy conversations play out among generations.

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The battle between the generations is real and seems to be everywhere. Yes, generational divides even play a role in estate planning. In fact, estate plans nowadays are built around more diverse and multigenerational families than ever before. In this new episode of Absolute Trust Talk, we are joined by psychotherapist and certified coach Tess Brigham, MFT, BCC. Tess specializes in helping young adults discover their unique life path to enter the world and make an impact. Join us as we discuss how the generations are defined, what makes each one unique, and how these factors influence estate planning.

Time-stamped Show Notes:

0:00 Introduction

1:18 Please join us in welcoming expert psychotherapist, certified coach, author, and public speaker Tess Brigham!

3:26 To begin our discussion, Tess lays a foundation by defining the various generations, starting with the Silent Generation.

4:58 Next, we discuss the Baby Boomers, who currently make up about 20-25% of our population.

5:53 Gen X: Raised on hose water and neglect, those born between 1965 and 1980.

6:57 Millennials have gotten a lot of negative attention, so we’re digging in to get a deeper understanding.

10:51 Finally, listen in to find out what makes Gen Z so different from the rest.

12:28 Here, we discuss some of the main things that determine generational differences. These include world events, parenting styles, research, and the environment.

19:25 Did you know that generational differences have a fairly large impact on estate planning? Listen in to learn more, especially regarding living situations.

28:14 In this episode, we delve into important details about the impact of different generations' upbringings and how they influence certain estate planning decisions. We’re just getting started! Thank you, Tess. We can’t wait to continue our discussion with you in Understanding Multigenerational Estate Planning Part 2!

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Recently, the entertainment world has been abuzz with numerous high-profile conservatorship battles, and the latest to emerge involves iconic singer Cher. She has initiated a conservatorship petition concerning her son, Elijah Blue Allman, aiming to oversee the financial benefits he inherits from his father, the late Greg Allman's trust. Legal filings state the urgent need for a conservator to safeguard Elijah's estate against potential damages or losses, citing his inability to manage his finances due to significant mental health and substance abuse challenges. Tune into a new episode of Absolute Trust Talk for an in-depth analysis of this situation and to explore possible measures Greg Allman might have taken to avert such a conservatorship scenario.

Time-stamped Show Notes:

0:00 Introduction

1:09 Madison Gunn fills us in on the conservatorship case for Cher’s son, Elijah Blue Allman. In short, Cher is concerned Elijah will use his father’s trust money to feed his drug addiction.

2:24 Next, we look at how this conservatorship case differs from the others we’ve recently covered in that the others were to make sure someone with dementia could get the care they need.

3:14 Another major difference in this case is that Elijah Allman does not agree with the conservatorship and will contest it in court.

4:23 Estate Planning Lesson: Greg Allman likely knew of his son’s drug problem and could have put provisions in his trust for this possibility.

6:52 As we wrap up, we want to drive home this message: You can always plan ahead if you’re concerned about your child(ren)’s management of their portion of the trust.

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When you think of the Beach Boys, what comes to mind? We’re betting it’s not a complicated conservatorship case. Unfortunately, that’s what’s happening with the Beach Boys Founder, Brian Wilson. Mr. Wilson’s long-time wife had been his healthcare directive, but with her recent passing, it was discovered that no one was ever named as a backup. Now, the question is not only who will pick up her role as Mr. Wilson’s healthcare directive, but how. With Brian Wilson being considered unable to make these decisions for himself due to dementia, the solution is not a simple one. Tune in to learn more about the conservator process and how to avoid these complications yourself.

Time-stamped Show Notes:

0:00 Introduction

2:07 To start, Madison gives us an overview of the case with Brian Wilson, who now has to file for conservatorship because he never named a backup healthcare directive.

3:47 Now, we dive deeper into the more complex details of Mr. Wilson’s situation and the possibilities we see with the petition process.

5:26 Unfortunately, these issues are not new for Mr. Wilson, who seemed to have been taken advantage of in the past.

06:08 Here’s the big takeaway from this episode: Name backups on your estate planning documents. You need options!

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You may have heard the recent news that Jay Leno filed a conservatorship over his wife, Mavis Leno’s estate. The couple does not have an estate plan, and his goal is to gain special permission from the court to set up a plan for both of them. As Kirsten and Madison point out, the main issue is not what happens if Mavis dies but instead if Jay were to die first. Given that Mavis is already incapacitated, who will manage their assets and decision-making? We hope you will join us for this discussion that underscores just how important it is to have an estate plan in place to avoid the costly and very public conservatorship court proceedings, among other protections.

Time-stamped Show Notes:

0:00 Introduction

0:53 To kick things off, Madison is shedding light on conservatorship and how it applies to the Jay Leno court proceedings.

1:57 Jay and his wife Mavis have been married for a long time and don’t have any children. He is her heir if she were to die first, so why is he worried about an estate plan now?

3:36 This isn’t the typical way to go about estate planning, and it certainly isn’t ideal. Listen in a Madison discusses some of the issues with the approach Jay Leno is taking.

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At Absolute Trust Counsel, one of the pieces of advice we like to shout from the roof tops is that people need to keep their estate plans up to date! We constantly find people who fail to do so. In many cases, we can fix the challenges that arise, but sometimes, it may not be possible, and we must navigate a more difficult path. In this specific episode, we are going to focus on AB Trusts and the issues that typically arise.

It happens more than you might think - often, when a spouse dies, the widow(er) later finds out their joint trust is set up in a way that requires them to split the trust in two. This type of trust, which we call an AB Trust, was the standard practice until 2013, and it was used to avoid the need to pay estate taxes, which worked out perfectly. However, when the government gave us portability, things changed. When we uncover AB Trusts, it tends to mean that the client will spend A LOT of extra time and money managing the split and maintaining the additional trust moving forward.

So, if you’re a married couple out there who had your estate plan written before 2013, we’re talking to you! It’s time to get your estate plan out, take it to an attorney, and make sure it still works for you! And, if you’re a widow or widower who hasn’t met with an attorney yet, we highly recommend you do so now to ensure you’re not behind on taking specific actions.

“It's always better to pay your lawyer to do a plan than to pay them to fix a failure to plan afterward. Fixing is always more expensive.”

In this episode of Absolute Trust Talk, Kirsten and Madison share everything you need to know about AB Trusts, including:
The deeper complexities of AB Trusts, such as how they work and why we have them in the first place,
Your options if you find out you have an AB Trust after your spouse passes,
What filing a petition for modification of your trust looks like,
Why petitioning the court doesn’t always work, depending on your heirs,
The importance of talking to your attorney and keeping your trust up to date
And much more!

Whether you’re just beginning to dip your toe into estate planning, are considering updating your trust, or have recently found out you’re stuck with an AB Trust, this podcast is for you. No matter where you are in your journey, knowledge gives you the power to take control of your assets and helps protect your family in the future. So don’t miss out! Tune in for the ultimate estate planning advice NOW!

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If you’ve been following along with our show, you know that we can’t stress enough the importance of estate planning and setting up a trust to make things simple, cost-effective, and less time-consuming for your heirs. But even with the most comprehensive and well-thought-out estate plan, wrinkles can be thrown into the plan. It’s a lot of information for all parties involved to consume, and there are many moving parts.

One curveball we’ve seen a few times before is a beneficiary, trustee, or executor dying before the will or trust is enacted. Everyone tuning in to this podcast has probably given at least some thought as to who their assets and possessions will go to when they’re gone. But what if that person also passes? Who gets the money then? Being as transparent as possible in your estate planning documents is critical. If you haven’t revisited them in a while to answer these types of questions, take this episode popping up in front of you as your sign! And, if you don’t have a plan, there’s no time like the present to get started.

“The takeaway is to be as clear as possible in your estate planning documents. Make sure you have a few people listed as successor trustees or executors if that’s something you haven’t thought of before. I recommend having someone listed who will name a fiduciary later.”

In this episode of Absolute Trust Talk, Kirsten and Madison are diving into details, discussing what needs to be done to get a case back on track and, most importantly, what you can do now to help ensure your trust administration is a smooth process should this happen to your family or loved ones. Together, we will discuss:

How the results and process are different depending on whether it’s a beneficiary, trustee, or executor who dies,
Specific details that may alter how the situation is handled, such as whether the deceased beneficiary was single or married,
How to prevent complications such as repeat probate processes,
Why your estate plan isn’t something you just set and forget, and why it should be as detailed as possible,
And much more.

If you have difficulty understanding the ins and outs of the estate planning world, and more specifically, trust administration, you’re not the only one. And you don’t have to go at it alone either! So sit back and listen as we cover common and uncommon scenarios regarding a beneficiary, trustee, or executor passing away. You don’t want to miss out!

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Have you ever had a pesky neighbor encroaching on your land? Or perhaps they have decided to put a cell tower in that directly blocks the beautiful view that you bought your property for in the first place? Or maybe you’ve recently inherited the family home but share it with your siblings and cannot agree on what to do with it. How do you resolve these types of challenges? Do you have a friendly conversation? Do you engage a lawyer and go to court?

In this podcast episode, we sit down with Steven Kahn, a civil litigation attorney who focuses on real estate and business disputes involving real estate. He is a partner at Hoge Fenton, has been a Northern California Super Lawyer four years in a row, and has been a Northern California Super Lawyer Rising Star for five years. With his accolades and over nineteen years of experience in trials, arbitrations, and problem-solving, Steven is the perfect candidate to share his insights on various real estate issues.

“When you bought your house, you probably got a title insurance policy, and it probably has something attached to it called an assessor’s parcel map that looks like a map of your neighborhood, but it doesn’t actually show where your boundaries are. It was created by the taxing authority to have a general idea of how big the land is.”

So, join us in our 120th episode of Absolute Trust Talk as we discuss:

How to divide up real estate that has been inherited by more than one beneficiary
The ins and outs regarding boundary disputes
What court proceedings for real estate issues may look like – depending on the case
Discussions on the recent Mount Diablo dispute
What you can do if a neighbor blocks your view from your property
The difference between adverse possession and prescriptive easements

And much more!

There’s nothing quite like a real estate or land dispute to ruin neighbor or familial relationships. A little effort and communication can go a long way to finding the right solution, but we know some situations can escalate quickly, and a lawyer like Steven is needed to help keep the peace and navigate the law. If you or someone you know is facing a real estate or property legal challenge, we hope this episode will help you take the necessary next steps to resolve your issue correctly.

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If you’re someone who is serving in the role of trustee, executor, conservator, or guardian, acting as a personal representative for someone’s estate in California, did you know that the state has specific guidelines for probate accounting? According to section 16062, the California probate code requires representatives to provide an accounting at least once a year. The purpose is usually two-fold: to show beneficiaries what assets exist, how they’ve been handled, how much is left to be divided up, and to show the individual in control of the money is doing their job.

“Unlike giving a few specific documents to your CPA to prepare for a tax return, we need everything - every transaction that happens within a trust estate or conservatorship. It’s a lot of information.”

The problem is that most people whose names are tasked with the role of trustee or conservator have no idea how to prepare this type of formal accounting. Even for those confident in their accounting skills, the process is technical, tedious, and can be wrought with many opportunities for mistakes. The good news is you don’t have to do it alone. There are professionals who do complete probate code-compliant accounting for a living. One of these professionals, Heather Hamilton, founder of Fiduciary Accounting Services, LLC (FAS), is joining us on this episode of Absolute Trust Talk.

Heather holds a bachelor’s degree in finance from California State University, Chico, and worked in commercial banking for 15 years before founding FAS in 2007. The goal of this company was to focus purely on fiduciary accounting, making this expert service more available and taking the load off the shoulders of others. Since then, FAS has grown to be the largest provider of accounting for trusts, estates, and conservatorships in California, focusing entirely on fiduciary accounting.

Join us as we discuss:

The particular challenges that come with fiduciary accounting, both for the accountants and the clients
Why you may need a fiduciary accounting in the first place
What is required for this type of accounting
Tips and advice on how to ensure a smooth accounting process
And much more!

Whether you need formal probate-compliant accounting now or you’re preparing for the future, this episode will help you understand what to expect and how to prepare and even show you what to avoid. So, find a cozy spot, and let’s get started!

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You’ve probably heard stories of celebrities leaving their fortunes to their beloved pooches and thought, “How silly!” Sure, it’s unlikely that an animal needs millions of dollars - after all, what will they do with it? But if you’re a pet person, have you stopped to consider what will happen to your sidekick after you’re gone? People don’t think about how long animals can live. Dogs can live anywhere from 8-16 years, and cats from 12-18. And those are your household four-legged friends. What about fish and birds? Koi fish live anywhere from 25-35 years, and parrots can live up to 50 or 65 years – who knew?! Don’t forget there are lizards, turtles, snakes, and even horses that could outlive you.

“Estate planning for your pets is important for several reasons. The first, of course, is that you love your pets like a child, and you worry about what will happen to them when you’re gone.”

If an owner does pass, often, the pet is left out of the picture, and a family member gets stuck with the burden of caring for them on their own, facing vet bills, grooming expenses, daily care, and more. Even worse than leaving a loved one with the responsibility is your poor puppy ending up at the pound.

Fortunately, a little bit of planning goes a long way to ensure your pet friends get the quality of care they deserve. It can be as simple as researching rescues, having a conversation with the person you want to designate to ensure they are on board during your pet estate planning process, or setting up a pet trust. In this episode, Kirsten and Madison will talk more about,

Why it’s essential to include all pets, from goldfish to horses, in your estate plan.
The variety of options available to ensure quality pet care after you’re gone.
Why it is important to include a financial incentive, maybe not millions, but enough to cover the needs of your pet.
Fun stories of celebrities who made big plans for their pups.
How to hold your pet caregiver accountable after you are gone.

And much more!

So, saddle up (if you’re estate planning for a horse, that is) because this episode has as much fun and enthusiasm as it does information and inspiration. It’s never too late to start planning, and listening in is a great way to start!

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You may have heard that Senator Dianne Feinstein passed away on September 29, 2023, and there is pending litigation between the Senator and her deceased husband, Richard Blum, as well as some new litigation regarding her estate.

Two petitions have been filed by the Senator’s daughter, Katherine Feinstein. The first petition concerns the joint revocable trust between Senator Feinstein and Richard Blum. Katherine is alleging that the joint trust held between Dianne and Richard was not split, and she is also requesting that the court permit the trustees to sell one of the four properties in trust, the Stinson Beach property. The problem is that Katherine filed using a power of attorney that is no longer valid now that Senator Feinstein has passed away. Her only option is to file a probate so the court can grant her an order naming her the executor for Senator Feinstein’s estate, and only then can the lawsuit continue.

In the other lawsuit, Katherine is suing her co-trustee for inaction. This lawsuit will proceed because she is still the co-trustee, providing continuity for before and after death.

As we also point out, the big lesson learned here is a lack of communication within the family. Being surprised is a big part of why people react badly, so having these critical conversations with your children, other family members, etc., is vital to make your intentions clear while also hearing what your loved ones have to say.

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You may have heard the sentiment that parenting is one of the most challenging yet most rewarding jobs there is. That is even more true when raising a child with special needs because they often come with unique challenges. It’s easy to quickly become overwhelmed mentally, emotionally, and even financially and physically at times. Your sense of normalcy may seem different from others around you, leading you to feel isolated and alone, unsure of what to do or where to turn.

To help provide some answers, we sat down with Kerrie Lloyd, Vice President at Index Fund Advisors, author of Planning the Future for A Special Needs Child, and founder of Integrative Solution Services LLC, where she provides consulting and collaborative tools to the special needs community. Kerrie is also a Doctor of Natural Health, NhD, and earned her certification in Pivotal Response Therapy for Autism through the Koegel Autism Center at UC Santa Barbara (now at Stanford University). She also earned her Chartered Special Needs Consultant (ChSNC®)* designation in 2020 through The American College for Financial Services, a fully accredited institution by the Middle States Commission of Higher Education.

Despite all the accolades, Kerrie’s most important job is as Adam’s mom. Adam was diagnosed with Autism and Deafness early on, and through her experiences with him, she has learned what it takes to raise and care for a special needs child. Kerrie noticed that special needs children go through a series of life stages, each marked by major events, such as diagnosis, the beginning of school, and the transition to adulthood. Having this knowledge makes it easier to prepare for each stage, eliminating the fear of the unknown for parents. Now that Kerrie is in the later stages with Adam, she has compiled her experiences and resources to share this insight and knowledge with others.

In this episode of Absolute Trust Talk, we will discuss:

The six stages of life for an individual with special needs.
The key planning components and milestones that mark each of the stages.
What the transitions from each phase look like.
Important resources that are available and how to access them.
The importance of obtaining legal help to ensure that parents understand their rights, know what they can ask for, and ensure that they aren’t missing any steps.

And much more.

It can be difficult to navigate life’s complexities with a special needs child, but you don’t have to go through it alone. Understanding these life stages can help you better understand your child, feel more prepared for each milestone, and even unlock enriching and fulfilling moments.

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So many of our clients here at Absolute Trust Counsel struggle with dementia. In fact, it’s currently estimated that there will be 14 million people with dementia in the United States by 2060. That means there will be just as many, if not more, taking on the role of caregiver as well.

Dementia patients and caretakers often suffer from isolation and loneliness, finding it difficult to enjoy life like they used to. Those with dementia gradually lose themselves, unable to participate in activities they love, and caretakers can struggle with the ongoing responsibilities. But this doesn’t have to be the case. Those living with dementia and their families can still find joy, meaning, and purpose thanks to a volunteer-driven social model of care known as Respite Ministry.

In this episode of Absolute Trust Talk, we’re speaking with Daphne Johnston, Co-Founder and Executive Director of the Respite for All Foundation. Daphne has always been passionate about helping families impacted by dementia and Alzheimer’s. For over 15 years, she worked as an executive director in senior living administration before stepping into the non-profit world of the faith community in 2012 when her senior pastor, Dr. Lawson Bryan, asked her to develop a volunteer model to support families living with dementia. With the incredible initial success of the program hosted at her local church in Montgomery, Alabama, she joined care partner Warren Barrow to officially establish the Respite for All Foundation and reach more communities all over the US.

Join us as we discuss:

How the Respite for All Foundation got started and quickly grew, as well as their plans and goals for the future
How the organization is taking a new approach to respite support through a social model of care
The positive impact that Respite for All has, not only on caretakers and participants, but also on volunteers and the community as a whole

What you need to start a Respite for All program in your area

And more.

If you’ve been diagnosed with dementia, or are a caretaker, it’s easy to feel alone and overwhelmed, especially when it comes to getting affairs in order. We’re here to help you, and we know that this episode will provide the hope and inspiration you need or maybe encourage you to start a Respite Community in your neighborhood. So, let’s dive in!

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The population of those with developmental disabilities is growing larger, and many in this group will need support of some kind for the rest of their lives. In most cases, this support comes from their parents, and every one of those parents worries about what will happen when they’re no longer able to provide that support.

A 20-year study by the National Council on Severe Autism that concluded in 2020 and followed 187 people with autism in South Carolina revealed that 99% of the test subjects were unable to live independently and 70% ended up living at home with relatives.

For Sweetwater Spectrum’s founder, Mark Jackson, this quandary presented an especially personal challenge — a challenge that drove him to find a way to create a fulfilling and supportive living environment for those with developmental disabilities. His own son, now 32, had been diagnosed with autism years ago and was soon to age out of his private school. In January 2013, Mark and his partners opened Sweetwater Spectrum. This three-acre farm site supports developmentally disabled individuals in downtown Sonoma to accommodate 16 full-time residents — soon to expand to 20.

In this episode of Absolute Trust Talk, Kirsten Howe speaks with Mark and Sweetwater Spectrum’s Executive Director, Olivia Vain. Olivia’s proven experience with directly managing programs focused on enriching the lives of those with autism was a great complement to Mark’s acquired logistical knowledge, and both offer interesting insight into creating a supportive community for those with developmental disabilities.

Together, we’re going to discuss:

How Sweetwater Spectrum addresses the individual needs of its residents.
The ways in which Sweetwater Spectrum differs from other approaches to special needs housing and the benefits those differences provide for the families of its disabled residents.
The specialized, real-world knowledge that both founder Mark Jackson and Executive Director Olivia Vain have acquired now affords them the ability to consult with other prospective specialized communities so that they don’t encounter the same pitfalls that they did.

And much more.

Unfortunately, parents are unlikely to outlive their children, which leaves a gaping void when even one parent dies. Coupled with the demands of caring for someone with autism full-time, support can often prove to be a lot for some families to handle. We hope this episode will give you insights to support the solution options available.

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Actor and radio personality Casey Kasem occupied a singular place in American popular culture. As he counted down the hits for the week via his show, American Top 40, he was also doing something else that was decidedly more important — providing a sense of consistency that we could all rely on. World affairs might rattle us, and the financial markets volatility might worry us, but regardless of what else was transpiring in the world, we could always count on Casey to entertain us with his one-of-a-kind voice, and all would still seem more or less normal.

Unfortunately, the final chapter of Casey’s own life was anything but ordinary. In 2013, one of Casey’s daughters from his first marriage announced that he had been living with Parkinson’s for six years. However, the diagnosis was later changed to Lewy Body Dementia. Not long after, Casey’s three adult children assembled in front of his house to publicly complain that Jean Kasem — Casey’s wife of 30 years — was intentionally keeping them from their now-incapacitated father.

Things only got more vitriolic and combative, with circumstances pitting Jean Kasem and her reckless and duplicitous behavior against Casey’s three older children.

Join Kirsten Howe and associate attorney Madison Gunn as they examine the circumstances surrounding Casey Kasem’s much-publicized and most unusual passing. We’re not using the term “unusual” loosely here, as several aspects thoroughly separate this case from the estate planning disputes we often see. This conflict didn’t stem from haphazard estate planning, nor was money the source of discord for this blended family. This altercation was centered almost entirely on how Casey’s health care should be administered.

Kirsten and Madison will also look at some new California healthcare legislation — Sections 4711 and 4712 of the California Probate Code and analyze what, if any, difference it might have made had it been in effect while Casey’s unfortunate saga was playing out.

In this episode, we’re going to discuss:

How even a well-thought-out, comprehensive health care directive and a court-appointed conservatorship can be rendered ineffectual when an involved party chooses to blatantly disregard them.
Why doctors are inclined to seek authority to treat their incapacitated patients and not pursue the whereabouts of advance health care directives unless those documents are brought to their attention?
Why proper communication is the most overlooked aspect of estate planning.
Why Casey’s decision to list his daughter Kerri, and not his wife Jean, as his agent on his health care directive might have reflected his concerns about how Jean might handle such authority.

And much more.

Don’t miss this episode as we highlight some important legal wisdom that could have alleviated the conflict in this estate plan that you should be aware of for your own planning.

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Education can open many doors in life, but if you’re the parent of a special needs child, it may seem like those doors are not only closed but padlocked, leaving you and you alone to chart the educational course for your special needs child.

Nearly a half-century ago, the Individuals with Disabilities Education Act (IDEA) guarantees a free and appropriate public education for students with disabilities. Yet to this day, many parents and guardians of special needs children don’t know how to access the services at their disposal because of this Act, nor do they even realize they’re available.

In this episode of Absolute Trust Talk, our guest will clear up some confusion surrounding this critical and complex topic. Kirsten Howe will speak with education consultant Kristen Sabo of National Care Advisors, who advocates for special needs children and connects them with the services they need to fully access their education — services guaranteed to them under federal law. Kristen has spent years working with school administrators, board members, families, and special needs students themselves, so she knows better than anyone just how impactful an effective educational team can be on the life of a child with disabilities. Throughout this discussion, you’ll hear Kristen emphasize the importance of a collaborative, individualized approach to getting her clients the best possible educational outcome, as every special needs child has their own unique academic challenges.

Join us as we discuss:

The most common roadblocks that stand in the way of parents or guardians seeking the free and appropriate public education for their child that they’re entitled to by law.
What factors impact a child’s Individualized Education Plan (IEP), how it is deemed appropriate for the student, and why it must change over time as the child matures.
How Kristen’s role differs markedly from that of an attorney, and why her approach — which emphasizes collaboration and a positive long-term relationship among parents or guardians, the school district, and the special needs student — can foster proactivity that will serve the best interests of the special needs student.
The variety of special needs services that might be needed and how those services can improve or hinder the effectiveness of and IEP depending on the student and their needs.

And more!

All children, including children with disabilities, are legally entitled to a free education in this country. Our goal in this episode is to help you walk away with a better understanding of the support programs available and how to access them as needed if your child or a child you know is struggling with their educational path.

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In its 50+ years, the Special Olympics has served as a beacon of inclusion for aspiring athletes with disabilities. This now-worldwide institution started in 1968 in Chicago and was the brainchild of Eunice Kennedy Shriver — President John Kennedy’s sister. At that time, developmentally disabled children were often institutionalized and intentionally separated from their families. Eunice had seen how societal pressure ultimately affected how her sister, Rosemary, was treated because of her intellectual disability.

She was inspired to look for constructive and enriching programming options for those with disabilities and found very few of them, so she set about to create one of her own, using participation in sports as its overarching theme.

The program that Eunice envisioned has grown dramatically over the years, and there are now more than 5 million Special Olympic athletes worldwide, representing 200 countries. In addition, each state in the U.S. has its own chapter of the Special Olympics, with California being represented by two due to its size and population.

But, while most of us associate the organization primarily with these athletic events, in reality, the Special Olympics does much more to improve the lives of people with disabilities — far beyond the realm of sports participation. In the newest episode of Absolute Trust Talk, Kirsten Howe spoke with Tyler Krochmal, Senior Manager of PR and Communications for Special Olympics Northern California (SONC).

Tyler is a pivotal part of the Special Olympics’ media team — he’s heading to Berlin for the International Special Olympics in June — so he’s well versed on the organization’s overall mission. He even participated as a volunteer coach for a number of years. And because Tyler oversees the Special Olympics’ Athlete Leadership program, which allows athletes with disabilities to learn real-world skills that help them develop confidence and expand their opportunities in life, he’s seen firsthand the impact that this organization can have — even when there’s no sporting event involved.

In this episode, we’re going to discuss:

The impressive growth that the Special Olympics has seen since its inception and how that growth reflects today’s more enlightened and inclusionary approach toward people with disabilities.
How participation in the Special Olympics is a watershed moment for athletes with disabilities. Many athletes’ interest is kindled by watching their chosen sport on television and signing up to participate. Unlike other aspects of their lives, disabled athletes don’t have to worry about the judgment of others. There are no particular ability levels required — only the desire to participate.
The various ways Special Olympics is committed to supporting people with intellectual disabilities far beyond the athletic field to enhance their physical and emotional health.
How the Special Olympics provides enriching participation opportunities for coaches and other volunteers as well as the athletes themselves.

And more! Don’t miss this very uplifting episode, as Kirsten and Tyler delve into some of the lesser-known ways that the Special Olympics enriches the lives of disabled adults.

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You’ll find no shortage of captivating stories in the realm of estate planning. Tales of barely legible handwritten notes found in obscure places that detail a decedent’s wish to bequeath their fortune to someone they had only just met. Or accounts of family members becoming estranged and a child or other loved one is left out of the estate, which is then capped off with the ever-popular “no contest” clause threat.

Life is complex, and so are family dynamics. Some family relationships fray while others grow stronger, and it’s not surprising that these shifts are often memorialized in estate plans. But is it really possible to freeze a family member out of an estate and insert a “no contest” clause to safeguard from challenges? Does this provision truly hold up in the real world, or would a particular disinherited relative have any recourse if they find themselves in that position? And how does the clause change if an opportunist unduly influenced or preyed upon a decedent?

For the answers to these questions and more, tune into our latest episode of Absolute Trust Talk. Kirsten Howe will speak with trust and estate litigation attorney Jennifer Herlihy, founding partner of Walnut Creek-based Koller Herlihy, LLP. In addition to trust and estate litigation, Jennifer centers her practice on contested conservatorships, financial elder abuse actions, and related litigation, including civil claims and employment disputes with caregivers. Included in her impressive resume, Jennifer assisted more than 40 families in the highly publicized PG&E San Bruno explosion lawsuit and currently serves on the Tri-Valley Estate Planning Counsel and the Contra Costa County court-appointed attorney panel that represents conservatees in conservatorship proceedings.

In this episode, we’re going to discuss:

What a “no contest” clause really entails and how rock-solid it is under the threat of litigation.
The primary conditions that make a “no contest” clause effective in shielding an estate from litigation.
The most common ways litigants seek to circumvent the “no contest” provision.
The critical steps that anyone planning to leave an asymmetrical inheritance should take to help minimize the chances of a contest in the future.
How ever-evolving technology has changed the nature of forgeries for “go-to” tactics of elder abusers and other opportunists.

And more.

You shouldn’t have to ask anyone’s permission to structure your estate as you see fit — even if you plan to leave a family member a disproportionately smaller amount of it. Our goal with this episode is to help you better understand the circumstances surrounding “no contest” litigation and ensure that your wishes in your estate plan are carried out as you intend them to be.

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Being the parent of a special needs child is an exceedingly demanding role that comes with innumerable responsibilities geared toward helping that child navigate the world around them in the most enriching and gratifying way. The most important of these responsibilities is seeing that the child receives the best education possible, maximizing their social and behavioral skills.

This is a challenging task. The term “special needs” covers a wide range of disabilities, so the nature of that education will vary considerably from child to child. However, these children all have one thing in common — the right to a free and appropriate public education. And, because the term “appropriate” is so subjective, it’s often a point of contention between school district officials who insist that they’re doing the very best they can to fulfill their obligations and parents of special needs children who maintain that the accommodations being provided just aren’t accomplishing what they need to.

Maybe you’re the parent of a special needs child and have become frustrated in your efforts to secure the best possible education for that child — an education that’s guaranteed by law. Or perhaps you know someone who’s at such an impasse. If so, you’ll want to tune into the latest episode of Absolute Trust Talk as Kirsten Howe speaks with California Special Education Rights Attorney Jennifer Chang - Jennifer’s firm centers on fighting for the rights of children with special needs to get the education and services they need. In her practice, she litigates for those children and educates their parents on becoming better advocates for their needs.

In this episode, we’re going to discuss:

The broad spectrum of disabilities that special needs education must address.
The role that Individualized Education Plans (IEPs) play in tailoring the educational experience for a special needs child and why parents must be incredibly diligent in ensuring that their child’s IEP accurately covers ALL of the services.
Why seeking the services of a special education attorney even before an impasse with the school district is in the best interests for all parties.
How school districts blame COVID for staffing shortages and why that isn’t an excuse when it comes to special needs support.

And more.

Special needs students are not always given the attention and support they need. We hope this episode helps you and those you know better understand the tools and processes needed to help get a special needs student the education they are entitled to.

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At first glance, non-fungible tokens, or NFTs, would seem to have little place in the world of fine art. After all, they’ve only been around for nine years, and during that time, they’ve developed a reputation as an abstract form of digital currency only fully understood by tech-savvy early adopters. The mere mention of NFTs raises a bit of skepticism in some circles, partly because not many of us comprehend the technology behind them. Ask someone to explain NFTs and blockchain technology in layman’s terms, and you’re likely to hear plenty of stammering and double talk, but our newest episode of Absolute Trust Talk will provide a welcome reprieve from that. Kirsten Howe’s guest is Claudia Worthington Hess, who brings an unusual combination of 40 years of experience in the art market and a thorough knowledge of NFTs to the discussion. A member of the Appraisers Association of America (AAA), Claudia is a certified fine art appraiser who works with museums and other clients throughout the US and Canada on insurance, donation, and estate appraisals. After founding Hess Art Advisory in 2010, she eventually broadened her focus to accommodate the rapidly growing role that NFTs had come to play in the realm of fine art, prompting her to co-found New Media Art Advisory. Her new book, NFTs: A Handbook for Art Lovers, results from 17 months of research on this often-misunderstood topic. In this episode, she’ll explain why NFTs and fine art — two worlds that seem to have nothing in common — are a natural fit for each other and why NFTs are here to stay, becoming more prevalent in the future. She’ll also provide some interesting perspective on just what goes into determining the value of a given piece of art — much like the fundamentals of NFTs, this is a process that also leaves many of us mystified. We will also discuss: * The various events that prompt someone to hire an art appraiser and the distinction between “retail/replacement value” and “fair market value” that not only guides the appraisal process, but also result in a different valuation for each of these. * Why, as entertaining and compelling as it might be, the story behind a given piece of art is often misleading and shouldn’t play a part in the appraisal process. * The role that NFTs currently play in the world of fine art and why they’re likely to take on an even more prevalent role in the future — some of the statistics that Claudia will provide are sure to surprise you! * How NFTs can benefit artists in the future by providing solid proof of agreements between artists and galleries. * Some actual appraisals Claudia has made not only run contrary to the images most of us conjure up when we think of high-price artwork but also resulted in welcome surprises for art enthusiasts who bought wisely and held on for the long run.

And more! We hope you will join us as we take a look at the world of art appraisal, the rise of NFTs and the connection that’s been growing between these two seemingly disparate worlds.

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It’s a scenario you’d never want to imagine — let alone experience — but it happens more often than you’d think. After doing hours and hours of research, and asking all the right questions to a list of skilled nursing facility candidates for a loved one who needs long-term care, you decided on what you believe was the best option. Later on, you come to find out that your loved one failed to receive the care they were promised and showed signs of abuse.

If you’re like many people, you may have thought that facilities like the one you chose were guided by a sense of duty to the vulnerable and dependent residents they serve. But unfortunately, skilled nursing facilities are almost invariably for-profit businesses that put a very high premium on their bottom line, sometimes to the detriment of their residents.

To find out what you can do to ensure that your loved one gets the best possible care in their nursing facility, we’re pleased to welcome Shahrad Milanfar, of Milanfar Law in Walnut Creek, who helps victims of nursing home abuse and neglect. Shahrad has substantial court-tested experience with nursing home abuse cases and takes pride in being a persistent voice for clients during litigation. His selection to the National Trial Lawyers Top 100 for 2022-23 is a testimonial to his skill and knowledge in court — both of which he continues to teach as an adjunct professor at the Golden Gate University School of Law.

In this episode, we’re going to discuss:

The proactive steps that family members can take to ensure that the skilled nursing facility they’ve chosen is held accountable for their loved one’s proper care.
The defining characteristics that nursing home neglect cases usually have.
Why Covid made proper skilled nursing care more challenging, and how its aftermath has made accountability easier.
Why claims that a skilled nursing facility resident is exhibiting “unreasonable” behavior doesn’t excuse the facility from providing sub-par care, and the specific questions you should ask if you suspect this is the case.
Several resources you can turn to if you suspect a loved one is showing signs of neglect or abuse.

And more!

Deciding to entrust the care of a loved one to a skilled nursing facility is a tough decision. If you have suspicions that the care they’re receiving isn’t living up to the standards that were promised — or worse, if that care amounts to outright neglect or abuse — it can be devastating! With this episode, we hope you’ll gain a better understanding of your options and how to better protect a loved one from abuse or neglect in long-term care.

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Whether you’ve experienced it yourself or have seen it happen to someone close to you, you’re likely to agree that there aren’t many life events that are more emotionally taxing than divorce. Two lives that have been bound together — by law and through shared experiences — are severed, and with that comes the necessities required to complete that break. The emotional component, however, often makes every step in the process as contentious as it can be, with both parties not only going to the mat to look after their own best interests but sometimes — let’s face it — also inflicting emotional and financial harm on each other.

In a “50/50” state like California, where assets are required by law to be divided equally among spouses, it would seem like a cut-and-dry job, and in some respects, it is. But not all community assets are that easy to divide. The most obvious example of this would be the family home. You’re not likely to find many divorced couples willing to live under the same roof with spatial boundaries cutting the residence in half, and, of course, literally dividing a house in half would render both halves unlivable.

In reality, arriving at an equitable division of assets after a divorce is a very complex undertaking. There are plenty of considerations to be made — many of which wouldn’t even be on the average person’s radar. But, if you’re contemplating divorce or want to provide some insight to someone close to you who is, you’ll definitely want to tune into the latest episode of Absolute Trust Talk, as Kirsten welcomes Glenn Bittner, who is not only a financial advisor with Pacific Wealth Planning but also a Certified Divorce Financial Analyst. Glenn offers a unique blend of practical knowledge and experience that allows him to view the emotionally fraught issue of divorce from the rational, financial side. In addition to his CDFA® certification, Glenn obtained his FINRA Series 6, 63, 65, and 7 licenses. As a former mathematics major, he has a penchant for calculating the present and future valuations of a wide array of financial assets. He was born for this role!

In this episode, we’re going to discuss:

The importance for Glenn and any CDFA® is to ask the right questions and learn essential information about both parties in a divorce proceeding.
What a Qualified Domestic Relations Order (QDRO) is, its role in a divorce proceeding, and why it’s sometimes best to avoid a QDRO altogether?
Why dividing a pension earned by one spouse between both parties can be especially challenging, if not impossible.
The various emotional aspects of the family home often make it a particularly contentious part of the divorce process.
Why allowing emotion to dominate divorce proceedings may not only lead to a less than equitable settlement but also bring about unforeseen financial consequences for one or both parties down the road.

And more!

Unfortunately, as we all know, divorce is never easy, and many moving parts require us to set aside emotion so that rational thinking can take center stage – easier said than done, right?! We aim to help you walk away from this episode with a better idea of what needs to be considered when equitably dividing financial assets.

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Ever since the mid-’50s, when “That’s Alright Mama” hit the airwaves and marked his rise to stardom, Elvis Presley has been lauded as one of the most galvanizing figures in the history of popular music. He became a household name as quickly as anyone ever had in his pre-social media time and would go on to have an incredible 149 songs make the Billboard Top 100 Pop Chart. He would also become the ultimate Las Vegas fixture — the prototype creator of what is now known today as the “Las Vegas Residency.”

Sold-out concerts, hit songs, packed theatres. Elvis generated a LOT of money. And, if you’d conclude that Elvis’s own share of this revenue led to a lavish lifestyle that very few other entertainers matched before or since, you would, of course, be right. But we’re also familiar with the cautionary tale that came with Elvis’s fame and fortune. When he died in 1977, he left behind an estate valued at around $5 million — a surprisingly small sum, considering his accomplishments.

With Lisa Marie Presley’s recent unfortunate and untimely death, the Presley estate is back in the news. A closer examination of this estate will reveal that fueled by a series of interesting planning decisions over the years since Elvis’s death — some very questionable, but a few surprisingly wise — it has gone through a series of dramatic twists and turns that, in a way seem befitting of such a storied and larger than life public figure.

But this financial saga holds far more than the unfortunate tabloid “car crash” appeal that seemed to follow the Presley name after his passing. There are also plenty of teachable moments included in this story! Join us for the latest episode of Absolute Trust Talk as Kirsten Howe and associate attorney, Madison Gunn, examine the Presley approach to estate planning over the years and detail the various decisions that have led to its current state.

In this episode, we’re going to discuss:

Elvis’s seemingly unusual method for organizing his estate
The broad language contained in his testamentary trust that showed Elvis’s concern for his family
The tremendous amount of latitude that Vernon Presley — Elvis’s father and his original trustee — was given. This latitude would lead to a dramatic change upon Vernon’s own death
Just how dramatically the new trustee’s wise moves reversed the Presley estate’s seemingly bleak future.
Why, considering her state in life, coming into control of a vast fortune created a terrible situation for Lisa Marie
How, in the days after Lisa Marie’s death, poor planning and questionable motives combined to create a plethora of litigation

And more.

Don’t miss this latest episode of Absolute Trust Talk as Kirsten and Madison chronicle the history of this estate, and share some legal wisdom that could have significantly alleviated the conflicts and fluctuations it has seen over the years. We hope you’ll walk away with insights on what you should or shouldn’t do in your own estate planning.

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Ever open a closet drawer only to discover something from your past that’s long since been rendered obsolete? More often than not, this obsolescence comes by virtue of outdated technology — or, in the case of clothing, because of a shift in what’s considered fashionable. Think VHS players, a Sony Walkman . . . parachute pants.

While you probably wouldn’t expect to find any such relics within the realm of estate planning, they might just exist there too. If you’re married, an excellent case in point is the AB trust you’ve been holding onto for quite some time — maybe without even knowing it. And like those archaic electronic devices or that “of its time” fashion, it may be time to kick it to the curb.

At one time, AB Trusts were very common. They harnessed a specifically designed structure to minimize exposure to the California estate tax laws that included a surprisingly low exemption — as low as $1 million dollars. So, if a couple had a worth of $2 million and one spouse died, the remaining spouse was often saddled with a substantial estate tax liability.

But, in 2013, those estate tax laws changed dramatically. That exemption mentioned above was bumped up by a multiple of more than 12 times — meaning that it now shielded a far greater number of estates from estate tax liability and, for many couples, also rendered their AB Trust obsolete.

Are you one of these couples? Tune into the latest episode of Absolute Trust Talk to find out. Kirsten Howe and associate attorney, Madison Gunn, will take a close look at AB Trusts, including the reasons why they became such a “go-to” strategy for so many married couples, why this type of trust can be more trouble than they’re worth for some, and how they still offer specific protection that may make them invaluable for a few others.

In this episode, we’re going to discuss:

Why AB Trusts were often the perfect fit for married couples based on the estate tax laws in place about a decade ago.
How the AB Trust got its name — including Kirsten’s take on the trust’s naming origin.
The specific requirements of an AB Trust. These requirements entail a considerable amount of legal and accounting work at a certain point, and extra costs come with that.
The primary consideration that must be made to determine whether or not an AB Trust is still the best option for you.
Some scenarios that can play out in the absence of an AB trust. These scenarios may make an AB Trust your best option despite its requirements.
Why, if you haven’t updated your trust in the past decade, you should make an appointment with your trust attorney ASAP.

And more.

Despite those changes to California estate tax laws, many couples still retain an AB Trust that will profoundly impact how their estate is maintained in the event one spouse dies. It’s our goal for you to walk away with a clear understanding of this sometimes misunderstood — and potentially outdated — estate tax strategy.

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California’s Proposition 19 was passed as a constitutional amendment about two years ago amid quite a bit of confusion. A large part of this stemmed from the misleading rationale that positioned it mainly as a means to extend a financial lifeline to Californians whose homes were destroyed by wildfire or other natural disasters. This paved the way for them to transfer their property tax base to a new home in any of California’s 58 counties and thus rebuild their lives after such a tragedy.

Obscuring things further were also some takebacks from the homeowner benefits offered, which largely replaced — Proposition 58. These takebacks from Proposition 58 centered mainly on the property tax benefits available when a primary residence was passed from parent to child. Now, it only covers the primary residency or family home. If it is transferred to a child, that child must make it their primary residency within one year after the transfer, and the property must remain their primary residence. Any other type of move will essentially trigger a reassessment. And many clients are still surprised about this.

Luckily the Board of Equalization has come out with clarifications and guidance on how Prop. 19 is supposed to work. So, if you’re wondering if the proposition has been a net gain or a bust, we are taking a closer look at both the good, the bad, and reviewing the new instruction in this episode of Absolute Trust Talk. Kirsten and Madison will weigh in on the proposition’s changes, what those changes mean for the citizens of California, and share some insights from the impacts we’ve been seeing with our clients here at Absolute Trust Counsel.

In this episode, we’re going to discuss:

The enhanced property tax benefits that Proposition 19 now provides to homeowners over 55 or who have been victims of a natural disaster.
The benefits that California homeowners lost when Proposition 58 gave way to Proposition 19 — they’re pretty substantial.
The Board of Equalization’s part in overseeing property tax administration and how some recent changes have left the agency behind the eight ball.
How a commonly misunderstood part of the tax reassessment process can leave some family members with a property tax bill, they hadn’t bargained for.
What the Board of Equalization now says about the parent/child property tax exclusion if one inheriting child decides to buy siblings out of a deceased parent’s primary residence.
Why this legislation reflects California’s push toward ADUs and how they’re favored over other forms of multi-unit residences.

And more.

Nearly every piece of passed legislation brings some unforeseen and often unintended consequences, but in several ways, Proposition 19 is unique. A large part of this distinction comes from its jurisdiction over homeowner tax protection. So, if you’re a California homeowner who plans to leave a primary residence to your children, listen in, as these changes will directly affect your — and their — financial future.

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For most of us — especially those nearing retirement age or are already there — our home is our most valuable asset, so it’s impossible not to focus on the many factors that affect its worth. While prices tend to go up over time, it’s short-term, as of late, that have caused some rather dramatic changes.

When the pandemic hit, the primary residence became a hot commodity. Why? Because people were spending 24/7 in their homes, working, and living in one space. In the Bay Area, that caused a roughly 20% appreciation in specific areas like Contra Costa and Alameda Counties. A stark contrast to the typical national average of 3.6% per year. Most recently, we’ve seen the Fed hike the interest rates, which caused another 20% increase.

With all that said, we can’t help but wonder where things stand in the Bay Area housing market now and what we have to look forward to in the coming year. To get an insider’s perspective, we’re thrilled to welcome long-time Bay Area resident and RE/MAX real estate veteran Mark Shaw, a returning guest, to the show.

In this episode, we’re going to discuss:

Just how profoundly the real estate industry was affected when Covid first struck
Several of the far-reaching effects that have resulted from the rise of the remote workforce
The catalysts behind the Bay Area housing market’s meteoric rise
Why, despite some of the economic indicators we’re now seeing, a repeat of the 2008 crash is very unlikely
How financial and psychological factors have now combined to create an unusually tight home inventory

And more.

At Absolute Trust Counsel, we’ve seen the ever-changing market significantly affect our client’s financial plans over the years. We hope you will join us as we discuss what the current market landscape means for first-time buyers and sellers, and what might be coming next.

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The quest to follow a client’s wishes will always top the list of priorities for any conscientious estate attorney — keeping all parties concerned out of court likely runs not far behind — and while there’s no failsafe way to ensure that priority #2 is 100% achieved, having an honest and open communication among family members about your estate plan is the best way to stack the odds in your favor.

The subject of estate planning can make family members feel a little uneasy, even when some of its most obvious aspects are often left unspoken. For example, where to find the estate planning documents needed to carry out your wishes and the location of the assets to be distributed to your heirs as you see fit. This can lead to confusion, especially when emotions are already at a fever pitch. The chasms it can create among family members can last a LONG time — sometimes even permanently.

Notifying your family members of your wishes as clearly as possible is the best way to avoid surprises and the potential fallout that might result from them. And while it’s a great idea to get family input on several aspects of your estate plan, this input shouldn’t be the only factor in shaping your decisions. You shouldn’t have to ask your children for permission to create your estate plan as you see fit.

With all this in mind, planning your estate, so things go as smoothly as possible when it comes time to carry out your wishes seems pretty challenging, doesn’t it? It often is, but let’s see if we can make it a little less daunting. Join us for a new episode of Absolute Trust Talk, as Kirsten Howe and associate attorney, Madison Gunn, take a closer look at several ways to take the surprise element out of estate planning to reduce the chances of resentment that can drive a wedge between family members.

In this episode, we’re going to discuss:

How our migration to the digital age has added an extra challenge to conveying your wishes to family members
Why deciding on the right trustee — as well as knowing who it SHOULDN’T be — is so crucial
The important conversation that should come even before you sit down with family members to discuss your estate plan
Why making ALL of your wishes known — including those for end-of-life care — is such a kindness to your survivors
A few of the commonly encountered assets that are especially prone to triggering hard feelings and resentment

And more.

There is no single right way to plan for the distribution of your estate’s assets when you’re no longer around. Just as every family is different, so are the relationships between its family members. But, making sure that the essential details of your estate plan are properly discussed can go a long way toward keeping peace and harmony in the future.

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Since, for nearly everyone, a home mortgage represents the biggest — and most important — loan of all, rising interest rates have made home buying more of a challenge. But if you happen to be a prospective homeowner, that’s no reason to give up. The connection between the Fed raising interest rates and experiencing more pain in your wallet when you apply for a home loan is often misunderstood — the relationship isn’t quite as direct as you might expect. And while you can’t help but notice that home loan rates are higher than they were just a few months back, from a historical perspective, they’re still pretty low. More importantly, there’s some upside to the recent shifts in the home loan market that you might not have already considered.

Sound more encouraging? Then join us for our milestone 100th episode of Absolute Trust Talk as we speak to Janice Nugent, a certified mortgage planning specialist with Compass Mortgage Advisors. With more than 15 years of experience in this capacity, Janice is not only well-qualified to weigh in on current home loan market conditions, but during that time, she’s also made it a priority to help her clients build wealth, financial freedom and pursue their life goals by leveraging intelligent mortgage, cash flow, and home equity strategies.

Janice has forged her career by looking out for her client’s best interests — not only in the present, but farther down the road. She takes a well-rounded, holistic approach to her role and encourages her clients to look at a home loan purchase not just in terms of shelter or as an investment, but also in terms of how a pending purchase will affect other facets of their lives. She’ll provide a fresh perspective on home ownership — whether for a primary residence or investment purposes — and give you a logic-based overview of the home loan market as it currently stands, as well as the opportunities that still exist for prospective home buyers. In this episode, we’re going to discuss:

The advantages of working with a mortgage broker versus working directly with a bank
How the Fed’s rate hikes affect mortgage interest rates — HINT: There’s not as direct a connection as you might think
The factors that home loan rates are actually tied to
Why prospective home buyers need to consider how a home purchase will affect their life goals
Some seldom discussed but very beneficial by-products of the recent home loan interest rate hikes

And more.

If you’ve been considering buying a home for some time — whether as a primary residence or as an investment — but now feel like the recent interest rate hikes have dashed your hopes of pursuing the American Dream, this episode will have you reconsidering your assumptions. Janice will discuss some programs you might be able to use to bring home ownership back within reach and explain why changes in the real estate market actually create some upside — especially for first-time buyers.

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Caring for someone with special needs is not only challenging but often isolating as well. The responsibilities that come with this role are emotionally heavy and offer no real “time off,” so caretakers spend a big part of their lives feeling overwhelmed by the pressures of their everyday lives. These responsibilities are usually for the long haul, and a good deal of the strain that comes with being a caretaker for someone with special needs centers on making the proper long-term preparations. Future housing considerations certainly top that list.

When faced with significant challenges, we often research precedent — seeking effective solutions that have been tested and proven by others. But what if no such precedent is available? That’s the situation Susan Riggle, our guest on the newest episode of Absolute Trust Talk, found herself in. The mother of twins — one of whom remains unable to say his own name, ask a question, or tie his shoe — Riggle began her journey to find an appropriate and effective housing solution for her special needs son in response to one very poignant question posed by his twin sister: “What’s going to happen to Tommy when you’re gone?”

Unable to provide an appropriate answer, Susan began researching her options. A state employee at the time, she had plenty of contacts to reach out to, but found that nobody had any real answers. And as it turned out, they still don’t today. So, believing herself to be part of a small and isolated group of caretakers faced with this situation, Susan attended a conference in Los Angeles and found more than 400 people in attendance — all of whom were in search of the solution to this very same problem. The bonds that were forged during that 2013 meeting — and the networking that resulted — gave rise to Living Unlimited. A nonprofit centered on creating solutions for the lack of special needs housing.

As the Co-founder and Vice Chairman of Living Unlimited, Susan has found her journey ever since to be both immensely rewarding and often very demanding. In this episode of Absolute Trust Talk, she’ll recount some of the substantial roadblocks she’s faced, as well as the often-revolutionary approaches that Living Unlimited has created to provide special needs adults with a comfortable and rewarding housing situation that’s capable of extending beyond the lives of their parents.

It’s a very captivating episode — Susan refers to her time at the helm of Living Unlimited as a “labor of love” while at the same time freely admitting that she’s not sure if she would have embarked on her journey had she known just how challenging it would be.

In this episode, we’re going to discuss:

The evolving challenges that make creative solutions to special needs housing so difficult to achieve
How Living Unlimited puts its substantial experience to work to create viable special needs housing communities
The revolutionary approaches that Living Unlimited has created and executed to solve these unique challenges
How the families of special needs adults participate in the program
Why Living Unlimited’s approach to special needs housing is not only a more comprehensive solution than other options, but also offers more real-world practicality

And more.

If you’re the parent of a special needs child — or are friends or family to someone who is — you likely know all too well about the myriad of difficulties that come with this role. Listen in as Susan provides invaluable insight into how families can solve their special needs housing challenges and explains how this can happen.

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Considering what might potentially hang in the balance, logic would suggest that when it comes time to prepare an estate plan, nearly all of us would stick to a “just the facts” approach, steering clear of secondhand and ill-conceived advice from friends or flat-out inaccurate information that’s been handed down from generation to generation. But let’s be honest, estate planning can have its complexities and be confusing, so often, the information we have from our peers might be all we have.

The problem is, when it comes time to put an estate plan into action, it’s usually too late for do-overs. And, if that estate plan is built on faulty information or incomplete follow-through, the financial consequences can be substantial — even life-changing. Hard-earned assets that don’t end up going to the intended beneficiaries, unintentional and seemingly harmless missteps that can result in legal action, and even woefully inadequate medical provisions at a point in life where they’re needed the most.

We totally understand that there is a sense of uneasiness that often surrounds the subject of estate planning. Almost nothing reminds us of our own mortality, like sitting down and strategizing for our pending demise or incapacitation. So instead of putting in the all-important due diligence to get to the bottom of the realities of estate planning — or better yet, soliciting the guidance of a qualified professional — many of us take the path of least resistance and rely on often expedient but faulty information that can bring on those severe consequences down the line.

It’s just too important a topic to rely on shortcuts, so in this episode of Absolute Trust Talk, Kirsten Howe and associate attorney, Madison Gunn, will not only examine some of the most common estate planning myths they’ve encountered in the course of their practices, but will also counter them with the actual legal facts.

These myths will range from thoroughly believable to seemingly irrational. Some you may have even accepted as fact a long time ago, while others might leave you scratching your head in disbelief. But they’ll all have one thing in common — subscribing to them can lead to many problems down the line.

In this episode, we’ll discuss:

How, despite the best of intentions, lack of follow-through can torpedo major elements of even the best estate plans
The misunderstandings that surround the concept of common-law marriage (Hint: It’s not even a thing in many states)
Why irrevocable trusts aren’t the panacea that many believe them to be
The variety of circumstances that can lead details of your estate plan to be divulged to people you’d rather not know about it
What is required of an aging parent when it comes time to update their estate plan
Why estate planning is essential even for those who don’t have heirs or have amassed valuable assets

And more.

With all the misinformation surrounding estate planning that’s circulated over the years, it might be hard at times to separate fact from fiction, but we’re here to help! Join Kirsten and Madison as they clear up some of the most common estate planning myths they’ve encountered during their careers and replace these falsehoods with actual facts.

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It’s hard to deny that we now live in a celebrity-centric society. At one time, programming like “Lifestyles of the Rich and Famous” seemed a novel concept. Now we’re bombarded almost daily with content chronicling the everyday activities of celebrities of all kinds — including stars with no real claim to fame other than having amassed a large following on social media.

Our fascination with the rich and famous is hard to put down. We like to believe that our favorite celebrities are like us — they walk their dogs, go shopping, hit the gym, and live much like we do. That’s probably why all that TMZ-style photo and video content centered on celebrities going on about their daily lives is such a mainstay of social media. It reinforces the notion that stars are very similar to us despite their wealth and fame.

Comforting as that may be, most of us — probably yourself included — also realize that, in some respects, celebrities are, in fact, nothing like us. After all, multi-million-dollar estates, exotic cars that cost more than many houses, entourages, and travel via private jet are luxuries that few of us get to experience.

Considering the financial resources at their disposal, you’d think that most celebrities would have a legion of financial experts at arm’s reach to not only maximize their income but also build estate plans that leave nothing to chance when it comes time to transfer all that accumulated wealth to the heirs of their choosing.

As it turns out, that’s often not the case. When it comes to estate planning, many celebrities are very much like us, either putting it off

entirely or dealing with it in a haphazard fashion. In our newest episode of Absolute Trust Talk, Kirsten Howe and associate attorney, Madison Gunn, take a closer look at some of the surprising missteps — ranging from poor planning to outright avoidance — that many members of the rich and famous have made when planning for that time when they’ll no longer be around.

A number of these situations will probably seem pretty familiar, yet the fallout from these celebrities either taking ill-conceived actions — or no action at all — can be substantial. Huge amounts of wealth that could have otherwise been shielded end up in the government coffers via taxation, heirs battling it out in court for years (literally), and some heirs being enriched to the extent that has led them down a tragic, and sometimes even fatal, path.

It’s a bit of a departure from most of our ATC podcasts, but it still maintains a common thread. You’ll hear stories about the rich and famous that are, at times, both sobering and entertaining, and yet there’s no shortage of teachable moments included. Besides being better equipped to avoid estate planning mishaps, you’ll also walk away from this podcast with a better idea of the right steps to take for a smoother process when planning and administering your estate.

In this episode, we’re going to discuss:

How, despite wealth and access to the best financial advice, celebrities often avoid the topic of estate planning altogether
The challenges that come with estates that include music rights and other intellectual property
Missteps by the rich and famous that have led to the government taking huge shares of estates at the expense of potential heirs
How poor planning has led to heirs being enriched to the extent that they proved unable to handle
Why having the best of intentions and communicating them to others is no substitute for a properly executed will
The privacy implications of a celebrity dying intestate

And more.

Because so much wealth is usually at stake, we tend to assume that the rich and famous almost always take the necessary steps to ensure their estate plans reflect their intentions and are airtight. Unfortunately, this is often not true, but as you’ll see, when celebrities either improvise with their estate plans — or take no action — the consequences can be enormous. The fallout may make for good tabloid fodder, but at the same time, it’s sobering.

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Planning for the time when you’ll no longer be around is a difficult topic for many of us to discuss. After all, who wants to be reminded of their own mortality? But, regardless of the discomfort, it’s a topic that needs to be addressed. Avoiding it can only bring confusion and hostility among your heirs, and the possibility that your hard-earned assets won’t be passed on as you would have intended.

When the administration of an estate plan involves the inheritance of a house, as many do, the potential for problems grows even greater. While most situations go smoothly, just as many don’t, and the decisive factor between the two outcomes almost always boils down to how much forethought goes into the succession plan — who gets what when you’re no longer here?

Because of the emotions almost always attached to a home, whether it’s a primary residence or a vacation cabin — as well as the potential financial implications — deciding who will inherit your home and how it will be inherited is tricky territory to navigate. No two families share the same relationships among their members. When an asset as substantial as a property is involved, emotions can overtake logic, leading to tensions that can last for a long time. All the right “what ifs?” must be asked — regardless of how uncomfortable these questions might make everyone feel.

In our newest episode of Absolute Trust Talk, Kirsten Howe and associate attorney Madison Gunn will closely examine the many factors that should be considered when you’re passing real estate on to your heirs. In their collective years of practice, they’ve encountered a wide variety of scenarios, and they’ll be leveraging this experience to provide a unique perspective on this very important topic. In the process, they’ll unearth a number of questions, many of which you may not have considered.

In this episode, we’re going to discuss:

Why careful planning is the key to the smooth administration of an estate plan
How changes in the California tax code have had a profound impact on inheriting the family home
The potential challenges a family home might carry when it comes time to pass it on to an heir (or heirs)
Several potential scenarios where inheriting the family home can range from relatively simple, to downright complex
How open, honest communication can prevent resentment and hostilities among heirs

And more.

If you’re like most homeowners, the family home is by far your most valuable asset, so it’s vital to ensure your property gets passed on as you see fit. This episode will give you a roadmap of the process, the factors that should be considered, the questions that must be asked, and how to facilitate good, honest communication among your heirs. Let’s get started.

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When planning for the ongoing needs of a special needs child or relative, there’s quite an array of considerations that have to be made — some foreseen, some not. It’s about far more than just paperwork — no two families are alike regarding their financial situation, the vision they hold for the future of their special needs child, or even the unique care requirements of that child.

These families do, however, tend to share one common purpose: that the parents are doing their best to replace themselves in the future when they’re no longer around. After all, despite our best efforts, none of us live forever.

If this is a scenario that’s in your future — or perhaps the future of someone you know — you probably already appreciate how easy it is to be overwhelmed by the process. And if there wasn’t already enough complexity to deal with in terms of insurance, benefits, caregiving, education, etc., special needs care planning also carries an additional challenge you won’t find when planning for the care of an elderly parent or relative — it can often be for the long term, as “special needs” isn’t necessarily synonymous with a shorter life span.

To bring special needs care planning into sharper focus, we are thrilled to be speaking with Ann Koerner, CEO, and Founder of National Care Advisors, in a new episode of Absolute Trust Talk. Since 2008, they’ve provided consulting services for special needs families, attorneys, financial planners, and trustees who support individuals with complex care needs. As a result of her work with many national corporations, Ann possesses extensive business knowledge of case management, utilization review, third-party payers, workers’ compensation, private insurance companies, and government resources. In addition to her special needs expertise, Ann holds a degree in nursing from Russell Sage College. She began her nursing practice as a public health nurse in New York and later with the City of Columbus Health Department.

Ann will be talking about the challenges that lie ahead for family members, including parents, siblings, and other relatives, when planning for the future of someone with special care needs. There’s a lot to consider, from financial planning to living accommodations and day-to-day care.

In this episode, we’re going to discuss:

The most common scenarios that prompt a family to seek specialized outside help with special needs care planning
How parents’ initial assumptions when planning are often unrealistic
The role that siblings usually prefer to play in special needs care planning
Why failing to seek qualified outside help to save money often has the opposite effect
The various ways that National Care Advisors can help families navigate the Special Needs Care Planning process

And more.

Whether special needs care planning is in your future, or you’re already mid-process and experiencing more than a bit of frustration, this episode will put this often-complex planning in a clearer light. It will also raise questions you probably haven’t even considered, so let’s get started!

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In this episode, we’re going to discuss:

The most common scenarios that prompt a family to seek specialized outside help with special needs care planning
How parents’ initial assumptions when planning are often unrealistic
The role that siblings usually prefer to play in special needs care planning
Why failing to seek qualified outside help to save money often has the opposite effect
The various ways that National Care Advisors can help families navigate the Special Needs Care Planning process

And more.

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At Absolute Trust Counsel, we used to create this podcast just as a podcast. We would sit in a room with our headsets, microphones, and just record. Then when the pandemic hit, things changed, and we started live streaming so we could interact with our clients and audiences in a new and impactful way.

As we think about how the pandemic changed our way of life, it's easy to relate to downloading and learning new apps and buying new devices just so we could carry on and do the "normal" things that we always used to, right? It wasn't long ago that many of us saw Zoom and other communication platforms as novelties that weren't likely to assume an important position in our lives. Similarly, while many of us are familiar with things like Google Maps, far fewer have ever had to explore all that it has to offer fully.

And despite its tangible, everyday benefits, technology isn't that intuitive, so there can be a learning curve that may seem downright daunting. We need help, and we need instruction, especially for older adults who want to learn to leverage technology to make life easier and open new possibilities and experiences.

"Where were we supposed to learn this information? We must recognize, that one, not only is it not your fault if you don't understand or have this information, but two, it's our mission at Senior Planet to make sure you're informed, especially when it comes to going online to protect your own personal information online. So again, this is where we're honing in on providing that safe space for participants to learn a lot and have fun."

In our newest episode of Absolute Trust Talk, we have the privilege of introducing you to Ryan Kawamoto, Regional Program Director for Older Adult Technology Services at Senior Planet, an AARP affiliate. Together Ryan and Kirsten will be telling you all about Senior Planet, a valuable resource that's just a phone call (or a mouse click) away and will help pave the way for you to master today's most useful technology. Concerned about the cost? Don't be. This multi-faceted resource is at your disposal, free of charge. Concerned that you must be an AARP member to participate? No worries there, either. An AARP membership isn't required.

In this episode, we're going to discuss:

Several ways that technology can improve our lives
How COVID has made technology more important than ever
How Senior Planet's programming makes learning technology easier
How mastering technology can keep us safer while online
The various ways these valuable learning resources can be accessed (at no charge!)

And more.

Whether you've been curious about emerging technology but have difficulties trying to use it or would just like a refresher on some of your favorite apps or devices, this episode is for you.

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In this episode, we're going to discuss:

Several ways that technology can improve our lives
How COVID has made technology more important than ever
How Senior Planet's programming makes learning technology easier
How mastering technology can keep us safer while online
The various ways these valuable learning resources can be accessed (at no charge!)

And more.

Whether you've been curious about emerging technology but have difficulties trying to use it or would just like a refresher on some of your favorite apps or devices, this episode is for you.

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Estate planning can be difficult for people to face, and unfortunately, it doesn’t get any easier when guardianship comes up. Many young families struggle with the decision-making around this – no one wants to think about what will happen to their children if they are no longer around. But as much as parents try to avoid it, it is one of the most critical decisions parents can make. We often find that clients are surprised by how complex guardianship can be. It is not quite as simple as jotting down Aunt Jane’s name and moving on with your day. There are many things to consider, and you want to get it right so everyone involved can transition and maintain their lifestyle as comfortably as possible.

In this episode of Absolute Trust Talk, Kirsten and Madison team up to discuss:

What guardianship is
The guardianship processes
The different situations when guardianship is necessary
The different types of guardianship
How to select the right guardian

And more!

There are many reasons to put off selecting a guardian, but we urge you to take a minute to think about your children. If your family ever finds themselves in the difficult situation of needing a guardian, will your kids and family have the comfort of knowing what you want for them? Or will you leave it up to the court to decide for you? We hope you will listen to this episode and share it with your friends and family because guardianship is a topic every family should discuss.

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In this episode of Absolute Trust Talk, Kirsten and Madison team up to discuss:

What guardianship is
The guardianship processes
The different situations when guardianship is necessary
The different types of guardianship
How to select the right guardian

And more!

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Do you own an investment property? Are you thinking about selling it but are overwhelmed by the tax implications? Well, then, we’ve got good news and a great podcast episode for you that might just provide a solution that you may not have known was possible. Ever heard of a 1031 Exchange? (Okay, we’ll end the questions and just get to the good stuff!) In short, a 1031 Exchange allows you to swap one real estate investment property for another while deferring capital gains taxes. It sounds great, but 1031 has A LOT of moving parts you need to understand before attempting to use one. For example, an exchange can only be done with “like-kind properties,” the IRS has a lot of rules and limits when it comes to vacation properties, and there are specific time frames that can be challenging. However, we don’t want to scare you because this can be a very valuable tool if used correctly. So, to help get things straight, we’re bringing in an expert.

In this episode of Absolute Trust Talk, we’re thrilled to welcome Certified Exchange Specialist®️, Teresa Fluegel, to the show. Teresa is Executive Vice President at Chicago Deferred Exchange Company in San Ramon, California. She has over 25 years of experience working with attorneys, accountants, commercial real estate professionals, and investors seeking to defer tax using Section 1031. Teresa is a seasoned expert in navigating the intricacies of exchanges based on her involvement in thousands of transactions including: forward-delayed exchanges, reverse exchanges, and build-to-suit exchanges.

In this episode, we’re going to discuss:

What a 1031 Exchange is
How to qualify for a 1031
How exactly a 1031 Exchange works
What types of properties are included
Rules and requirements set forth by the IRS

And more.

If you’ve been considering a 1031 Exchange or are curious about how you can benefit, this episode will turn you into a savvy real estate investor in no time – understanding the complex moving parts, requirements, and how to enlist the professional help you need to get a 1031 Exchange done right. Let’s get started!

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Imagine leaving the home you've lived in for 30, 40, or even 50 years and downsizing all of your belongings so you can move to a smaller space or assisted living. This can be a very sad and sentimental experience for many people. How do you sort through all of your belongings that you've collected over the years, picking and choosing what stays and what goes? If your parents or other older loved ones are facing this transition, it's important to support them in every way possible.

In this episode of Absolute Trust Talk, Madison Gunn welcomes husband and wife team Art Lotti and Andriana Mendez, owners of Custom Moving and Hauling. Their passion is to consistently provide a custom personalized experience for seniors who are moving, decluttering, and cleaning out as they prepare for a new chapter in their lives. Their process includes talking through client goals, uncovering the challenges, and then working to provide a creative, efficient, and understanding solution through this deeply personal event in life. Having earned their Senior Move Manager Certification status, Custom Moving & Hauling has prioritized downsizing moves to support their mission: Helping you through life's many transitions™.

Through this discussion, Art and Adriana will cover:

How to determine what to keep and discard leading up to moving day.
How to memorialize sentimental items if they cannot be moved.
What options are available to remove unwanted items from the home.
How to handle moving day with your parents and loved ones when it arrives.

And more.

When faced with this challenging life transition, it can be helpful to involve experts like Art and Andriana not only to manage expectations but also to handle the process's details and intricacies so it can be carried out as seamlessly as possible, with minimal stress for all. We can't wait to have you join us and share this episode with your family and friends.

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It goes without saying that trustworthiness is the number one trait you should think about when you choose a trustee for your estate plan. Is the person going to do the job? Are they going to do the job right? Are they going to put the needs of the trust, estate, and other beneficiaries first? We know it’s a lot to think about, and honestly, there is no correct answer when it comes to choosing your trustee or trustees because every family is different. While it may also seem logical to name your child or children as trustees, this route can also come with its own complexities and concerns. As parents, the last thing you want to do is cause your family stress or unhappiness should you become incapacitated or pass away.

In this episode, Kirsten Howe and Madison Gunn talk about the factors to consider when naming your children as trustees, and some of the other more neutral options to think about, depending on your estate. Some of the points they cover include:

Why you might want to choose two separate trustees; one if you become incapacitated, and another if you die.
The personality traits that are important to consider in your trustee selection.
Why splitting the trustee duties between two children equally may or may not be the right decision.
When it might be suitable to hire a neutral third party to carry out your trust plans, such as a licensed professional fiduciary or a corporate trustee.

And more.

Carrying out a trust plan after its owner becomes incapacitated or dies is a big responsibility that takes much more time and effort than many realize. It’s important to make sure the person you select will be able to do so fairly, in a timely manner, and with minimal friction alongside your other beneficiaries. Whether you’ve already selected a trustee for your plan or you’re just getting started, this is an episode that every family should listen to. You may want to update your plan after you hear what Kirsten and Madison share.

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What would happen to your family if you or another primary income earner suddenly became disabled and couldn’t work for an extended period of time? What if they died and their income disappeared forever? Many families would have a hard time paying the mortgage, the property taxes, tuition, and many other expenses involved in a family’s daily life. And believe it or not, the majority of families don’t have an adequate plan to cover all those expenses.

In this episode, Kirsten Howe speaks with independent insurance specialist Todd Wellnitz about different types of insurance that he refers to as “lifestyle insurance.” He’ll share some general rules and stories to educate us about this critical aspect of financial and estate planning.

Don’t be caught off guard in the case of disability. This podcast will ensure you’re prepared for a loss of income in an unexpected situation.

Todd believes people's lifestyles are very personal to them and he wants to make sure that his clients keep that lifestyle protected, in case life shows up in those not so happy and unexpected ways. Todd recommends using insurance tools such as disability insurance, life insurance, long-term care insurance, and some income annuities as stabilization strategies for his clients' financial future, so they can sleep better at night.

As a fully independent broker, Todd’s company Wellguard Insurance & Financial, has no obligation to sell any insurance company's product. This means he doesn’t have a quota to provide a certain number of policies to his clients.

For consumers, Todd’s job is to make his clients look as attractive to the right insurance company as possible so he can get more money for their family from the big insurance companies. Another advantage to Todd’s business is that he can pick and choose from a variety of insurance companies to source the best protection for a particular situation.

Some of the topics covered in this podcast include:

The types of insurance that can be used to help generate income if a person becomes disabled
The amount of lifestyle insurance you’ll need to secure based on your income in order to protect your lifestyle
Believe it or not. You could be the beneficiary of your own life insurance policy
How to convert a term life insurance into a permanent policy without reapplying based on health
Using income annuities to help pay for long-term care
Why it’s beneficial to work with an independent insurance agent
What you can do if you can’t secure insurance coverage based on your health

And more.

If you haven’t thought much about how you’d protect your family’s lifestyle if the primary earner was to become disabled and you want to learn how to do it, this is the episode for you.

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Though it might seem like you’ve got everything covered within your trust document, estate planning is not just about what happens after you die. Issues can also arise in the event that you become incapacitated. Over the years we have seen all sorts of problems because not enough attention was paid to incapacity planning. If the current plan you have in place doesn’t make it quick and easy for others to step in and take over on your behalf, delays can cause your own health and well-being to suffer. It can also cause confusion and disagreement among family members leading to more time and money in court. In this episode of Absolute Trust Talk Live, attorneys Kirsten Howe and Madison Gunn sit down to discuss the types of trust failures and challenges that may be experienced from a lack of planning for incapacitation. They will share some important documents and items that you need to include in your estate plan, as well as tips and strategies to make that plan work seamlessly for you and your family if someone else ever has to step in. Some of the topics covered in this podcast include:

Why you should be putting ALL of your assets in your trust
How to work with banks to honor your power of attorney
The importance of refreshing a power of attorney every ten years
New legislation that impacts trusts after incapacitation

And more.

Whether you’re in the process of planning your own trust, or serving as trustee or beneficiary for someone else, this episode can help you anticipate unforeseen circumstances and avoid complications if incapacitation occurs.

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Approaching the topic of driving with seniors can be one of the most challenging conversations that families face. If a senior has a medical condition, must take medications, or hasn’t driven much in the last few years, it can affect their ability to drive safely. And unfortunately, it’s often up to the family to address these concerns, but it can be difficult to know where to start or what the impairment is.

In this episode of Absolute Trust Talk Live, attorney Madison Gunn talks with Melanie Henry of Driver Cognitive Assessment Center (DCAC) about the services and assessments available to help families make decisions regarding their loved one’s driving skills. The goal of DCAC is to offer seniors fair and accurate evaluations positively and compassionately while working to keep communities safe. They also provide support to families and physicians to help them address driving concerns with their loved ones.

Some of the topics covered in this podcast include:

How to handle your concerns if you fear your senior family member should no longer be driving
The types of driving assessments available for these seniors
How the assessment results are handled and reported

And more.

Melanie’s background includes social welfare, risk assessment, and senior caregiver. She is a licensed driving school instructor and also helps provide medical rides to Tri-Valley Seniors with a local non-profit named the Senior Support Program of the Tri-Valley. We’re excited to have her highlight a topic that many people avoid. If you or someone close to you could benefit from a driving assessment, you’ll want to listen to this podcast to hear more about how you can handle this concern in a loving and understanding way.

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Over the past few years, we’ve seen an influx of trust administration cases. And with nearly every trust and every client, there has unfortunately been some sort of planning failure. Some of them are small, easy fixes, while others are bigger challenges that cost more time and money. The worst part is that they could have been avoided if the right thought process and planning were in place from the start. It’s true there is a lot to think about when it comes to setting up your trust and estate plan, but to truly protect your legacy and beneficiaries, you must think through a variety of scenarios you may not have considered. In this episode of Absolute Trust Talk, Kirsten is joined by fellow Absolute Trust Counsel attorney Madison Gunn for another installment of Trustee Do’s and Don’ts. Kirsten and Madison will be walking through a handful of common mistakes that trustees and executors typically run into. These items include: * How to avoid probate even if you have a trust * Why it’s important to title your assets correctly, specifically your federal assets * How to navigate trust administration if you have a minor or special needs person as your beneficiary * How to use your trust as your “main vehicle” to avoid compounding court cases

And more!

Our goal with this episode is to educate you to see what holes may need patching up in your plan or, if you’re just getting started, what you should think through to ensure you build a comprehensive plan that protects everyone involved no matter what comes your way.

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Often, when an older adult modifies their estate plan, they are doing it of sound mind because of a change in their wishes. However, there are instances when an older adult makes the change because they are being pressured by someone who is taking advantage of their vulnerability and trust. Unfortunately, this happens more often than not. In the legal world, this is referred to as “undue influence,” which is considered a form of elder abuse.

In a new episode of Absolute Trust Talk, host Kirsten Howe is joined by RMO LLP’s founding partner, Scott Rahn. Scott’s firm is a national probate litigation firm focused on representing beneficiaries, heirs, executors, and trustees in estate and probate litigation matters, and families and fiduciaries in contested conservatorships and guardianships. Scott is a frequent contributor to news media such as the BBC and has been named to the Chambers and Partners “2021 High Net Worth Guide” and the “Best Lawyers in America” list by Best Lawyers. He has also been recognized as a “Top Litigator” by the Los Angeles Business Journal and a “Visionary” by the Los Angeles Times. Together, Scott and Kirsten discuss the impacts of changing one’s estate plan later in life and what litigation looks like for a case that includes elder abuse. Some points they will touch on include:

How to recognize elder abuse
What kinds of tools, strategies, and information are used in elder abuse-related cases
What happens if elder abuse is caught too late
How to keep a client’s estate plan intact after they pass away

And more!

This is a very important episode that all family members should listen to. As mentioned above, elder abuse happens every day, and many times, right in front of us. If an elder has an estate in place, it’s in place for a reason, and this episode will help you and your family protect their plan and wishes.

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Did you know that as of July 1, 2022, there will be some significant changes in the eligibility rules for Medi-Cal? Medi-Cal is the California implementation of Medicaid and something that many people depend on. Unfortunately, if you need Medi-Cal help now, these changes won’t be rolled out in time. But if Medi-Cal is something you’re planning on down the road, then these new law changes may help. Many more Californians will qualify for this support to help pay for nursing home care without spending down their assets or doing complicated asset transfer planning.

In a new episode of Absolute Trust Talk, host Kirsten Howe is joined by Absolute Trust Counsel’s associate attorney, Madison Gunn. Together, they discuss the changing laws and what California residents can expect once enacted. Some questions they will answer include:

What are the new Med-Cal rules and requirements?
Will these changes impact Medicare benefits and what is the difference between Medicare and Medi-Cal?
Who will not be affected by the new Medi-Cal requirements?

And more!

Whether you have yet to complete your Medi-Cal planning or estate planning, don’t miss Kirsten and Madison’s information on the big changes coming to this law. And remember, it’s never too early to plan for the future. We look forward to sharing these critical insights with you.

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Picture NBA player Brian Grant, known for his tenacity and fearlessness on the court. After pushing his body through conditioning, training, and contentious games, he learns he has Parkinson’s disease two years into retirement. Naturally, this came as an enormous shock. However, Parkinson’s is the fastest-growing neurological condition in the world. In fact, by 2040, the number of people living with Parkinson’s is set to double. Once Brian learned how to navigate living with this disease, he launched The Brian Grant Foundation (BGF) to “help people become their best, even when it seems impossible.” The disease affects your movements, your mental health and non-motor skills, among other functions, completely altering your way of life. And often, people experience symptoms years prior to the onset of other more prominent ailments.

In this new episode of Absolute Trust Talk, Kirsten sits down with Katrina Kahl, Executive Director of The Brian Grant Foundation. Katrina has over 20 years of experience in public health and advocacy. She is also known for her work as the Associate Director of the Michael J. Fox Foundation for Parkinson’s Research. Together, Kirsten and Katrina discuss the science behind the disease, the causes, symptoms, and methods to help alleviate some of the issues surrounding Parkinson’s. They also talk about the origins of the foundations, some current projects, and the abundance of free resources that BGF offers to help improve the quality of life for those with Parkinson’s.

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As we age, the goal for many of us is to stay in our homes for as long as possible. Sure, we might need some help down the road, but we’ll cross that bridge when we get to it, right? That sounds great in theory, but we don’t think about all the extra costs and the challenges we may face in obtaining home care. Often, calls are made to home care services with urgent requests for help, but knowing what benefits and aid might be available in advance can help you plan and even improve quality of life by avoiding urgent health care situations – this includes veterans and their families. In addition, our wartime heroes face a variety of even more unique health care needs as they age due to training and experiences on the battlefield.

In a new episode of Absolute Trust Talk, Absolute Trust Counsel attorney Madison Gunn guest hosts a conversation on benefits for vets and their unique aging journey with Carmen Perry. Carmen has more than 20 years of hands-on experience in the senior care industry. As the Vice President of National Accounts at Veterans Home Care, she works with VetAssist – a unique and exclusive program that “helps veterans or their surviving spouses apply for little-known Department of Veterans Affairs benefits to pay for assistance with daily living. So, if you or someone you know is a veteran, this episode is for you. Tune in to hear about all the benefits that the VetAssist Program offers as well as some new technology that can help families care for seniors from a distance.

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Life is full of changes, and we all experience transitions that can impact our lives in significant ways, whether they are big, small, planned, or unplanned. As an older adult navigating a journey in aging, adjustments often bring on feelings of anxiety and stress, even if they are positive. Whether you’re retiring and slowing down, grieving the loss of a spouse, or moving to a new community that will better meet your lifestyle needs, it can be a challenge to integrate and meet new people.

In a new episode of Absolute Trust Talk Live, Kirsten is joined by guest Penny Reed of Rossmoor Counseling Services. Penny is a licensed clinical social worker with over 20 years of experience and expertise in geriatrics, mental health, and the impact of chronic disease on individuals and their loved ones. Penny’s social work background also includes program management, program development, and psychotherapy through various agencies. In this discussion, Kirsten and Penny will be diving into some of the common struggles her team sees among Rossmoor residents, both new residents and “old-timers,” and what they do to help.

Some things you’ll learn from this episode:

Best practices for seniors going through transitions in life.
The impact that support groups and constant daily engagement can have in the life of an older adult.
How COVID-19 has changed the way seniors seek support and how communities such as Rossmoor adapt to meet this change.

And more!

Whether you have a senior family member who has recently undergone a transition in life or you find yourself going through one, this is an episode that everyone will find some comfort in because you’re not alone! So, grab a pen and paper, take a seat, and press play.

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If you take a look around the next time you’re out in public, chances are you will pass by at least a handful of people with their headphones in. And while there may be many catching up on their favorite podcast, there are just as many that are getting down or chilling out to their favorite tunes. It’s not hard to notice that music can indeed change your mood, like discovering a new song on the way to work that can make your whole day. Or, feeling the nostalgia when you hear the Breakfast Club soundtrack that makes you want to punch a hand up in the air. Music plays a large part in our lives and can influence the way we feel, but did you know that it also has an impact on our health?

In a new episode of Absolute Trust Talk, Kirsten is joined by special guest, Dan Cohen. Dan is a long-time social worker and both the founder and CEO of Right to Music - an organization that advocates for integrating music interventions into health care, especially for those in long-term care or with dementia. He also developed the extraordinary and Sundance award-winning documentary, “Alive Inside,” highlighting some of the amazing results from using music as a tool for dementia patients.

Together Kirsten and Dan discuss the positive effects that music can have on people, including:

How to relieve isolation, boost spirits, and reduce negative aspects of aging
What your music habits say about your mental health
How music can help loved ones suffering from dementia
The epidemic that’s currently plaguing nursing homes

And more!

Now more than ever, our older adults need our support to speak out on their behalf, to help them fight isolation and reconnect with loved ones and peers. While music seems like such a simple thing we hear on a regular basis, it is also something that has slowly proven to be a vital tool in healthcare. We’re excited to share this episode with you as well as Dan’s expertise in the hope that you too can give the gift of music to either yourself or someone you know.

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Many of us have been reconnecting with elderly parents and loved ones for the first time in a long time. And while we may have been in touch over the phone or via Zoom, you might be surprised at some of the changes you will see. It can be hard to accept that our parent's health, mobility, self-sufficiency, or even safety has begun to decline. With these concerns come many questions, and you may be tempted to jump right in to help solve them, but there is a time and place for everything.

In a new episode of Absolute Trust Talk, Kirsten is joined by guest Linda Fodrini-Johnson, licensed family therapist and professional certified care manager. Together, they discuss returning home and what to do if you notice a parent beginning to struggle with their day-to-day routine. Some tips you’ll learn about in this episode include:

Why it’s important to observe what’s happening in your parent’s home before you start having discussions.
How to prioritize any safety issues you may recognize.
How to determine what legal planning has been done or needs to be done.
Ways to break into conversation on the issues at home.

And more!

Whether this is a conversation you’ve been putting off or one you’re not sure how to start, this important episode will give you the ins and outs you need to approach your loved ones. It’s time to press play!

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Retirement can be an intimidating subject to approach. You may be worrying that you've started too late, aren't sure how much to put aside each month, or that there's something you're missing out on. This can be especially hard for women, as there is no template to follow for today's retiring career women. If you think about it historically, in general terms, a man identifies as his career or whatever he did for a living. On the other hand, a woman identifies as a wife, mother, homemaker, etc. At some point, the man has to retire, right? But that role as wife, mother, and homemaker never really goes away.

In a new episode of Absolute Trust Talk Live, Kristen is joined by guest Helen Dennis, a nationally recognized leader on the issues of aging and retiring. She is an author, a speaker, a teacher and has helped over 25,000 employees prepare for the non-economic aspects of retirement. Together, they discuss the working woman and how to navigate the retirement transition. Some insights from this episode include:

How to cope and navigate a loss of structure following retirement
Understanding the non-economic aspects of retirement
Identifying ways to still feel empowered once stepping away from the workforce

And more!

Whether you've been considering retirement for a while or are brand new to the topic, this is an important episode with information that every working woman should know. So take a seat, settle in, and press play.

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Preparing for retirement means more than maxing out your 401k. Preserving our minds and bodies is equally as important because how else does one enjoy the fruits of their labor? Nobody wants to spend all their money on long-term care, doctors, and medications, right? Many of us believe that's just a fact of life, but it doesn't necessarily have to be. Surprisingly preserving your cognitive functions is a lot easier than you may think. And before going too far, no, there's no one end-all, be-all wonder drug that improves brain health and crossword puzzles aren't exactly all they are cracked up to be. So, what do we do? Get ready for a list of action items you didn't know you needed.

In a new episode of Absolute Trust Talk Live, Kirsten is joined by guest Dr. Quinn Kennedy. Dr. Kennedy has a Ph.D. in psychology, postdoctoral training in cognitive aging, and over 20 years of experience researching and investigating factors that affect older adults, decision-making, and memory performance. Her work has been recognized through multiple awards, grants, and peer journal publications. Not to mention, she's been featured on NPR, in the New York Times, San Francisco Chronicle, and Science Magazine. In addition to regular speaking engagements, Dr. Kennedy has also launched a new webinar series related to retirement planning and brain health. Kirsten and Dr. Kennedy will be diving into some of the best strategies for taking care of one's mind to ensure quality brain health, including:

How our brain function changes as we age.
Planning ahead to preserve brain health and cognitive function.
Resources available for anyone concerned about their brain function.
Recent medical developments relating to dementia.

And more!

Whether you're just now beginning to plan for retirement or have been investing in your future for years, this is an episode that everyone should listen to. So, grab a pen and paper, take a seat, and press play.

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If you have a family member with special needs, financial concerns are more than likely always top of mind. Family members or friends who want to help by gifting or leaving an inheritance to them may have good intentions. Unfortunately, many times there are unintended consequences that do more harm than good. For people who rely on certain needs-based government benefits, receiving an inheritance can rid them of their benefits. If that person has too many resources to push them over a specific cap or threshold financially, they will lose them.

In this episode of Absolute Trust Talk Live, fellow Absolute Trust Counsel attorney Madison Gunn joins Kirsten to discuss different methods to resolve inheritance issues. Kirsten and Madison review and assess a handful of special needs estate planning scenarios highlighting what went wrong as well as how to save benefits. More important yet, this expert duo will share key strategies you can use to prevent future problematic inheritance challenges in your family. While the cases review hone in on special needs, the lessons shared can impact anybody who is doing an estate plan, which hint hint, should be everyone! So, find a quiet spot and get ready to strengthen your legacy.

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Is anyone ever really prepared to deal with a severe illness or injury? Most people find themselves unprepared when thrust into the patient or caregiver role, understandably so. Roberta Carson knows first-hand just how overwhelming it can be to make the immediate transition. Her experience caring for her teenage son, Zachary, during his 27-month battle with terminal brain cancer, inspired her to start Zaggo, a nonprofit organization. She created the ZaggoCare System to provide patients and family caregivers with the information and tools needed to better manage a care journey in critical illness and injury.

In this episode, Kirsten sits down with Roberta to unpack the strenuous care journey for a loved one battling terminal brain cancer. Roberta admits she was unprepared and a bit unorganized in the first weeks following her son’s diagnosis. However, she quickly realized that everything her son experienced, from treatments to side effects to doctor’s visits, must tediously be documented. Roberta and her husband were responsible for coordinating his care to ensure Zach received the best care possible. There was an overwhelming amount of information to keep track of and new care procedures to learn at nearly every turn —with little or no guidance from providers. Nobody asked them how or if they could manage. It just had to be done.

After her son passed away, Roberta understood how desperately patients and families need practical, easy-to-use information and tools to stay organized and in control. We are so sorry for the tragedy that Roberta and her family faced. And at the same time, so thankful for her strength to develop ZaggoCare. What a gift! The ZaggoCare System is an invaluable resource that will help ensure the best care possible while allowing for more time spent with loved ones. We hope you’ll consider purchasing the ZaggoCare System if you, a loved one, or a friend face a serious illness or injury. Now it’s time to listen in and share Roberta’s story with your friends and family. Her experience not only impacts those with illness or injury but provides valuable medical advocacy advice.

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Do you have a spouse or loved one who has dementia? Hearing them say “I love you” or share a memory is something that every caregiver hopes for. And in those rare instances, it truly gives a renewed sense of purpose in life. Unfortunately, often, after being diagnosed with dementia, patients are prescribed drugs that, in some cases, cause depression or suppress who they are. But what if there was a way to reduce the medications and boost the mental well-being of the person with dementia and the spouse or caregiver? Interestingly enough, evidence shows that art plays a role in improving neural health. Art therapy is being taught as an alternative approach to dementia cases, providing an opportunity for patients to boost their mood and change their behavior without diminishing their quality of life.

In this episode, Kirsten sits down with the incredible Angel Duncan. Angel is a mental health, art therapist, and research clinician specializing in therapeutic program developments for people with mental health, developmental, intellectual, cognitive, and memory disorders. Angel has an extensive background in counseling psychology, life development, and Alzheimer’s disease phase 1b, 2, and 3 clinical research trials. She works globally with leading organizations on brain health initiatives and is a widely published author and speaker.

During their discussion, Kirsten and Angel dive into the science behind art therapy, explaining how and why it works. Duncan also shares countless examples of patients who practice art therapy demonstrating the behavioral changes and how they reconnect with their spouses again or learn to engage with their caregivers. If dementia or mental health issues have impacted your life or the life of someone you know, this episode is for you. Tune in now for more on the benefits of art therapy and why Angel Duncan has spent her career advocating for this life-changing form of treatment.

Big Three from Episode #074:

Research shows that by engaging in art, which taps into certain regions of the brain, those with dementia are also getting neural activation and productivity. Ultimately, this leads to a shift in mood and behavior.
Art Therapy is found to be helpful for all forms of dementia and, really, all types of mental health issues. Just because someone has dementia or another cognitive issue, doesn’t mean their creativity goes away.
Case studies and research demonstrate exactly how art therapy brings those with dementia out of their box, helping them reconnect with the outside world.

Time-stamped Show Notes:

3:08 Long-term memory is returning for dementia patients through the process of Art Therapy. Listen now to hear Angel Duncan share the benefits of staying artistically creative for those suffering from neurological diseases.

5:43 Studies prove that art truly does work for people who have dementia. Start listening now for more on how art is helping neurological disease.

8:05 Relationships between caregivers, whether family or professional, and dementia-infected patients are becoming nurtured with empathy because of art therapy.

10:13 More often than not, psychotropic drugs are the go-to fix for dementia patients, causing diminished behavior. Angel answers how art could be used as an alternative to psychotropic drugs.

14:21 Angel Duncan has advocated for art therapy for almost 20 years. Listen to her journey and the life-changing work that has come from working with like-minded physicians.

17:43 Press play here to learn what different creative mediums are included in art therapy treatments.

21:11 Ask Kirsten Segment: Kirsten answers an email from Maria in Danville looking for advice on how to encourage her mother, who has dementia, to do an estate plan. If you have a question that you'd like to have answered by Kirsten, send an email to info@absolutetrustcounsel.com.

23:56 Listen to how Angel helped co-create Art in Mind for dementia patients at the Yale Art Gallery.

28:08 Angel Duncan’s Art Therapy Workshop is not just for dementia patients but also for spouses and caregivers. Listen in as Angel shares stories and feedback from those who have participated in the workshop.

30:06 Interested in learning more about art therapy? You don’t want to miss out on this special event -The 12th annual Expressive Therapy Summit is hosting Neurosciences and Aging Symposium and Track Series for aging populations. Listen here for more details on the event.

32:18 Live Q&A: Do you find art therapy to be helpful in all forms of dementia?

Resources/Links in this Episode:

Cognitive Dynamics

Lorenzo’s House

About Angel Duncan – How to get in touch about programs

Expressive Therapy Summit

[Ad] Do you need help planning for things like incapacity? The Absolute Trust Counsel team is here to help. If you become incapacitated without a plan, you don’t have time to wait for court rulings, nor do you want to waste your money on that. You need support right away. At Absolute Trust Counsel, we can help put a plan in place, so you and your family are covered – no matter what the situation. Visit our calendar to pick a date and time that works best for you, and let’s get started!

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Caregiving is certainly not an easy job. Often, caregiving responsibilities are given to family members who are learning as they go—especially with the case of dementia. While caregiving for someone struggling with dementia is no easy task, Jennifer Fink understands and has created many resources to help. After experiencing the difficulties behind being a caregiver for her mother dealing with Alzheimer’s, Jennifer struggled to find a podcast that catered toward her needs as an Alzheimer’s Caregiver. Thus, the ambitious Jennifer decided to create her podcast, Fading Memories, to provide support, advice, and resources for those dealing with a similar situation. On Jennifer’s website www.fadingmemoriespodcast.com, you have not only access to her wonderful podcasts, but also an array of other helpful resources—such as blog articles and recipes. And yes, they’re all completely FREE! Jennifer’s podcast and website offer many significant and valuable techniques, even if you are just a general caregiver.

In this episode, Kirsten and Jennifer go over the challenging emotions and difficulties that Alzheimer’s caregivers face. If you are a caregiver or have a loved one dealing with memory loss, this is an episode you don’t want to miss. Together, Kirsten and Jennifer cover a variety of techniques, tools, and support available for those dealing with a loved one suffering from memory loss. Listen now to hear the episodes that listeners—and even Jennifer herself—found the most helpful in their care-taking journey.

Big Three from Episode #073:

As a caregiver, even having just ten minutes of your own free time can feel like gold. To properly care for someone else, make sure you are taking care of yourself first!
If you are a caregiver for someone dealing with dementia and want to access a completely FREE resource for helpful caregiving techniques, support and advice SPECIFICALLY targeted toward Alzheimer’s and dementia, you have to visit www.fadingmemoriespodcast.com!
Alzheimer’s and dementia can affect people very differently. While some people may have a slower decline in memory loss, it can be much steeper for others. If you have a loved one who has recently been diagnosed with Alzheimer’s, you need to start planning now! You don’t want to wait until things get too out of hand.

Time-stamped Show Notes:

2:13 - Ever feel like you want to start over? Jennifer discusses why she chose to abandon her career as a portrait photographer and instead start her podcast, Fading Memory, to help support fellow Alzheimer’s caregivers.

5:31 - If there’s one thing we learned from Elaine Sanchez in our last episode about caregiving (link for this here if you haven’t watched it yet), it’s that the act of caregiving comes along with a whirlwind of emotions ranging from stress to guilt. Jennifer goes into those experiences here.

8:22 - Are you a caregiver for someone with Alzheimer’s and tired of trying tools that just aren’t working? Listen here as Jenn goes over the most effective techniques, she’s discovered due to creating her podcast—and the ones that have backfired.

9:16 - It can feel incredibly sad and disappointing when your closest loved ones begin losing their memory of you. Jennifer explains what strategy she uses to overcome these emotions best.

13:56 - Listen here to hear what episodes have been the most surprisingly helpful for caregivers.

15:27 - If one of your loved ones has been recently diagnosed with Alzheimer’s—or you suspect that they may have it—you need to hear Kirsten’s advice on how to best plan ahead here.

17:29 - Do you ever have moments where you feel like you’re just going to explode completely? Then, you HAVE to listen to Jennier share this AMAZING tool that will ultimately alleviate your anger, even when you feel like your whole day has been horrible.

21:43 - You’re not going to want to miss this. For her 200th episode, Jennifer has a beautiful surprise in tune! Listen now to learn more details!23:16 - If you find the advice from Jennifer’s podcast helpful so far, you’re going to LOVE hearing about the other fantastic resources she has in store on her website, www.fadingmemoriespodcast.com. Did we mention that they’re all completely FREE?

26:08 - Jenn addresses how she deals with the toxic positivity often seen in the caregiving community.

28:44 - If you love Jenn’s advice on caregiving, listen here as she goes over how you can access her episodes on her website, www.fadingmemoriespodcast.com!

31:17 - If you are a caregiver, but not for someone specifically struggling with dementia, this is a list of Jenn’s podcasts with general caregiving tips that you won’t want to miss.

Resources from this Episode:

https://fadingmemoriespodcast.com/

https://twitter.com/jennifer_fink

https://www.instagram.com/alzheimerspodcast/

linkedin.com/in/jennifer-fink-338957

[Ad] Do you need help navigating trust administration? The Absolute Trust Counsel team is here to help. Get started today with our Trust Administration Roadmapping session! We will review your trust and develop a plan to help you navigate the necessary processes the right way and with ease. Visit our calendar to pick a date and time that works best for you, and let’s get started!

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Did you know that, according to the National Cancer Institute, approximately 37 to 39% of all Americans will be diagnosed with cancer at some point in their lives? Whether you or a loved one are struggling with cancer, the damages cancer incurs to one’s physical self can be just as difficult to deal with as the emotional effects. While it can be easy to feel isolated and alone on this journey, there is a support system and resources out there available to you. The Cancer Support Community is a national organization that provides FREE support and education catered towards cancer patients, their families, and caregivers no matter where they are in the journey.

In this episode, Kirsten welcomes a special guest, Margaret Stauffer, Chief Mission Officer for Cancer Support Community of the local Walnut Creek chapter. We hope you will tune in to hear Kirsten and Margaret dive into the amazing programs provided by this organization, including how to access these services and how you, as a community member, can get involved too. We LOVE sharing information about good people and great organizations changing lives, and this episode is no exception!

Big Three from Episode #072:

You and your loved ones are not alone in this journey. Cancer Support Community provides a variety of resources nearly six days a week, ranging from educational webinars to fun lifestyle events.
It’s important to remember that it’s not all about cancer. Patients and family members need to have fun too.
This organization and community recognize that the cancer journey isn’t just emotionally and financially stressful, but financially too. It’s important to know that ALL programs are FREE.

Time-stamped Show Notes:

3:40 - It can often feel hopeless and out of control when you or a loved one is affected by cancer. Listen right now to learn more about the community that understands your issues!

5:54 - Whether you are a caregiver or dealing with cancer directly, there are variety of support groups and programs available for you. Start listening now to learn more about what programs best match your needs.

6:32 - No member in your family should ever feel alone when a loved one is affected by cancer. The Cancers Support Community offers support groups for EVERYONE to get the specific individual support that YOU need. Yes, this includes your children and grandchildren as well!

9:27 - Are you anxiously googling treatment options for a specific type of cancer group? Margaret discusses more about support group availability and how they can be tailored to specific needs.

9:46 – With cancer treatments in constant evolution, it’s can be hard to keep up with the next steps. Kirsten and Margaret discuss FREE educational solutions offered by Cancer Support Community.

12:28 - Are you worried about your health and longevity? Let’s take one weight off your shoulder. Visit Margaret’s website www.cancersupport.net to access a variety of support groups, educational classes, and lifestyle classes NOW!

13:35 – It’s not all about cancer. Margaret and her team are here to remind families and those on this journey to have fun! Laughter can be healing too!

16:14 - Even with insurance coverage, struggling with cancer still presents many financial challenges. Don’t worry. The services at the Cancer Support Community are entirely FREE!

16:54 How does someone become involved in this community? Just go to www.cancersupport.net, fill out the new member form, and BAM—all the resources you need at your fingertips! Listen here for more details.

18:25 – The best part? Anyone can find support no matter where they are.

21:27 – Margaret talks more about how the Cancer Support Community supports family members of cancer patients.

22:50 - If you appreciate the services offered by the Cancer Support Community as much as we do and want to know how you can help out, there are many volunteer options within the organization! Visit www.cancersupport.net to apply now!

23:25 – Do members who are in remission continue to seek support?

24:45 - Even after beating cancer, Margaret explains how the fear of recurrence never really goes away and how the Cancer Support Community addresses that issue.

Resources from this Episode:

https://cancersupport.net

Program Calendar

How to Donate

Volunteer Information

[Ad] Planning for the future is vital to ensure that you and your family are protected and prepared no matter what challenges or changes you face in life. Please don’t wait until it’s too late. Schedule a free discovery call today, and let’s discuss your wants, needs, and goals.

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It can be physically and emotionally draining to care for an elderly or disabled family member. Just like anyone else, caregivers can often feel lonely, isolated, and overburdened as they try to balance their other commitments. But what resources are there for caregivers when dealing with these difficult emotions?

Elaine Sanchez is here to help. Having had plenty of experience in caregiving herself, Elaine has developed an abundance of resources dedicated toward the mental aspect of caregiving, which is often not acknowledged enough. She is the author of the unflinchingly honest and surprisingly funny book, “Letters from Madelyn, Chronicles of a Caregiver,” and a co-founder of CaregiverHelp.com, a video-based caregiver support website. Her free videos include topics that cover:

Creative Indifference
Managing Anger
Coping with Guilt
Understanding Depression
Managing Grief
Sex, Violence, and Dementia
Self-Care

Listen in to this new episode of Absolute Trust Talk, as Elaine discusses the most common difficulties caregivers come across, as well as what resources are available for those dealing with these situations. Whether you’re a caregiver, know someone that is, or are planning for the future, this is an episode you don’t want to miss.

“A quick strategy that I use for helping get over guilt: I really encourage people to think, okay, what was the incident, or what happened that made you feel guilty? And then ask, did I intentionally inflict physical or emotional pain on another person?

And if the answer is yes, well, then guilt is appropriate. You're guilty. So, you should do whatever you need to do to make good on that. But I think more often than not, caregivers feel guilty for their feelings. And so, I encourage them to take that word and put it on the shelf and replace it with the word regret.”

Big Three from Episode #071:

Emotional stress and guilt are two of the biggest and most difficult parts of caregiving. This is totally normal! But you must face them and work through them. CaregiverHelp.com is the best place to start working through them.
SELF-CARE IS NOT SELFISH!
The most important documents for someone to have in their incapacity/estate plan are, a power of attorney, advanced healthcare directive, and some combination of a will and trust.

Time-stamped Show Notes:

2:20 – Kristen goes over the resources Elaine Sanchez has to share, which she’s developed in order to help caregivers, which can be accessed Elaine’s website, CaregiverHelp.com.

6:05 – Elaine goes over the introduction of her book and the inspiration behind it.

8:17 – Are you a caregiver who is looking for FREE support at a moment’s notice? Elaine’s got you covered! Listen in as she discusses her program for caregivers available on her website.

9:50 – Helping caregivers deal with emotional stress starts here, because Elaine believes this is one of the most challenging aspects.

10:48 – What options do caregivers have when they feel isolated and alone?

11:55 – People don’t think about this steep learning curve when it comes to caregiving. Press play here to for more.

12:15 – Elaine and Kirsten discuss why guilt is one of the most difficult emotions to cope with.

13:06 – Start listening now to hear Elaine’s strategy to help others get over guilt.

15:43 – “Self-care is NOT Selfish.” If this sounds like something you’re struggling with, start listening now for more of Elaine’s insights.

17:56 – Do you have your “Ducks in a row?” Listen now to hear more about how you can get a plan in place to help with incapacity, end of life care and your passing – aka estate planning.

20:06 – Kirsten details the three essentials’ people must have if they are incapacitated or likely to become incapacitated.

21:39 – Elaine shares a personal story about the importance of having an advance directive.

25:27 – When Elaine works with caregivers, this is the process she walks through with them to help manage their fears.

30:05 – Looking for even more resources? Try getting in touch with your local Area Agency on Aging. Google N4A.org to find yours!

31:31 – Listen in as Elaine talks about presenting for various groups and organizations, and how support groups can be led by other individuals – visiting CaregiverHelp.com for more on how to join.

Get Your Copy of Elaine’s Book: Letters from Madelyn: Chronicles of a Caregiver

For many caregivers, it can be challenging to learn how to deal with the emotional stress that comes along with all of the responsibilities. For example, Madelyn Kubin, a seventy-year-old Kansas farm wife, had to suddenly summon physical, emotional, and spiritual strengths in order to care for her husband after suffering from a debilitating stroke. Struggling with the feelings of isolation, loneliness, and stress that come with the caregiving responsibility, Madelyn unabashedly consulted her emotions through writing letters to her daughter Elaine.

For anyone struggling with the physical and emotional challenges of caregiving, Elaine Sanchez’s book shows how it is possible to still find happiness within—even in the world end-of-life situations. You should never feel like you have to deal with this process alone. Elaine was the trustee for her parents’ estate and personal representative for her Aunt Jean’s estate. She says those two experiences turned her into a zealot for end-of-life planning! To learn more, you can order Elaine’s book by following this link.

[Ad] Incapacity planning isn’t something that is top of mind, but it should be. If you become incapacitated without a plan, you don’t have time to wait for court rulings, nor do you want to waste your money on that. You need support right away. At Absolute Trust Counsel, we can help put a plan in place so you and your family are covered - no matter what the situation. You never know what tomorrow may bring. So visit our calendar to pick a date and time that works best for you, and let’s get started!

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Being named a trustee is an honor, but it comes with a lot of responsibility. Legal work has to be done, and if you’re not familiar, the process can seem more like a burden. The tasks on hand aren’t necessarily rocket science, but there are a few things that we see clients tend to miss.

In a new episode of Absolute Trust Talk Live, Kirsten is joined by fellow Absolute Trust Counsel attorney Madison Gunn for another installment of Trustee Do’s and Don’ts. Kirsten and Madison will be walking through a handful of very serious mistakes that trustees and executors typically make, which can have consequences. These items include:

Why surviving spouses still need to complete legal work even though they take over as trustee
Official notifications that are often missed
New laws that impact real estate inheritance

And more!

Whether you’ve just stepped into your role as trustee or are planning for the future, this is an important episode that everyone should listen to, so find a quiet spot because it’s time to press play.

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The last thing grieving family members want to think about is money. Making preparations with your finances should be at the top of that list to help relieve your loved ones of any added stress when the time comes. But, you might think, what’s the big deal? It’s just an account that holds my money. That may be true, but did you know that a bank will freeze a person’s account when they hear of a death? This means that your loved ones won’t have access to funds to pay for things like the funeral and burial. On top of that, any automatic payments will bounce. Unfortunately, this can take a lot of time and money to fix.

In this episode of Absolute Trust Talk, Kirsten sits down with fellow Absolute Trust Counsel attorney Madison Gunn to discuss:

What happens to bank accounts after death
The different types of accounts
Who can access the account
How to protect them from being frozen
Why they should be included in your trust

The age-old saying goes something like, “You can’t take it with you when you go,” but you can work with your estate planning attorney to avoid complications for heirs and all those involved in settling your trust and estate. So, grab a pen and a notepad, and press play with us.

Big Three from Episode #069:

Assets that total $166,250 or more, will trigger probate. So, leaving a bank account out of a trust is okay as long as it doesn’t bump you over that total.
If you are not the executor of an account, do NOT try to access it or use funds. It is illegal.
Want to ensure that your assets are protected? Make sure your trust and estate are up to date with ALL accounts and assets.

Time-stamped Show Notes:

0:49 – Clients planning for the future know that they should have a trust and that their bank accounts should be in the trust, but why exactly is this true?

1:59 – Did you know that this is the amount that an estate has to be worth to trigger probate?

3:47 – Your Power of Attorney is good if you’re still alive or incapacitated, but this is what happens when you pass away.

5:20 – Someone has died and you’re still accessing their bank account, is this illegal?

6:04 – Who is able to access an account when someone passes away?

9:56 – Kirsten and Madison discuss the different types of bank accounts you can have.

17:28 – What happens if someone dies and the only asset, they have is $1,000 in their bank account?

19:25 – If you are the person that has Power of Attorney, can you access and use the account to help cover funeral costs or costs associated with opening probate?

20:34 – If you have Power of Attorney, should you notify the bank that the person has died?

22:18 – As the executor of someone’s bank account when should you close it?

[Ad] Planning for the future is vital to ensure that you and your family are protected and prepared throughout your later years of life and beyond. Please don’t wait until it’s too late. Schedule a free discovery call today, and we’ll review your case to make sure all your needs are met.

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Many people assume that when they turn 65, they are automatically covered by Medicare and that everything will be paid for. Unfortunately, that is not exactly true. When it comes to signing up for Medicare, there are many decisions to be made and things to consider. Just because you are healthy right now doesn’t mean you won’t have health issues in the future, and you need to be thoughtful about your Medicare choices, so you get it set up the right way the first time around. Hint: some choices and plan selections can’t be switched. Yikes!

In a new episode of Absolute Trust Talk, Kirsten sits down with Emily Gangaware of The Medicare Coach. Over the last four years, Emily has been changing how people make their Medicare decisions by navigating the rules, insurance company confusion and clarifying what decisions need to be made to protect healthcare rights and retirement savings. No matter what state you live in or how close to retirement you are, Emily has some Medicare revelations you’ll want to hear. It’s time to help protect yourself, your loved ones and select the right Medicare coverage for you.

Big Three from Episode #068:

Be thoughtful about which type of plan you genuinely want to be a part of if you were to get sick in the future.
Make sure you have a Medigap plan to help protect your retirement savings.
Some decisions are irretrievable, so you must make sure you seek help, ask questions, and talk to someone to pick the right Medicare plan the first time around.

Time-stamped Show Notes:

6:22 – Kirsten and Emily kick off the show by discussing the biggest misconception about Medicare.

8:17 – Emily shares some insights about the decisions people have to make when it comes to Medicare.

11:02 – This is one of the biggest mistakes that people make when signing up for Medicare.

14:19 – When people get sick, they almost always want to be in one of these types of plans.

16:21 – Emily shares her process that helps clients decide what type of Medicare is right for them.

22:21 – The people who are already on Medicare, what should they be doing?

25:47 – Is Medicare Part D a supplemental plan?

27:32 – When should someone start preparing to sign up for Medicare?

28:51 – Does Medicare cover healthcare expenses outside of the US, or are there policies available to help with that?

31:02 – If you have Medicare Advantage can you switch to a regular plan?

Visit TheMedicareCoach.com for free webinars and more information or to get in touch with Emily about customized support for your specific needs.

Emily Gangaware

The Medicare Coach

emily@mymedicarecoach.com

785-477-9603

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When it comes to estate planning, we find that many of our clients want to divide their entire estate equally among their children. Unfortunately, this presents a challenge after death for a variety of reasons – especially when real estate is involved. And now that Prop 19 has passed in California, there are even more complications and things to consider. If you’re not familiar, Prop 19 is the new transfer tax law that, among other things, requires that if there is a parent-to-child property tax transfer, the heir must live at the residence–listen in for more.

In a new episode of Absolute Trust Talk, Kirsten welcomes back fellow Absolute Trust Counsel attorney Madison Gunn. Kirsten and Madison dive into this top asset that can cause a world of headaches for beneficiaries and discuss some solutions and workarounds to successfully including residence and other properties in an estate plan. While this episode focuses on California law, it provokes various discussion points vital to any estate plan. We hope you will listen in and share this with your friends and family no matter where they live.

Big Three from Episode #067:

If you’re including any type of real estate in your estate plan, it’s vital to discuss with your attorney and understand how Prop 19 can impact you and your loved ones.
Make sure your children are included in the discussion and planning process.
Do not panic. There are workarounds and ways to protect your assets and beneficiaries.

Time-stamped Show Notes:

3:07 – Residence and Real Estate cause one of the biggest headaches when it comes to estate planning. Here’s why – hint it has to do with Prop 19.

5:09 – What happens if the residence is left equally to multiple siblings?

6:48 – Kirsten and Madison discuss “financial finagling” in estate planning when a residence is left to more than one sibling.

9:04 – What happens if the parents die and a sibling or another person is already living in residence?

11:18 – Kirsten and Madison dive into other considerations that could impact the person you are leaving a residence to.

14:50 – Will a vacation home be assessed if the children decide to keep it?

16:00 – Is there a way to get around Prop 19?

17:10 – Will Prop 19 be repealed?

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Let’s face it. No one wants to discuss end-of-life care decisions. And with modern medicine and medical technology, we have become very accustomed to doing everything possible to prolong life. But often, that can involve aggressive and invasive treatment.

For many seniors, decisions about medical care will fall to family members due to incapacity, and these types of decisions can be challenging to make. In our experience, people want to be surrounded by loved ones in a comfortable environment, but it’s hard for family members to see past all the options, outcomes, and considerations.

In a new Absolute Trust Talk Live episode, Kirsten sits down with emergency physician Dr. Alan Molk. Harnessing his medical background and experience as a decision-maker for his mother during her journey with Alzheimer’s, Dr. Molk offers valuable insights into how to have the right conversations with loved ones to balance end-of-life decision-making with comfort, dignity, and respect.

Big Three from Episode #066:

Have end-of-life decision-making conversations as early as possible with your families, doctors, attorneys, spiritual advisors–all-important parties involved.
End-of-life decision-making is about what the patient truly wants.
Hospice and palliative care are not “death panels.” In fact, they have been shown to provide a better quality of life for the patient and family members.

Time-stamped Show Notes:

4:58 – Dr. Molk dives into his experience caring for his mother with Alzheimer’s and how he decided to write his book, Saving Lives, Saving Dignity.

8:26 – Dr. Molk shares what it was like to make decisions for his mother and how his background as a physician came into play.

11:08 – This is an example of how common it is not to know a person’s true end of life wishes are.

13:50 – In emergency rooms, the job is to keep a patient alive, but it’s also essential to consider this perspective too.

17:20 – Kirsten and Dr. Mold discuss some of the considerations we should consider in decision-making and end-of-life care.

22:20 – If there was ever an event that made everyone realize the importance of end-of-life conversations that need to be had among families, it was COVID.

26:04 – Do you find that most families are open to considering palliative care rather than the full-court press medical care at the end of life?

27:52 – In your experience, are hospice and palliative care decisions more likely made when patients can still speak for themselves? Or when the family member is making a choice?

Get Your Copy of Saving Lives, Saving Dignity:

While it’s true that modern medicine allows us to prolong life, it may not be the best option or even what a patient wants for their end-of-life care. Today’s guest, Dr. Alan Molk, and colleague Dr. Robert Shapiro have authored a valuable book that helps families have critical end-of-life conversations with loved ones and physicians to make smart comforting decisions for everyone involved. Here’s a link to purchase your copy today > Amazon!

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Many aging adults rely on a spouse, children, or other family members to help manage things if they become incapacitated or unable to thrive in daily life. But what happens to those who don’t have extended family or anyone who lives close by? Fortunately, there are various resources and solutions to help those types of clients, such as bank trust departments and licensed professional fiduciaries. For others, a foundation for aging may be a better fit.

Haven’t heard of a foundation for the aging? You’re in luck. In today’s episode of Absolute Trust Talk, Kirsten sits down with Jody Iorns, Executive Director of the Diablo Valley Foundation for the Aging (DVFA). DVFA is a nonprofit that has been providing services to seniors in Contra Costa County since 1975. Kirsten and Jody dive into the organization’s history and break down all the benefits and support provided to seniors and their families to maintain quality of life. Where you’re local to the area or not, this is an episode you don’t want to miss.

Big Three from Episode #065:

Diablo Valley Foundation for the aging is not just for orphaned seniors. They provide support to all seniors and their family members however they may need it.
DVFA has various programs, but their primary three services include professional private fiduciary services, care management, and adult daycare.
DVFA’s mission is to provide support enabling older adults to find independence and freedom to age wherever they may be.

Time-stamped Show Notes:

4:44 – Jody shares the history of Diablo Valley Foundation for the Aging

5:33 – Kirsten and Jody discuss the types of clients they serve and why they turn to the foundation

8:16 – Jody breaks down the three different main types of services that DVFA provides

15:40 – DVFA does have some service fees. This is the breakdown – they are under market rate

19:25 – DVFA is a nonprofit, and this is how they can provide services

20:13 – Jody shares how volunteers are vetted to work with DVFA

21:13 – Can DVFA serve as trustee for a Special Needs Trust?

22:25 – Does DVFA help elderly low-income people find and access assistance from other programs?

Get in touch! You can reach the Diablo Valley Foundation for the Aging by calling (925) 945-8040 or emailing info@dv-fa.org. More information can also be found on their website by visiting www.DV-FA.org.

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At Absolute Trust Counsel, in nearly 100% of the trust administrations, we’re hired to execute, there is a least one failure that could have been avoided. Some of these failures are small and simple to fix. Unfortunately, the majority are much more difficult to rectify. In this context, difficult also means expensive. As a trust grantor, it is vital to review your estate regularly, especially if there are significant life changes. Talk to your estate planning attorney and keep your documents up to date to ensure your wishes and promises to your beneficiaries are kept.

In a new episode of Absolute Trust Talk, Kirsten sits down with fellow Absolute Trust Counsel attorney Madison Gunn. Madison joined the firm in 2019, bringing extensive legal background and experience, starting as an intern and working her way up to attorney at law. She has a passion for helping seniors, individuals, and their families prepare and protect legacy over the last few years in all aspects of estate planning and trust administration. As a fellow expert, Madison joins Kirsten to discuss some of the most common trust administration failures and what you need to do to avoid these issues with your own estate plan. No matter what stage of the trust administration journey you’re in, you’ll want to listen to this podcast and protect the future of your legacy and your beneficiaries.

Big Three from Episode #064:

When it comes to real estate and your trust, make sure you know how everything is titled.
If you’re going to make promises to potential beneficiaries and inheritance, be sure to talk to your estate planning attorney and get things in writing.
Keep all your documents up to date, and be sure to dot all your I’s and cross all your T’s to make sure your estate plan truly follows your wishes.

Time-stamped Show Notes:

4:09 – Madison and Kirsten jump right into discussing the most common failure they see, which has to do with funding a trust.

4:56 – Madison shares a couple of things that can cause real estate to fall out of a trust.

10:04 – This is what happens to the trust when real estate falls out – hint, it can be frustrating and expensive!

11:57 – Like the failure of funding, Kirsten and Madison discuss another common failure – a lack of beneficiary designations.

16:26 – Another common failure has to do with your current living arrangements.

18:21 – Kirsten shares a scenario where this failure comes into play.

23:52 – Should you put real estate that’s located out of state in your trust?

25:10 – Can you name your trust as the beneficiary of your IRA?

26:24 – Should your trust own safety deposit boxes?

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While there are a variety of senior living communities and assisted living options, a majority of older adults want to age in place for as long as possible. Many, however, need assistance to do so, but that doesn’t always mean hiring caregivers. For some, help with chores and simple daily tasks like grocery shopping or changing a lightbulb can make all the difference.

In a new episode of Absolute Trust Talk, Kirsten sits down with board-elected president Larry Toy of Lamorinda Village. Lamorinda is a 501(c) (3) non-profit developed as a community-based network of people ages 55 and older that offers support and connections to help older adults stay connected and thriving while aging in place. Larry and Kirsten dive into the programs and services that the village offers as well as how people can join and get involved. If the village sounds like an option for you or someone you know, you’ll want to listen to and share this episode.

Big Three from Episode #063:

Villages like Lamorinda help older adults age in place and cultivate community and connection.
Memberships provide various services from events and activities to referrals, home-based help, and more.
Villages are non-profit and membership based.

Time-stamped Show Notes:

3:32 – What is the concept of the village, how did it get started?

5:10 – What geographic regions are covered by villages here in the Bay Area?

7:45 – Larry discusses the programs and assistance that Lamorinda provides.

13:43 – Kirsten and Larry discuss online programs developed during COVID to help combat social isolation.

18:26 – Fires and power outages have been a big issue for members, but this new initiative is vital in supporting emergency preparedness for older adults.

20:15 – How can people find Lamorinda Village and get involved or join?

23:52 – How do you start a village?

25:25 – How do you vet volunteers for your village?

Get In-Touch with Lamorinda!

www.LamorindaVilliage.org

Info@LamorindaVilliage.org

925-283-3500

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Studies show that universally, people prefer to stay in their own homes as they age rather than moving into a facility. Who wouldn’t, right? That, however, means that those same people will be hiring in-home caregivers, and there are a few different ways of doing so. If you don’t end up working with an agency that provides someone for you, you may end up hiring a caregiver directly and may unknowingly be stepping into the shoes of an employer. With that option comes several legal requirements that an employer must follow.

In a new episode of Absolute Trust Talk, Kirsten sits down with Jon Babione of Ferber Law. He practices in a broad range of employment matters, including discrimination, harassment, wrongful termination, and wage and hour claims, in the state and federal courts and the office of the Labor Commissioner. Jon and Kirsten discuss the requirements involved, and Jon provides some best practices to follow when hiring a caregiver to avoid any legal issues.

Big Three from Episode #062:

It’s important to understand wage orders and necessary laws.
Know how you are utilizing your employee.
Keep track of all work by maintaining accurate and labor code-compliant time records.

Time-stamped Show Notes:

5:55 – What is a wage order?

9:04 – How does the Domestic Worker Bill of Rights fit together with wage orders?

13:04 – What do people have to do to ensure a caregiver is considered a personal attendant?

14:24 – As an employer, it’s important to know how you are utilizing a person. This is an excellent way to keep track of their time and work.

16:41 – If you don’t maintain accurate records, the burden turns to the employer to prove hours worked.

19:26 – Even if you set up an LLC or corporation, you can be sued.

20:50 – Jon discusses the financial consequences of not keeping good records and an employer.

23:36 – An on-duty meal break waiver is signed if you need the caregiver to do this.

25:19 – Kirsten and Jon discuss what issues clients need to be aware of with live-in caregivers

28:49 – Aside from legal requirements, what else does an employer have to do to hire someone?

30:19 – Do all the regulations and requirements apply when hiring a family member as a caregiver?

32:49 – What are the most common problems that you see clients have when they employ in-home caregivers?

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Unfortunately, many today see money as a solution to problems, but that is not always the case. In fact, wealth can be quite damaging to a family dynamic. Planning, in this instance, is vital. When family members have prepared and have learned how to work together, that’s when wealth and inheritance can be used as a tool to benefit a family for generations to come.

In this Absolute Trust Talk episode, Kirsten sits down with Richard Del Monte of the Del Monte Group to discuss the underlying reasons why wealth transitions so often fail. They also look at the tools and processes he recommends for families who want to avoid that fate. With more than 35 years of experience as a Certified Financial Planner and Certified Wealth Consultant, Richard excels in guiding clients through challenging life transitions and finding ways to make seemingly out-of-reach financial goals become a reality. This is an episode not to be missed.

Big Three from Episode #061:

Teach your heirs ahead of time how to handle wealth successfully.
Communication and conflict management is KEY to building a solid family foundation, especially for when the older generations are no longer around.
Have the family find a shared purpose for using their wealth as a tool.

Time-stamped Show Notes:

5:57 – How often do these wealth transfers fail?

6:41 – What do these failures look like?

8:19 – Richard shares eye-opening statistics about what causes wealth loss from generation to generation.

9:32 – When do families get in touch with Richard? How does he get involved?

12:37 – What does Richard’s process look like when working with clients?

13:22 – What happens when we think we’re right.

16:00 – Richard shares so examples of unprepared heirs and how to change that situation.

22:02 – Kirsten and Richard share a couple of his tools for getting a family to work as one.

27:09 – What do parents need to do to help their children grow up with a work ethic?

29:43 – This is Richard’s process to encourage someone to attend a meeting if they don’t want to.

30:50 – What is the first step in implementing these types of techniques with full-grown siblings?

FREE BOOK OFFER:

Did you know that when wealth is transferred from one generation to the next, 70% of the time, that generation loses the wealth by the end of their lifetime? That’s HUGE. How does that happen? Unprepared heirs and lack of family connection and communication.

Wealth can damage relationships and cause rifts within a family that have devastating consequences for all. To help you dive deeper into this topic and build a better plan for the future, Absolute Trust Talk guest, Richard Del Monte, is offering a FREE copy of his book “Endless Inheritance.” This book will help you avoid discord, conflict and create fulfillment and harmony, ensuring your wealth will live on. To order your free book, you can call the Absolute Trust Counsel office at 949.943.2740 or email us at Info@AbsoluteTrustCounsel.com.

[Ad] Estate planning is vital to ensure that you and your family are protected and prepared throughout your later years of life and beyond. Please don’t wait until it’s too late. Schedule a free discovery call today, and we’ll review your case to make sure all your needs are met.

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There are many great options these days when it comes to senior living communities and long-term care, but that's just it. There are hundreds of options. Finding the best solution for yourself or a loved one is a project and can be a daunting task for families. How do you truly know what the best choice is for elderly parents?

In a new episode of Absolute Trust Talk Live, Kirsten sits down with placement expert Juliane Bigelow, founder of CareQuest, a local placement agency helping families in Alameda and Contra Costa counties. Juliane has spent decades advocating for elders and their families, and with a trusted network that has been nurtured since 1990, it's safe to say she knows her stuff. Listen in to hear a thorough discussion on all the options available, what kind of care is available, general costs, and more. No matter where you are in the planning or decision process, this episode will highlight all the factors you should consider.

Big Three from Episode #060:

Finding out what's important to people – who they are and what they like is key to helping maintain quality of life.
Work with someone local, knows the communities, assess clients, and have a physical presence.
Who pays for long-term care and senior living communities? We do with our assets that we save, long-term care insurance, and for veterans, a program called Aid and Attendance can help.

Time-stamped Show Notes:

4:21 – What is the difference between assisted living and board and care?

5:36 – This is the type of care provided in an assisted living facility if needed.

10:00 – How does memory care fit into these different types of senior living?

13:20 – Juilane talks about why you can't necessarily "one-stop-shop" when looking for a care facility.

14:04 – This is how the process works, how families get started looking for a care facility.

18:00 – Do people with more complicated medical situations need assisted living?

21:07 – Juliane discusses how she stays in the know when it comes to what facilities are available and what they offer.

22:25 – How do you get someone to move out of their home and into a better environment if they don't want to?

24:00 – Juilane talks about how you can find placement professionals in another county or state.

25:19 – What are the general costs of the senior living options discussed?

29:21 – Juliane covers who pays for these types of senior care.

30:13 – Spoiler alert – it's free to work with CareQuest!

[Ad] Estate planning is vital to ensure that you and your family are protected and prepared throughout your later years of life and beyond. Please don't wait until it's too late. Schedule a free discovery call today, and we'll review your case to make sure all your needs are met.

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As family members age, we often find other members becoming involved in caregiving and decision-making. Unfortunately, this can sometimes lead to conflict as communication and relationships deteriorate in disagreement over an issue that impacts the older adult or the family as a whole. In these cases, it can be helpful to have a qualified third party ask the right questions and help everyone find common ground - a professional we like to call an eldercare mediator.

In a new episode of Absolute Trust Talk, Kirsten sits down with Katharina Dress, MA. A mediator and facilitator who specializes in helping families understand each other’s viewpoints, reach an agreement, and ultimately make the best decisions about care and planning for aging loved ones and their families. Listen in to learn more about the issues Katharina sees among family members, what causes tension, and some of the approaches she uses to resolve conflict successfully.

Big Three from Episode #059:

Elder mediation can help families reach agreements about legal, financial, and care planning for their aging loved ones and their estate.
Even if you think a conflicting party will not agree to mediation, it’s worth getting in touch with a mediator to find ways to engage the parties in communication.
The ultimate goal is to make decisions that are in the best interest of the elder while considering the needs of everyone involved.

Time-stamped Show Notes:

3:57 – What does an elder mediator do?

4:47 – These are some of the most common issues that families struggle with.

5:35 – Why is it important for the Powers of Attorney to work together?

6:49 – Katharina talks more about how she gets started with a family in conflict.

7:43 – Katharina and Kirsten discuss, generally, what family members are involved in mediation.

9:12 – Every case is different, but this is typically how long an elder mediation case can take.

13:49 – Katharina discusses some of the different training that she offers.

15:49 – This is the type of training needed to become an elder mediator.

17:58 – Are the mediations binding?

19:27 – Should family members get in touch even if they think other members won’t agree to mediation?

21:28 – Katharina shares an example of a successful mediation case.

Get in touch with Katharina:

Phone: (510) 356-7830

Email: katharina@aginginharmony.com

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If you have minor children, nominating a guardian for them in case of your death or incapacity is one of the most important reasons to do an estate plan. For many families, the choice is not easy, and they end up procrastinating. Think of it this way, do you want a judge, who may know nothing about your children or your family, deciding who your child will be raised with without knowing your preference? Parents have the opportunity to make a choice, and we can help.

In a new episode of Absolute Trust Talk Live, Kirsten discusses the different types of guardianship in California, the process of guardianship, factors to consider when choosing a guardian, and more. Naming a guarding for your child(ren) and the work that goes along with it is largely misunderstood. Tune in to get the facts and find the right next steps for including guardianship in your estate plan.

Big Three from Episode #058:

Parents can nominate someone for guardianship, but only the judge can appoint someone.
As a parent, make sure your wishes are clearly expressed in your estate plan; otherwise, you will have absolutely no say in the matter.
Choose potential guardians that you can trust to make sure things get done.

Time-stamped Show Notes:

2:30 – These are the two types of guardians in California.

6:17 – This is the process for how guardianship works.

7:51 – This is why, as a parent, you want to express your wishes for a guardian.

8:37 – Estate planning can help you avoid going to court. Here’s how.

9:54 – Utilizing a Letter of Intent can act as a helpful guide for those who are nominated as guardians

11:40 – Does a guardian get paid?

12:07 – What can someone do if there is a family member they do not want to be the guardian?

13:20 – What happens if the guardian dies?

When it comes to guardianship, a Letter of Intent can be an essential tool in your future planning. It can serve as a guide for those who may become responsible for decisions regarding your child(ren) and that person’s role as their guardian. But what information should be included? Download our free resource guide for more details on building the right Letter of Intent for your plan.

[Ad] Choosing the right guardian for your child(ren) can be a difficult decision and it’s one that shouldn’t be taken lightly. If you need help determining the right choice for your estate plan, we can help. Schedule a free discovery call today, and we’ll review your case to make sure all your needs are met.

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Because the federal estate tax exemption is so high, currently set to $11,700,000, many people believe their families won’t have to worry about filing a federal estate tax return (IRS Form 706) on their deaths. And while this may be true to a certain extent, there are also benefits that come with filing an estate tax return that could save your family a lot of money, money that can only be claimed if you file.

In a new episode of Absolute Trust Talk Live, Kirsten sits down with CPA Margaret Schopp. Margaret’s firm, Schopp & Co., focuses on trust and estate tax returns, including Form 706 for (portability). They work closely with estate planning attorneys and other CPAs who may have an occasional need for a Form 706. Listen in as Kirsten and Margaret break down the estate tax return process, discuss how to calculate it, and review the significant benefits as well as some common mistakes to avoid. Even if you don’t meet the current estate tax exemption, you might want to file anyway.

Big Three from Episode #057:

The current estate tax exemption is $11.7 million, but that doesn’t mean you shouldn’t file.
Estate tax returns are not easy, but they are worth it. Margaret’s expert opinion: If you can take advantage, file it.
An estate tax return is not an income tax return. It’s an inventory of your assets, your deductions. It’s an inventory of who the beneficiaries are and the values at the date of death.

Time-stamped Show Notes:

3:49 – How do we calculate the general estate tax that is owed when someone dies?

8:20 – What are some things that can reduce your assets? These are also known as deductions.

9:27 – Margaret reviews some deductions that people don’t necessarily think about.

12:00 – What is portability?

13:33 – Margaret shares an example of what happens when transferring property to a spouse.

17:46 – How difficult is it to prepare this kind of tax return?

22:14 – Kirsten and Margaret discuss common roadblocks and mistakes people have with filing a 706 tax return form.

24:27 – This form is another big part of filing the 706 tax return.

29:25 – Do you have to get an appraisal of the real estate for the estate tax return, or is it a broker comp letter?

29:56 – Do you include personal possessions, like clothes, jewelry furniture, on the return? And if so, how do you value those?

31:31 - If you do probate, do you have to have the property appraised by a probate referee assigned by the court and use that as the appraisal for your state tax return?

[Ad] Not sure of the benefits of filing an estate tax for your family? We can help. Schedule a free discovery call today, and we’ll review your case to make sure all your needs are met.

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Unfortunately, there comes the point in life when the family home becomes a burden, whether that is emotionally, physically, or financially. And, usually, downsizing might seem like the way to go, but it doesn’t come without complications. There is so much more to moving and downsizing in the aging journey. It’s not just about buying and selling a home, but rather finding the right solution for the older adults and their families to ensure that everyone involved is thriving.

In a new episode of Absolute Trust Talk Live, we are thrilled to welcome Seniors Real Estate Specialist Dayna Wilson of Keller Williams. Dayna and her team have over a decade of experience providing comprehensive senior-friendly transition services, handling virtually every facet of the process. Today, she dives into what that process looks like, why and how to start planning now, tips on communicating with parents, and strategies for a successful move. If you or someone you know is in the midst of this process or planning ahead, this is an episode not to be missed.

Big Three from Episode #056:

Don’t wait until it’s too late, start planning NOW!
Treat your parents like your partner.
Listen to what’s important to your parents. What do they want to happen?

Time-stamped Show Notes:

5:43 – When is the right time for adult children to have conversations with their parents, and what is the best approach?

7:51 – Dayna shares her top tips on how to make the conversation more comfortable.

9:04 – It’s important to start any conversation with this perspective in mind.

12:57 – When it comes to aging in place, what do families need to consider when trying to accomplish this?

15:46 – 70% of people who want to age in place don’t find it feasible – here’s why.

18:39 – Dayna discusses the best way for adult children to hand a lifetime of belongings that parents have accumulated over the years.

26:18 – Dayna tells us more about her background and how she became credentialed with a focus on seniors.

How to Contact Dayna:

Website: Day-RealEstate.com

Email: Dayna@Day-RealEstate.com

Phone: 925.788.6582

[Ad] No one knows what will happen as they age, but that doesn’t mean you don’t need to be prepared. At Absolute Trust Counsel, we can help explore the available options that best meet your needs. Schedule a free discovery call today, and let’s discuss how to protect your elder care journey.

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Proposition 19 is a ballot measure passed in the November 2020 election in the state of California that significantly changes the property taxes on real estate inherited by children from their parents. And not in a good way. Under this proposition, a parent can only transfer the primary residence (either by gift, by inheritance or by sale) without causing the property taxes to go up. That’s it! Not to mention, the law goes into effect on February 16, 2021, just a few short weeks away. This massive change has left many of our clients and California residents wondering how these negative impacts will affect their estate plan and what they can do in this short window of opportunity to save their families tens or even hundreds of thousands of dollars. Join us as Kirsten Howe discusses the intricate details of this new proposition, the impact on estate plans, and the next steps you need to take now.

Big Three from Episode #055:

Prop 19 is a time-sensitive issue that may impact real estate inherited by your children after February 16th.
The only way to maintain a low property tax payment under Prop 19 is if a child keeps an inherited primary residence as their own primary residence.
Own a vacation home? Be prepared for higher property taxes.

Time-stamped Show Notes:

2:57 – Understanding Prop 19-What is assessed value, and how is it influenced under property tax laws?

4:38 – What does Prop 13 do for assessors?

6:52 – What does Prop 58 mean, and what did it do?

7:57 – What is Prop 19, and what does that mean for a parent to child transfer?

9:06 – If you have a vacation home, here is how Prop 19 affects you.

11:10 – Should you transfer a property?

12:01 – Does Prop 19 apply to you?

13:23 – What if your children don’t want a property?

14:04 – Why is it important to act NOW?

15:43 – What if you pass away after February 16th?

19:22 – If two siblings inherited the parent’s primary residence, can reassessment be avoided if only one sibling moves into the home?

21:35 – What happens to cases in progress right now?

23:00 – Seeing that time is of the essence, will investors be more compelled to sell their rental property sooner?

24:00 – Is there a way to transfer rental properties into an LLC or limited partnership to reserve the assessed tax base?

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In the past, reverse mortgages have had a negative connotation associated with them due to high fees and a lack of understanding of what they were and why they are being purchased. Nowadays, we see a rise in popularity among older adults and seniors who have equity in their homes and want to help supplement their income.

In a new episode of Absolute Trust Talk Live, Kirsten welcomes Home Equity Retirement Specialist Russell Doi to the studio. Russell has over 30 years of experience in the lending industry, ranging from private money, conventional lending, and reverse mortgage lending. He has seen firsthand how the incorporation of a reverse mortgage in retirement has had a dramatic positive impact on the lives of over a million senior homeowners. Today you will hear more about what a reverse mortgage is, how it can be used as a smart financial tool, how to determine how much is available to you, and more. Tune in now, and share this episode with your friends!

Big Three from Episode #054:

Many laws and regulations are governing reverse mortgages that protect consumers and ensure transparency.
Reverse mortgages are a useful tool to help solve a variety of financial problems like enabling seniors to remain in their homes, pay for in-home care, and more.
Take the time to educate yourself on reverse mortgages. It is worth it to find out if this is a smart tool for you.

Time-stamped Show Notes:

4:43 – What is a reverse mortgage?

5:56 – What are some of the reasons why people do reverse mortgages?

9:16 – Russell discusses one surprising way you can use money from a reverse mortgage – to buy a home.

10:42 – Kirsten and Russell talk about the qualification requirements for a reverse mortgage.

12:53 – Did you know that one major misconception about reverse mortgages is that the lender will own your home?

14:31 – What are the different ways that people can take their reverse mortgage money?

17:24 – Russell shares how borrows can determine how much is available to them.

19:35 – Does credit score affect eligibility for a reverse mortgage?

20:12 – If you have a reverse mortgage, who is paying for the taxes, insurance, etc.?

20:46 – Are there any requirements to maintain the home?

22:10 – What the costs and fees involved in a reverse mortgage?

Free Resource: Reverse Mortgage FAQs

Do you have even more questions about reverse mortgages? We have answers. Today’s guest, Russell Doi, has provided us with a Q&A answering some of the most frequently asked questions about reverse mortgages. Download your free copy now!

Ways to get in touch with Russell:

Phone: 510-305-9476

Email: rdoi@mutualmortgage.com

Visit his website for more information: www.RussellDoi.com

[Ad] When planning for the future, it’s important to explore all the tools and strategies available to ensure your goals are met. California estate law is the only thing we do, and we have a deep understanding of what may impact you and how to build an estate plan that meets your specific needs no matter where you are in life. Schedule a free discovery call, and let us help you get started today.

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When it comes to planning for a young family, whether it is financial or estate planning, it’s never too early to get started. Typically, young families share the same concerns and characteristics. It can be hard to navigate all the tools, information, and strategies that are out there. Many may put planning off or choose a route, not knowing if it’s best for them.

In today’s episode of Absolute Trust Talk, we sit down with Michael Strohl, CFP(R) from Open Advisors, who is an expert in working with young families. You don’t need to have a large investment portfolio to get started, but you do need smart financial advice and know-how when prioritizing. Spoiler alert: it may not be what you think. No matter what stage of planning you are in, Michael’s advice will help get you started down the right path or shift the focus of where it might need to be. Tune in now and share this episode with your friends.

Big Three from Episode #053:

Get life insurance.
Make sure your money is going into as many different buckets as possible, purposefully as you cycle through life.
Besides your 401k, are you doing any systematic investing?

Time-stamped Show Notes:

3:05 – Michael works with a variety of clients but has a specialty with young families in the tech sector. Here he discusses some of the common characteristics he sees when working with these families.

5:43 – Michael discusses how he gets started with a client who’s struggling with financial planning.

6:44 – This is how a young family should prioritize when it comes to financial planning.

9:13 – Often, people leave money on the table or don’t funnel it into the right places to meet their goals – here’s how you may be getting it wrong.

11:30 – How do you get your money in the right place to meet goals?

18:40 – If someone just had a baby, what should they do?

20:42 – How much life insurance should someone have?

22:12 – To sum things up, Michael covers how to prioritize saving in different places.

[Ad] It’s never too early to start planning for the future. As experts in California estate law, we understand what may impact you and how to build an estate plan that meets your specific needs no matter where you are in life. Schedule a free discovery call, and let’s start building your plan today.

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When it comes to life insurance, most of us think of it as a death benefit when someone dies too soon. However, when used strategically, it can do so much more. In estate and retirement planning, it can be used as a complementary financial tool to help you meet specific goals or help secure financial protection.

In a new episode of Absolute Trust Talk LIVE, Kirsten welcomes MassMutual Northern California Financial Planner, JP McDermott, MBA, ChFC, CLTC. With over 20 years of experience, JP is an expert Financial Planner helping clients plan for a comfortable retirement while leaving a legacy for their families. As we dive into this topic of estate planning, financial planning, and life insurance, we will discuss topics like how to pay estate taxes with life insurance, the value of life insurance in blended families, business, and how the election results may impact our planning. No matter where you are in the estate or financial planning process, this is an episode that everyone should listen to.

Big Three from Episode #052:

Buy life insurance as soon as you can. You’ll never be as young as you are now.
The right amount of life insurance depends on what you’re trying to accomplish in life.
Life insurance helps estate taxes, blended families, businesses, charitable giving, even families with special needs persons.

Time-stamped Show Notes:

3:51 – We may see some changes to our federal estate and gift tax laws – even our income tax laws with a new administration. This is what listeners need to know.

5:42 – How can someone use life insurance to limit or the impact of estate taxes?

8:40 – How do irrevocable life insurance trusts help solve estate taxes?

11:29 – What is the importance of life insurance in blended families?

15:10 – Here are a few reasons why a business should own life insurance

17:15 – Life insurance is another great way to help with charitable giving. Here’s how.

19:15 – When is a good time to buy life insurance?

20:00 – How much life insurance is right for a person?

21:28 – Why is term insurance so much cheaper than whole life insurance or permanent?

23:53 – Is it possible to use life insurance to cover a debt you don’t want to leave to a spouse or loved one?

Resources/Tools Mentioned in Today’s Episode:

LifeHappens.org

[Ad] Wondering how life insurance can play a part in your legacy planning? With our extensive knowledge in California Estate Law, Absolute Trust Counsel is here to help you explore all the options and build a plan that meets all of your goals. Schedule a free discovery call, and let’s discuss your specific estate planning needs today.

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Taking over control of finances and your financial future can be overwhelming, especially for women who may be experiencing divorce, a spouse's death, or another major life event. However, it can be done smoothly and with peace of mind.

In a new episode of Absolute Trust Talk LIVE, Kirsten welcomes guest Mary Ballin. Mary is a Certified Financial Planner™ as well as a Certified Divorce Financial Analyst® (CDFA®) with more than 20 years of experience helping women navigate substantial life transitions. Mary is an endless resource as she shares what exactly it is a CDFA® does, provides some interesting statistics on the confidence gap between women and men, and highlights some of the most common challenges and concerns that women face on their journey. Kirsten and Mary also discuss the value of financial planning in a typical divorce scenario. If you or someone you know is going through a big life transition and is in need of some guidance, we hope you will listen in and share this episode with them.

Big Three from Episode #051:

As a woman, no matter what transition you are going through, no matter what your financial situation looks like, you can do it – you will get through it.
Remember, in terms of divorce and splitting assets, it's important to figure out the right combination of what's going to work best for you and your circumstances based on where you are in life.
Financial planning is about ALL different aspects of your financial life working together.

Time-stamped Show Notes:

1:00 – What exactly does financial planning for women in transition mean?

3:38 – Mary shares what she sees in terms of helping women during a significant life change

7:32 – Given that there is a fear among single or widowed women, how do you get started?

9:28 – In what ways are men and women different when it comes to financial planning?

12:34 – The key to smart financial planning is this

13:36 – What does it mean to be a Certified Divorce Financial Analyst®?

14:39 – Mary highlights issues that women face with finances when going through a divorce

19:40 – How do I pick a good financial advisor who knows what they are doing?

22:53 – How difficult is it to start financial planning?

25:36 – If my advisor only talks about investments, how do I really know how much I have for retirement?

Free Resource:
If you are searching for a financial planner, it's important to ask questions so you know who you are working with and what their process looks like, but it can be challenging to know what to ask and how to get started. To help you with your search, our Absolute Trust Talk guest, Mary Ballin, has provided a free checklist tool of questions you may want to consider when you're interviewing potential advisors. Download your free copy today!

[Ad] Do you have a plan in place that will help you stay in control of your future? Absolute Trust Counsel is here to help you prepared no matter what may come your way. Schedule a free discovery call, and let’s discuss your specific estate planning needs today.

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Fraudulent schemes aren’t uncommon, especially among our senior populations. Since COVID began, we’ve seen a few interesting twists pop up. Scammers have become even more creative at seizing opportunities as they arise. That’s why it is vital to take the necessary steps to protect yourself, your loved ones, and your assets.

In a new episode of Absolute Trust Talk LIVE, Kirsten will review some of the latest scams that have made their way onto the scene and highlight some important things you can do to protect yourself and your family. It’s more difficult now, but more important than ever to stay connected – especially to our senior family members. We hope you will take the time to listen and share this episode with your friends, family, and loved ones.

Big Three from Episode #050:

This pandemic or new environment that we’re in has opened a new market for a twist on scams.
If anyone is calling you from the government asking for personal financial information – don’t give it to them.
The best defense for older adults who are scammed – an up-to-date estate plan.

Time-stamped Show Notes:

3:00 – How has the pandemic changed the way scammers get you?

5:08 – This is one of Kirsten’s top tips for making new or unusual purchases

6:00 – These types of scams involve people trying to obtain your private financial information

6:41 – Fun fact - the government is not calling you for information!

8:29 – These types of fake people are calling to know more about your medical situation

10:06 – These types of scams happen more so to this age group

10:26 – This is one of the best defenses against these scammers

10:58 – What do you do if you have a parent who really needs to go into an assisted living situation because they cannot safely live at home anymore, but they refused to move

12:17 - What is the best kind of power of attorney, springing or immediate

13:58 – Kirsten reviews the information on the IRS website that she talked about earlier in the podcast

[Ad] Do you have a plan that would enable a trusted family member to step in to protect you from predators? Regardless of whether you have an estate plan or not, we can help review or put a plan into place to cover your bases and safeguard your assets from those who could try to take advantage of you. Scammers wait for no one. Schedule a free discovery call, and let’s discuss your needs today.

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It's easy to say, "when disaster strikes, be prepared," but how easy is it to move hundreds or thousands of long-term care residents when a fire or flood is bearing down on a facility? How do you know a family member will be safe and taken care of? The good news is that facilities are required to have an emergency plan in place, but we also need to be sure we understand what will happen to our senior family member in case of disaster and how we can help prepare.

In this new episode of Absolute Trust Talk LIVE, Kirsten takes a look at part three of the elder care journey, which dives into the details of disaster and emergency preparedness. Kirsten will review the basics of how a facility plans and provide a short checklist of what questions you should consider asking when it comes to your loved one's safety. These days, disasters can happen at any place and at any time. Share this episode with your friends and family, and let's keep our loved ones safe.

Big Three from Episode #049:

Long-term care facilities are required to have emergency plans in place with employee training and practice runs.
Ask for a copy of the plan from your family members' facility. Read it, ask questions, and understand it, so you know what happens to your loved one when a real disaster strikes.
Make sure your contact information is up to date with the facility, and you know the latest medical needs for your loved one.

Time-stamped Show Notes:

3:30 – Kirsten reviews the types of long-term care facilities available

4:38 – What to departments govern RFCEs and skilled nursing facilities?

5:13 – What type of emergency plan are facilities required to have?

6:02 – What needs to be included in an emergency plan?

7:35 – How do we know that the person in long-term care will be safe? What can we do to understand facility emergency planning?

9:50 – What is the best way to determine the help a parent needs if they want to remain living in their home?

[Ad] If disaster strikes, you want to know that you and your loved ones will be protected. At Absolute Trust Counsel, we know what questions to ask and the steps to take to ensure you have a plan in place that covers all the bases. Schedule a free discovery call today, and let’s discuss how to protect your elder care journey.

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Estate planning is an interesting topic, usually because most people immediately think we're talking about planning for their death. But what happens if you are unable to make decisions for yourself? Incapacity planning is one of the most critical planning strategies you can implement because things can be challenging for your family without it.

In this new episode of Absolute Trust Talk LIVE, Kirsten takes a look at part two of the elder care journey. She discusses some real-life scenarios in which incapacity planning has been vital to take proper care of a loved one who can no longer make decisions for themselves legally. No matter what type of plan you have in place, incapacity is something that everyone should address because you just don't know when something could happen. We hope you will take some time to listen in and share this episode with your friends, family, and loved ones.

Big Three from Episode #048:

A written estate plan is critical when it comes to making decisions and acting on behalf of another person legally.
If a document requires incapacity, it specifies precisely what that means. So, be sure to read the document carefully.
Without the proper documentation, you will have to go to court.

Time-stamped Show Notes:

2:57 – When do we know that someone has sufficient cognitive impairment that allows another person to step in and make decisions for them legally?

5: 07 – What are the different kinds of Powers of Attorney?

7:16 – Why is it critical for a person to have a written estate plan and Power of Attorney?

10:41 – How does someone go about getting the authority to do estate planning for someone else?

13:21 – What if a client doesn't have the legal capacity to understand what's going on or make a decision?

14:34 – What happens if an elderly parent makes changes to their estate plan at a time when they may not have legal capacity?

17:01 – What do we do if we have a power of attorney, and we also have the two doctor letters, but the bank we are dealing with still won't accept it?

19:19 – Is a written doctor note stating that a person can do estate planning valid?

Resources/Tools/Links Mentioned in This Episode:

Incapacity Planning Resources

[Ad] If you become incapacitated without a plan, you don’t have time to wait. Support and care are needed right away. At Absolute Trust Counsel, we can help explore the available options that best meet your needs, so that if you become incapacitated, your life and the lives of your family members can proceed as desired. Schedule a free discovery call today, and let’s discuss how to protect your elder care journey.

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The elder care journey is called a journey for a reason. It’s not linear, and many times people won’t know what will happen to them as they age. And while it is hard to predict, it’s not impossible to plan for, but it is essential to recognize that the type of care needed and how that care is paid for is a large part of the journey to help an older adult thrive.

In a new episode of Absolute Trust Talk LIVE, Kirsten discusses part one of the elder care journey that organizes and breaks down the different types of care available. We will discuss different scenarios, how each level of care applies, and, most importantly, how to pay for the different types of care needed. No matter where you or someone you know is in the journey, it’s important to address these topics should the need for care arise, so we hope you will take some time to listen in and share this with your loved ones.

Big Three from Episode #047:

The elder care journey is when a loved one starts to need more advanced help and medical care.
Family members are just as much a part of the journey as the elderly family member.
While the elder care journey is not linear, thinking about the progression as four different levels of care will help you understand the types of care available.

Time-stamped Show Notes:

0:28 – What is “the elder care journey”?

1:38 – Why do families need to think about this journey?

3:50 – What are the types of elder care available? How do you pay for it?

7:23 – Phase two of elder care tends to look like this.

8:46 – Who is our “go-to” for personal care/help for an older family member?

14:39 – What are the activities of daily living? How do they put an elderly family member in another level of care?

18:15 – What is boarding care?

20:20 – What is memory care?

23:55 – Kirsten shares more about a resource specific to veterans.

24:51 – What happens if an elderly family member needs care 24/7?

28:12 – Medi-Cal doesn’t kick in until this level of care.

Resources/Tools/Links Mentioned in This Episode:

Absolute Trust Talk Ep. 033 Learning the Language: Long-Term Care Insurance

[Ad] No one knows what will happen as they age, but that doesn’t mean you don’t need to be prepared. At Absolute Trust Counsel, we can help explore the available options that best meet your needs, so that if incapacity or elder care is needed, your life and the lives of your family members can proceed as desired. Schedule a free discovery call today, and let’s discuss how to protect your elder care journey.

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For any business owner who’s taken a PPP Loan, you know exactly how challenging the application process was. Now that you may be looking to get that loan forgiven, unfortunately, the forgiveness application isn’t any less challenging or confusing. On top of that, if you don’t apply correctly, you will have to pay all the money back.

In a new episode of Absolute Trust Talk LIVE, we are happy to welcome guest Ed Gines, PPP Loan expert, and founder of Strategic CFOs. As the top resource supporting small business leader clients with high-level accounting supports and insights, Ed brings a wealth of information on each step of the PPP Loan forgiveness process like specific time limits, forgiveness percentage calculations, income caps, and more. If you feel like you’re lost in the process, unsure whether a PPP Loan is right for you or need help with the forgiveness application, this episode is for you. Ed’s expertise will ensure your loan is forgiven in full. Listen In!

Big Three from Episode #046:

Look out for the words FTE Reduction Quotient – Watch out for these words and ask your accountant!
Remember “Safe Harbor 2”
PPP Loans and Loan forgiveness is complicated, but there is help – don’t struggle, get the forgiveness you deserve and ask for professional help.

Time-stamped Show Notes:

4:26 – What are some basic things that businesses should know about PPP Loan forgiveness?

6:22 – When is the ideal time to apply for forgiveness?

7:55 – Ed discusses how to calculate or figure out what percentage of you PPP Loan can be forgiven

10:48 – What is a cover period vs. a comparative period?

14:15 – What requirements – calculations, information, and data are required for forgiveness?

17:20 – Ed and Kirsten discuss the importance of spending the minimum amount of money on payroll in a specific 24-week time frame

23:20 – These are the application forms that you should know about for PPP forgiveness

27:18 – When does a business have to repay the portion of a PPP Loan that is not forgiven?

28:22 – How does an employee who was laid off during COVID and didn’t come back impact your forgiveness?

29:50 – Do bonuses paid out to employees’ impact percentage of forgiveness?

31:03 – Do employer 401k’s count in the forgiveness calculation?

Episode #046 Freebie – Paycheck Protection Program Phases & FAQs

Did you know that over 80% of businesses are confused by the entire PPP Forgiveness application process? Yes, that’s right; you are not alone. Today’s guest, PPP Loan expert, Ed Gines, gives exclusive access to his Paycheck Protection Program Phases & FAQs resource guide. This checklist breaks down the process and answers some of the most frequently asked questions about each step, helping you understand the process more thoroughly. Download your free copy now!

Resources/Tools/Links Mentioned in This Episode:
Strategic CFOs

[Ad] A lot of time and effort goes into building your business, and it’s important to not only protect it but clarify what will happen to it when you’re gone. An estate plan will address all issues involved and protect current and future owners if it is passed down. Schedule a free discovery call today, and let’s discuss the ins and outs of protecting your business and your needs.

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Reasons to move out of California, or if you’re thinking more local, out of the Bay Area, may range from a lower cost of living, lower taxes, less crowding, retirement, following family, or simply a change of pace. But it’s no secret that the extensive list of things that need to be done for moving can be overwhelming. How do you start? Where do you start? And when planning ahead, how far in advance should you start?

In a new episode of Absolute Trust Talk LIVE, we are happy to welcome guest Scott Fuller, relocation expert and founder of LeavingTheBayArea.com. As the top resource for helping clients navigate the moving process systematically, Scott brings a wealth of information on the type of moving trends in the Bay Area and across the state. Scott and Kirsten will also examine how COVID-19 has impacted the market and the relocation process. Moving is a big job, but when you have the right plan and thought process in place, you will be able to smoothly check off all the “to-dos” on your list and move like a pro.

Big Three from Episode #045:

Moving isn’t just about logistics. It’s also about being mentally and emotionally prepared as well.
Are you ready to move, but not sure where? Take time to sit down and visualize the process and visualize your goal for making a move.
While there are a lot of people moving out of California, there are just as many relocating within the state to lower density areas – especially now with COVID.

Time-stamped Show Notes:

3:29 – Who is moving out of California, and why?

5:02 – Are people moving just moving out of state, or are they moving to other parts of California?

6:23 – Scott discusses the impact COVID has had and will have on this California moving trend

7:43 – Scott shares some interesting stats and trends that are coming out of the bay area

10:07 – Kirsten and Scott discuss the most common relocation challenges today

15:27 – How far in advance should someone start planning a move?

17:35 – Scott discusses how to prep for moving your items

22:43 – Kirsten and Scott talk about some of the most popular out of state locations people are moving to

Episode #045 Freebie – 12 Step Roadmap to Your Next Destination

When moving, it’s essential to have a plan, something that breaks down the process and helps you transition from point A to B, and so on. And for the average person trying to develop that plan, and then put it into play can be daunting. Today’s guest, relocation expert Scott Fuller, is sharing exclusive access to his thoughtfully curated planning resource, “12 Step Roadmap to Your Next Destination.” This 12-step roadmap will help you break down each step of your next move making it more manageable and less stressful. It’s time to plan your move like a pro. Download your free copy now!

Resources/Tools/Links Mentioned in This Episode:

Zumper.com

LeavingTheBayArea.com

U-Haul Migration Trends

[Ad] No matter what the reason, moving can have a significant impact on your estate plan. It’s important to review your plan with your attorney to go over any positive or negative changes as well as strategies for helping to minimize the tax impact on your estate. As experts in California law, we can help modify or build an estate plan to meet your needs. Schedule a free discovery call today, and let’s get started!

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Being named as the executor or trustee of an estate is a big job. There are many tasks and responsibilities to take care of. And on top of that, it’s hard to imagine being able to make these important financial and legal decisions while grieving. A lot of times, people have no idea where to start or what to do. Without basic knowledge of the trust and estate administration process, the whole experience can be overwhelming.

In this new episode of Absolute Trust Talk LIVE, Kirsten dives into some of the most common mistakes that trustees and executors typically make that can also have serious consequences. With a little education and extra guidance, these mistakes can be avoided. Listen in to learn more about how you can navigate the estate and trust administration process like a pro.

Big Three from Episode #044:

It’s essential to understand your fiduciary duty event if you too are a beneficiary
Record keeping is of utmost importance - you must be thorough and organized
Being an executor or a trustee of an estate is a big and time-consuming job – you are responsible for an entire estate. It’s okay to ask for help and consult with your attorney.

Time-stamped Show Notes:

1:49 – These are the categories trustees, and executors usually find the most trouble with

2:12 – What does it mean to have a fiduciary duty?

3:11 – What happens if a trustee is also a beneficiary?

6:39 – Here’s why record keeping as a trustee or executor is important

9:47 – Trustees and executors are entitled to compensation too, make sure you do this

11:25 – As an executor or a trustee your job is to protect and preserve the estate, here’s how

[Ad] Take the stress out of the trust administration process. At Absolute Trust Counsel, we have the experience and compassion necessary to make the complicated process, whether trust administration or probate, as efficient and stress-free as possible. Schedule your free discovery call today, and let’s get started on the right path.

Resources/Tools/Links Mentioned in This Episode:

Estate Administration

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Individuals with special needs and their families face unique challenges when it comes to living, working, and even participating in their community, but it doesn’t mean that they can’t find independence.

In a new episode of Absolute Trust Talk Live, Executive Director of East Bay Innovations, Tom Heinz joins Kirsten to discuss his organization and the variety of programs they run designed to enable and empower persons with disabilities to live their most productive, independent and satisfying lives.

While there are so many ways that EBI serves the special needs community, Tom and Kirsten will focus on services that include things like daily money management, disability benefits planning, and affordable housing. If you or someone you know is a person with special needs or a trustee of a special needs trust, this episode is a valuable resource.

Big Three from Episode #043:

Special needs persons can find affordable housing through HUD that provides rental subsidies to people who are low income.
Yes, getting a job and making more money can impact your SSI or MediCal benefits, but it will not necessarily terminate them, and there are ways to plan and troubleshoot.
Special needs individuals of all ages, with the right support, can work and live independently.

Time-stamped Show Notes:

3:12 – How does EBI help disabled persons with affordable housing?

8:30 – This is the process for getting people section 8 vouchers

11:26 – Tom discusses how EBI also helps with disability planning

16:28 – These are the most common services that special needs trust beneficiaries use at EBI

19:24 – Tom explains how EBI is expanding its Case Management Services

22:51 – Are there concerns as an increasing number of people with disabilities become seniors in terms of housing and care?

25:01 – How does EBI help with employment?

[Ad] Special needs planning is vital to maintaining a safe, comfortable, and healthy lifestyle for a person with disabilities, however, it needs to be done with extra thought and care to ensure they are still able to access necessary government benefits. At Absolute Trust Counsel, we can help navigate even the most challenging situations to ensure that a person with special needs will be able to thrive. Schedule your free discovery call today and let’s discuss your planning needs.

Resources/Tools/Links Mentioned in This Episode:
Disability 101: www.ca.db101.org
EastBayInnovations.org
Absolute Trust Counsel – Special Needs Tools

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When a loved one is diagnosed with Alzheimer's or Dementia, a spouse, partner, or family member is thrust into the caregiver role. They are just expected to know what to do and how to do it. There is no conversation about it. The caregiver's journey is lonely and challenging, taking on more and more responsibility as their loved fades away.

You may feel angry, afraid, frustrated, and guilty for feeling these things all at the same time. And who is there to talk to when friends and family don't truly understand what you're going through?

In a new episode of Absolute Trust Talk Live, guest Cheri Bailly-Jacob joins Kirsten to discuss the challenges and emotions that caregivers face, as written in her memoir, "Caregiver Confidential: Stories of Living with My Husband's Alzheimer's Disease." Whether your loved one was just diagnosed, or you've been caregiving for a while now, we hope this conversation with Cheri and her book will encourage and support you on your journey.

Big Three from Episode #042:

Don't feel guilty for having negative emotions - it is normal!
After the diagnosis find new activities that both you and your loved one can participate in.
Read Cheri's book, whether you are a caregiver or not!

Time-stamped Show Notes:

1:15 - Why did you write this book?

3:26 - What did Cheri first notice that makes her think something was wrong? It's not just about losing my car keys.

5:21 - Cheri shares how she brought up the subject checking on Bob's memory health

7:26 - These are the steps Cheri and Bob took to gain clarity on his diagnosis

12:37 - Kirsten and Cheri discuss one of the most important reasons to read her book - being thrust into the caregiver role

13:04 - Don't feel bad about negative thoughts and feelings as a caregiver. It's normal

14:03 - When do you talk about a diagnosis with friends and family?

15:40 - These are the most important things for caregivers to take care of in the early stages

[Ad] If you find yourself lost, and don't know what to do or how to plan for a loved one who is suffering from Dementia, our team can help. Schedule your free discovery call today, and let's talk through your situation and your concerns. Together we will put the right plan in place for you, your loved one, and your family.

Resources/Tools/Links Mentioned in This Episode:

Caregiver Confidential: Stories of Living with My Husband’s Alzheimer’s Disease

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Most parents of children with special needs understand how important it is to plan ahead. While there are many vital parts to this planning, a special needs trust should be at the top of the list.

Utilizing a special needs trust will ensure that after the parents pass away, the child will not lose any government benefits due to inheritance. But what happens if a special needs person gets an inheritance from someone other than a parent who did not set up a special needs trust? Could that impact their government benefits too? What many people don’t realize is that there are two different kinds of special needs trust available and how they are set up mainly depends on one, who is setting them up, and two where the money is coming from.

Tune in to a new episode of Absolute Trust Talk to take a closer look at special needs trusts and how to ensure that inheritance doesn’t impact government benefits for the special needs person in your life. With the right guidance and planning in place, you can rest assured your loved one will be protected.

Big Three from Episode #040:

If you have a special needs family member, get in touch with your attorney, and get a plan in place.
Placing money and inheritance in a special needs trust will ensure that the special needs person will not lose necessary government benefits.
Even if you don’t have a special needs family member, consider having a special needs provision added just in case.

Time-stamped Show Notes:

1:20 – What kind of government benefits are critical to a special needs person?

2:27 – What is the difference between the two types of special needs trusts?

3:34 – This is a common scenario for special needs planning and setting up a special needs trust.

4:44 – Why would a special needs person set up a first-party trust?

6:54 – This is the most important regulation to follow when setting up a first-party special needs trust.

8:26 – Where do you get started with special needs planning? Start here.

8:56 - Kirsten shares her top tip that everyone should do with their trusts, whether they have a special needs family member or not.

[Ad] If you need help planning for the future of a special needs family member, we’ve got you covered. We can help put the right protections in place to ensure your loved one is cared for properly. Schedule your free discovery call today, and let’s get started.

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Now that we've settled into somewhat of a new normal for the time being, people are thinking about getting things in order. There is still a sense of urgency, but many are taking the time to review their estate plans to make sure everything is in place, or are taking steps to put a new plan in place.

In California, one of the key tools we use is a trust. We want to keep things simple, keep the cost down, and keep the family out of court, so we use a trust to avoid probate. But problems arise when an asset doesn't make it into the trust before the grantor dies. When that happens, probate happens - not always, but most of the time. And surprisingly, this is a very common mistake.

“It’s rare for us to do trust administration for a client and not have this mistake show up. I would say 95 out of 100 times we find an asset outside of a trust that should have gotten in.”

-Kirsten Howe

In a new episode of Absolute Trust Talk, I'm going to share the tips and information you need to know to avoid this kind of mistake and keep your family out of court. I'll talk about how to fund a trust: which assets to fund, how to fund each kind of asset, and how you can tell if your trust has been correctly funded. With COVID-19, people want to make sure they protect themselves and their loved ones the best they can. Together we can help build an airtight plan.

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Are you looking for a solution to keep the stay at home senior in your life safe during the COVID-19 pandemic? In-home caregivers are considered frontline, essential personnel, and have been prepared to care for seniors in place since long before the worst of Coronavirus. "Our caregivers, that are working in these communities are staying in those communities. They are not going anywhere else except working one on one with that one client. And they do not go anywhere else." -Francesca Vogel Home Care Assistance Francesca Vogel of Home Care Assistance joins a new episode of Absolute Trust Talk to discuss the specialized COVID-19 response efforts that home care providers are taking and have been taking to provide the vital care and support seniors need to remain safe.

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It’s no secret that our most vulnerable population during this COVID-19 pandemic has been our seniors and older adults. They need extra protection and closer oversight because of the isolation they have been put in. The questions that remain include things like, “Who is there to make sure necessary care doesn’t fall through the cracks?” “How can I stay in touch with my loved one?” “Who can I reach out to if I don’t feel like my loved one is properly cared for?”

To help answer these questions and more, Executive Director Nicole Howell, from Ombudsman Services of Contra Costa, Solano and Alameda joins us for a new episode of Absolute Trust Talk. She has been on the frontlines of COVID-19 safety efforts among seniors and elderly in long-term care across the Bay Area, and we’re excited to have her join us to share the latest on all things elder care.

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Are you a health care worker, or do you have a loved one who is? Then this episode is for you. Health care workers are very special, and we all owe them our gratitude for the work they do, but it's important, especially now, that they do not allow their instinct to help others get in the way of supporting themselves. Statistics are showing that there is an alarmingly high rate of COVID-19 cases among health care workers in some locations. We just don't have enough data to know why that is. But, it's clear that health care workers are getting sick, and they need to be prepared. Join me as I triage your estate plan - breaking down the components needed to keep you and your family safe during this mega-crisis and beyond.

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Do You Have a Plan That Would Enable a Trusted Family Member to Step in to Protect You from Predators? It’s hard to believe we are living in such scary and uncertain times. Unfortunately, there are still those out there who are taking advantage of that for their financial benefit. The coronavirus has resulted in new twists on common scams that mainly affect seniors – the most vulnerable population. It’s more difficult now, but more important than ever, to stay connected – especially to our senior family members. Scams are much easier to pull off on someone who is isolated, as many older adults are, and especially if they experience cognitive decline as they age. These types of scams cost families millions of dollars every year. But there are things you can do now to protect yourself, your family, and your loved ones. Join me as I discuss the importance of coronavirus estate planning to protect you and your family now. Don’t miss out on my tips to help ensure you get your $1,200 economic impact check ASAP.

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In uncertain times, like those we’re facing now, we tend to go into panic mode, worrying about everything all at once. With so much on our minds, we don’t realize that there is still an opportunity to take control and be prepared.

Have you thought about what would happen if you or a loved one is impacted by coronavirus? Will your loved ones be protected if something happens to you? Will you get the immediate support and care needed? If it’s a loved one isolated and impacted, do you know how to manage their care? Do you even have the authority

If incapacity happens without a plan, you don’t have time to wait. You don’t have time to sort through the mess for the right support and care that’s needed immediately.

If it’s untimely passing, what are the next steps? Is there a plan in place to protect your loved ones and assets? Or, will there be expensive and long drawn out time in court?

Listen in for to an all-new episode of Absolute Trust Talk LIVE, where I discuss the importance of coronavirus estate planning now, and give you some action items to help you plan and prepare.

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Dementia is a prevalent disease in our society, our country, and throughout the world. Even though millions of Americans are living with dementia, families are often in the dark. They don’t understand the impact on their loved ones, and they don’t know what’s coming as the disease progresses. Why? Well, there are many reasons, but most people just don’t want to face them. The problem with that is, by the time acute care is needed, it’s too late to plan appropriately, according to the wishes of the person suffering, which makes it harder for everyone.

Joining Kirsten in the studio is Dr. Michelle Dhanak of ElderConsult Geriatric Medicine. Michelle has an extensive background in addressing complex medical and psychosocial issues in older individuals, and her unique focus and expertise in dementia and agitation have had a significant impact on improving care systems for challenging patients. Michelle believes that all older adults who are suffering deserve to live out the rest of their lives with dignity, respect, and self-efficacy.

Throughout this episode, Kirsten and Michelle dive into what dementia really is, the different types, and how it impacts not only the person living with it but the loved ones who are making decisions and caring for that person.

According to the Alzheimer’s Association, the brain changes associated with dementia may begin 20-plus years before symptoms start appearing. It’s scary to know what could be happening in our heads. This episode is full of insights on how to plan and manage this difficult disease, so listen in and share it with your friends.

Big Three from Episode #034:

Families need to take the time to prepare for what to expect.
If possible, don’t wait to plan and make decisions. Include the person who is diagnosed with the disease so they can decide what they want to happen.
Ultimately, we all want the person with dementia to age in place and live out the rest of their life as comfortably as possible.

Time-stamped Show Notes:

4:23 – What happens at the end of life for a person with dementia?

7:39 – This causes 50% of death in people with dementia.

11:20 – What role does hospice play for those with dementia?

15:15 – Michelle discusses how she works with families to prepare for dementia.

19:03 – What are neural psychiatric symptoms?

21:17 – Michelle shares insights on how to choose the right hospice.

25:41 – How do families deal with a new diagnosis of dementia?

29:25 – What is delirium? What is the impact?

33:37 – What should family members and loved ones keep in mind when making decisions for those with dementia?

36:44 – Michelle shares how people get on, and stay on, hospice.

39:30 – Since Medicare covers hospice, does that mean we don’t pay out of pocket?

Resources/Tools/Links Mentioned in This Episode:

https://www.elderconsult.com

[Ad] It’s never too early or too late to put a plan in place. We can help ensure your wants, needs, and wishes are carried out the way you want them in the case that you’re not able to decide for yourself. Get started today by scheduling your free pre-consultation call. >> https://absolutetrustcounsel.com/scheduling/.

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Who needs to think about long-term care? That’s something for down the road. Or maybe you’re healthy, you have your wits about you, and you just don’t think that is something you will ever need. Well, believe it or not, 70% of people over the age of 65 will need long-term care at some point while aging. Unfortunately, health insurance doesn’t cover it, and Medicare and Medi-Cal may cover a small portion of care, but only if certain conditions are met.

Joining us on the show today is long-term care insurance expert Patrick Johnson. Patrick has been in the financial planning marketplace for over 30 years and holds advanced degrees in life insurance and long-term care planning. In this episode, Patrick helps provide clarity about why people need long-term care coverage, the types of options that are available, and how they fit into the bigger picture of your future planning. Patrick also shares insights into the costs of long-term care and the next steps you should take to get the process of obtaining coverage started.

We get it, long-term care insurance is a confusing topic, but today we unearth the answers you’ve been waiting for and share why everyone should think about planning for tomorrow today.

Big Three from Episode #033:

Do your homework and do your research to help determine the best solution for your needs.
Seek a qualified professional who can help.
Have a plan!

Time-Stamped Show Notes:

3:30 – Why do people need long-term care?

4:30 – What types of care do long-term care insurance policies cover?

5:22 – What qualifies someone for long-term care in terms of a policy kicking in?

6:12 – Patrick discusses what an elimination period is as it relates to your policy.

8:05 – Patrick lays out the different types of long-term care insurance.

15:40 – What is a long-term care rider?

18:45 – When thinking about insurance, it’s important to clarify that you are talking about these two categories

21:43 – You could still qualify for long-term care insurance at an older age

22:55 – What is an annuity, and how could it help with long-term care?

26:38 – Patrick shares insights on one other financial vehicle that could be used

28:17 – Bottom line: What are the costs of long-term care?

30:14 – How do you find a new long-term care facility in California?

32:00 – What are the next steps in obtaining long-term care?

Episode 033 Freebie: What’s Your Plan Brochure

Have you planned for your future? Have you thought about how you would finance long-term care if you were to need it? You have options, but you need to do your homework. Today’s guest and long-term care insurance expert Patrick Johnson is giving listeners exclusive access to his “What’s Your Plan” brochure. This document is a valuable resource to have on hand because it not only breaks down all the options available, but also, it compares the various solutions and explains who would benefit from each. Click here to download your free copy now!

Resources/Tools/Links Mentioned in This Episode:

www.lookingforcare.com

www.patrickjohnsonltc.com

[AD] Planning for long-term care can be confusing, but with the right guidance, it doesn’t have to be. We understand the solutions available and can help ensure that you have control over your financing options and your plans. Click here to schedule a FREE pre-consultation to get started today. Let’s protect you and your needs.

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We all age, right? It’s a natural part of our life cycle. But unfortunately, we often fail to take advantage of the lifelong opportunities we are given to maximize our health and age gracefully, ensuring we remain healthy and active as we get into our later years. Dr. Nancy Rolnik, who has special expertise in sports, lifestyle, and regenerative medicine, understands that better than most. Her unique training gives her the knowledge to treat each patient holistically, combining the best of Western and Eastern medicine to help her patients recover and thrive. She is amongst a growing group of regenerative pioneers around the world aiming to help patients heal instead of using band-aids to control pain. Dr. Rolnik knows all too well the pain and suffering that comes from experiencing too many fitness-related injuries, so she easily empathizes with her patients and creates a whole-body treatment plan to help her patients recover from their injuries or reduce chronic pain without surgery or pain pills. There’s no cookie-cutter medicine at Remedy! Her goal is to safely and quickly get her patients back to the sports, workouts, and daily activities that make their lives full. Dr. Rolnik helps you stay healthy for life!

Dr. Rolnik earned her BS in biochemistry from the University of Illinois, Champaign-Urbana, and attended medical school at Northwestern University’s Feinberg School of Medicine in Chicago. She is board certified in family and sports medicine and has worked tirelessly over the past 20 years to advance her training, knowledge, and skills in lifestyle and regenerative medicine treatments to offer patients safe, effective, and state-of-the-art options for injury and pain management.

Joining the show today, Dr. Rolnik and Kirsten discuss the best options for pain management, how health and wellness are vital for maintaining optimal function, and the steps you can take to implement a healthier lifestyle one improvement at a time. Whether you’re an athlete or daily workout junkie, or you experience wear-and-tear pain, this episode will help you recognize what you might be missing and help get you back on track.

Highlights from Episode #032:

Our body is the only true healer of pain. Modern medicine helps the process.
Getting into the groove of a healthy lifestyle can be hard and overwhelming. Pick one thing you want to work on or improve, whether that is giving up soda or going for a walk every day at lunch, and master that. Then, once you have that down, add on something new. Tracking progress with a planner helps.
We all need to take responsibility for our own health and wellness – there is no magic pill or program to make you healthy. Daily efforts to maintain or improve your health add up to a healthier life! Living to an advanced age with vitality requires a plan and consistency.

Time-stamped Show Notes:

5:44 – How do you advise for pain management and chronic pain?

10:20 – How much is enough exercise for the average person?

14:42 – Dr. Rolnik shares an excellent tip for incorporating stretching into your routine.

16:11 – How can maintaining your fitness and wellness impact cognitive needs?

18:55 – How do you compare the health span to life span?

20:50 – What is an even more significant factor in maintaining overall health and wellness?

22:30 – Dr. Rolnik and Kirsten discuss inflammation and how to address that root cause.

25:05 – What are the most common foods that are inflammatory?

32:36 – Dr. Rolnik weighs in on whether coffee is good or bad for you.

36:46 – Kirsten and Dr. Rolnik break down the process of platelet-rich plasma Injections.

Episode #032 Freebie: The Remedy Wheel of Hope

There are various approaches to injury and pain management. Many depend on your efforts, and some depend on the advice and skills of healthcare professionals. The strategy that helps your knee pain, for instance, will look entirely different for someone else. Dr. Rolnik is providing Absolute Trust Talk listeners exclusive access to her resource, The Remedy Wheel of Hope. This pie chart breaks down eight different non-surgical factors that Dr. Rolnik uses in custom combinations to reduce pain and improve function without resorting to going under the knife or using opioids. Some people will improve simply with a few of these options without consulting with a physician, and others need to incorporate all of them in some form or fashion. Dr. Rolnik assesses each individual and formulates the best combination for success. Click here to download your FREE copy now.

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Many people are lawful owners of firearms. And if you are the lucky inheritor of a firearm in the state of California, it is your responsibility to ensure the transfer is handled legally – within the scope of state and federal laws. Interestingly enough, rules regarding such transfers largely depend on your relationship to the testator and the type of firearm bequeathed.

In today’s episode, we are excited to welcome associate attorney Joseph Fenton of Campbell Green LLP to the show. While Joseph represents clients in probate, trust administration and litigation, protected proceedings, and elder law, he also has unique expertise in the laws governing ownership and transfer of firearms.

Unlike other assets you list in your estate plan, you might not be able to simply give a beneficiary a firearm, even if it’s been legally documented. Joseph and Kirsten discuss the specific rules that need to be followed to properly transfer firearms in the state of California and how firearms are included in an estate plan. Joseph also defines the many potential problems that could arise, and the careful consideration that needs to be made when the executor is handling the firearm.

Whether you are a gun owner, a family member of someone who is, or the representative of an estate that involves a firearm, this podcast is the resource you need to make sure all processes and procedures remain compliant with the necessary laws.

Big Three from Episode #031:

If you have firearms and believe in the right of firearm ownership for whatever reason, and you want to pass your firearms on, it’s essential to understand that you must legally do so. And if you can’t legally do so, you shouldn’t try to work around the law. It’s to the benefit to all who enjoy firearm ownership to realize that we have to follow specific rules.
Always have your Firearms Safety Certificate. If you don’t have one, take the test. It is a simple test that anyone can pass. Anyone and everyone who touches a firearm in California should already have this!
If you don’t know how to handle or proceed with a firearm, seek help.

Time-stamped Show Notes:

3:48 – What is the key difference in these terms – firearms vs. guns?

4:03 – What rules do you need to follow to transfer firearms in California?

4:21 – Where do firearms fall into an estate plan? How should it be included?

5:26 – Joseph recommends using this specific language as a “plan B” if a firearm can’t transfer as planned.

6:38 – What is a gun trust? What is the problem with gun trusts in California?

8:51 – So, what happens to firearms after someone passes away?

10:25 – As soon as you recognize a firearm is included in an estate, you should first do this before proceeding.

11:51 – How should one go about securing a firearm? NOTE: You CANNOT learn this on the Internet!

12:34 – Joseph discusses the importance of cataloging the firearms that are part of the estate.

13:57 – It’s important to recognize the places you cannot have firearms stored.

14:40 – Is a preowned gun worth less than a new one?

17:12 – What four things do you have to do to get rid of an assault weapon when someone passes away?

20:26 – These documents from the Bureau of Firearms will aid you in transferring firearms, other than assault weapons.

20:40 – What happens if you find evidence of firearms but you cannot locate them?

24:20 – How do you properly transfer firearms to another person?

26:30 – How do you transfer firearms specifically to the immediate family that has a right to own them?

29:04 – So, what happens to the gun after transfer?

Episode #031 Freebie:

Are you an executor of an estate that includes a firearm? While they do require special consideration, it is possible to safely and legally transfer possession. Normally the transfer of gun ownership is handled by a Federal Firearm Licensed (FFL) dealer. The gun is held by the dealer during the mandatory 10-day waiting period and the parties are required to complete a Dealer’s Record of Sale (DROS). That initiates a background check with the state Department of Justice. In addition, gun purchasers are required to secure a Firearm Safety Certificate before taking possession of the gun. However, those rules do not apply to the transfer of a firearm by gift, bequest, intestate succession, or other means if specific requirements are met. Click here to download your FREE copy of Stick to Your Guns: How to Handle Firearms in an Estate checklist to understand what these requirements are and to help get the process started. If you’re new or inexperienced with handling firearms, then you’ll definitely want to have this resource on hand.

Resources/Tools/Links Mentioned in This Episode:

CA Department of Justice: https://oag.ca.gov/firearms

The Following Forms Mentioned in This Episode Can Be Found Here: https://oag.ca.gov/firearms/forms

Bureau of Firearms Form 53 – Automated Firearms Request Form
Bureau of Firearms Form 4546 – Notice of No longer in Possession
Bureau of Firearms Form 116 – Personal Firearms Eligibility Form
Bureau of Firearms Form 4544A – Interfamilial Transfer Form

Firearms Safety Certificate Program FAQs: https://oag.ca.gov/firearms/fscpfaqs

Blog Post: https://absolutetrustcounsel.com/california-regulates-the-inheritance-of-guns/

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Aging is a natural part of life, and it is one that certainly deserves respect. All of our elders should be able to thrive throughout their later years. There is no one who believes in this philosophy more than our latest Absolute Trust Talk guest, Nicole Howell.

Nicole is executive director of Ombudsman Services of Contra Costa and Solano Counties and is responsible for ensuring that the 13,000 residents of long-term care in her community have access to the highest level of care and respect, and above all, can live free of abuse and neglect. She joins us in the studio to talk about how the Ombudsman Program came to be and the work that they do to connect with older adults and help them live their best lives.

“Ombudsman,” pronounced “om-buds-man,” means an advocate, a person who investigates an individual’s complaints and ultimately helps settle them. If you or a loved one is struggling to stay connected with the opportunities or activities available or is dealing with neglect and abuse, then this is an episode you will want to tune in to.

Big Three from Episode #030:

Aging is a normal and natural yet distinct phase of life.
It’s okay to be planning for our own aging process and to be mindful of who we are as people and what we are hoping for the future, and that we might not be as we once were.
Bottom line: Make the appropriate plans so your life can be as comfortable as possible when the time comes for the end.

Time-Stamped Show Notes:

3:54 – How do ombudsman services fit into the long-term care landscape?

6:12 – Other than providing ombudsman services, what does Nicole’s organization do?

12:19 – What exactly does “ombudsman” mean?

15:09 – How does Ombudsman get involved in a concern?

19:00 – Nicole discusses what happens when it’s time for a solution to be presented.

20:52 – What happens when a facility is resistant to a particular solution?

25:37 – Nicole shares some of the most common concerns her team works with.

32:40 – Are ombudsman services available across the country?

35:04– Nicole shares her thoughts on the governor of California’s Master Plan on Aging.

Resources/Tools/Links Mentioned in This Episode:

www.CCOmbudsman.org

Master Plan on Aging

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Join us for an encore edition of Absolute Trust Talk Episode #029 featuring Dori Sproul of the Alzheimer's Association of Northern California. Dori is a featured speaker at our upcoming Elder Advocacy & Law Boot Camp on September 18, 2019. She will be discussing effective communication strategies for those who suffer from dementia. Over 5 million people all across our country have Alzheimer’s. The scary part is that many people don’t quite understand the disease and confuse it with other health issues or even normal signs of aging. Kirsten and guest Dori Sproul, family care specialist with the Alzheimer’s Association of Northern California, team up to discuss the disease and to educate listeners on a multitude of topics about this life-changing condition. Kirsten and Dori begin their discussion defining exactly what Alzheimer’s is and what it does to the body. Dori then goes on to share the importance of her organization and details how the Alzheimer’s Association helps families and individuals impacted by the illness. Dori highlights vital warning signs, how a patient is diagnosed, the advantages of being diagnosed early, and how crucial it is to plan ahead financially if at all possible. One in three seniors who die each year has Alzheimer’s or another dementia. It is the fourth leading cause of death in the state of California alone. Alzheimer’s is a rapidly growing national health crisis, and the more we all understand, the better. We recommend listening and sharing this episode, because one way or another, this disease touches us all.

Big Three From Episode #029:

If possible (with early diagnosis), plan ahead with your family.
If you notice warning signs, talk to a physician.
If you are a caregiver, you are not alone!

FOCUS Your Business and Continue to Provide Innovative Solutions For Critical Elder Care Issues.

We’re thrilled to announce to you that we’re bringing a unique educational event to our community this fall called, Elder Advocacy & Law Boot Camp!

Our goal is to build Contra Costa’s most important annual gathering of long-term caregivers, geriatric case managers, social workers, and nursing home administrators to learn about effective tools and resources for urgent matters facing our elders.

This is a one-day educational experience aimed at strengthening your elder care solutions. For more information or to take advantage of our early bird pricing click here. We can’t wait to see you there!

Time-Stamped Show Notes:

2:15 – Over 5 million people all across our country have Alzheimer’s. Dori explains what Alzheimer’s is and what it does to the body, and identifies the ways in which Alzheimer’s differs from other dementias.

5:59 – Dori discusses what her organization does and how it helps those who have Alzheimer’s and their families.

11:15 – Dori describes the warning signs of Alzheimer’s and explains how these differ from normal signs of aging.

22:30 – Dori and Kirsten discuss how Alzheimer’s is diagnosed in a patient.

27:35 – Dori identifies the advantages of getting a firm Alzheimer’s diagnosis and early detection.

30:08 – Dori explains what a mild cognitive impairment diagnosis looks like.

36:30 – Kirsten and Dori discuss the importance of planning ahead financially if possible.

39:55 – Dori describes what families experience when they get in touch with the Alzheimer’s Association.

48:00 – Dori discusses other community resources available to seniors in need.

Episode #029 Freebie: Know the 10 Signs

As mentioned in this episode, signs, and symptoms of Alzheimer’s can be confused with normal signs of aging. Regardless, it’s a growing epidemic, and it’s important to be able to understand and recognize key warning signs of the disease. Absolute Trust Talk guest Dori Sproul works hard to educate clients, the community, and all who contact her through the Alzheimer’s Association on tips, tools, strategies, resources, and all aspects of this illness. Today, she is sharing an exclusive tool with listeners called “Know the 10 Signs – Because Early Detection Matters” — a detailed checklist to help you identify the early signs of Alzheimer’s. Click here to download your checklist now!

Resources/Tools/Links Mentioned in This Episode:

TrialMatch – website tool to match with clinical trial

1.800.272.3900 – Alzheimer’s Association Help, Crisis, and Resource Line to address questions or concerns 24 hours a day

ALZ.org – educational content, tools, and resources

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Join us for an encore edition of Absolute Trust Talk Episode #028 featuring elder care expert Francesca Vogel of Home Care Assistance. Home Care Assistance and Francesca will be joining us as platinum sponsors of our Elder Advocacy & Law Boot Camp on September 18, 2019. In episode 28 of Absolute Trust Talk, Kirsten welcomes Francesca Vogel, home care liaison for Home Care Assistance, to the show. Francesca works with seniors and their families to help navigate their specific care needs. Francesca is such a valuable asset in her field, not only because of her 24 years of health care experience but her vast knowledge base and her endless network of connections across the state of California and beyond.

Discussing home care and even potential end-of-life care is not an easy subject for people, but it’s something that every family should talk about, so they know and understand their options. Kirsten and Francesca dive into what services a home care assistant provides, who looks for home care, the questions to ask when looking for the right caregiver, the differences between home care and hospice, and why it’s not recommended to hire just a friend or neighbor. Whether you are in the middle of working these issues out with the seniors in your life or are only in the planning stages, this is an episode not to be missed.

Top Three From Episode #028:

Ask questions
Use your resources – Google and Yelp reviews, professionals like bankers and attorneys
Remember you are never alone

FOCUS Your Business and Continue to Provide *Innovative Solutions For Critical Elder Care Issues.*

We're thrilled to announce to you that we’re bringing a unique educational event to our community this fall called, Elder Advocacy & Law Boot Camp! Our goal is to build Contra Costa’s most important annual gathering of long-term caregivers, geriatric case managers, social workers, and *nursing home administrators to learn about effective tools and resources for urgent matters facing our elders. This is a one-day *educational experience aimed at strengthening your elder care solutions. For more information or to take advantage of our early bird pricing click here. Time-stamped Show Notes:

3:24 – What’s happening in someone’s life when they should be thinking about home care?

6:07 – What kinds of services are a professional caregiver hired for?

9:28 – Francesca defines the difference between hospice and home care.

12:10 – Kirsten asks Francesca to discuss who works for and with Home Care Assistance.

20:14 – What do people need to be thinking about when looking for home care assistance?

22:05 – What kind of questions should potential clients ask about how a client care manager works?

23:12 – Why someone should not just hire a friend or neighbor to give home care assistance.

28:55 – When you need to hire home care, do you sign a contract?

35:50 – What do you do when an elderly client is against care?

Episode #028 Freebie:

“We all lose our keys and forget where we put our reading glasses as we get older. It’s normal.”

In this episode of Absolute Trust Talk, home care expert Francesca Vogel highlights how vital it is to educate seniors and their families on their care options and to provide tools to help them age as happily, healthily and comfortably as possible. Family members will see their elder loved ones start to lose their memories and automatically think the worst, but that’s not always the case. As discussed in today’s episode, Francesca is sharing a guide with listeners called How to Spot the Early Signs of Alzheimer’s. It goes through the various things you might be seeing in your loved one and offers a step-by-step guide to help notice the first signs of Alzheimer’s or determine if there might be something else going on. Click here to download your copy now!

Resources/Tools/Links Mentioned in This Episode:

Book Series by Home Care Assistance Founder

Mind Over Gray Matter – Mentioned

https://homecareassistance.com

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Are you worried that you will end up spending all of your savings on nursing home care? Yes, nursing home care does cost A LOT of money. And a high number of us will eventually be in a nursing home at some point. But it is possible, with proper planning, to become eligible for Medi-Cal if you are not already.

In this episode, we will discuss long-term care for disabled people over 65. We will break down what Medi-Cal is and how it differs from Medicare. We will also talk about how to become eligible and dispel some common myths and misconceptions regarding how Medi-Cal works.

Big Three from Episode #027:

Medi-Cal and Medicare are not the same things
A lot of times, people are already eligible
It’s important to see what your options are in terms of long-term care insurance

Time-stamped Show Notes:

1:55–What is Medi-Cal?

2:58–This is the difference between Medicare and Medi-Cal

6:56–Here’s how you become eligible for Medi-Cal

8:34–What assets can you have to qualify for Medi-Cal?

13:21–Kirsten highlights a common misconception on exempt assets

16:35–What should you do if you have too much income?

Episode #027 Freebie:

Wonder what type of assets you’re allowed to have to be eligible for Medi-Cal? Click here to download our FREE resource, Medi-Cal Resource Limits for Nursing Home Care–it lists all the exempt assets you can have.

Resources/Tools/Links Mentioned in This Episode:

Helping You With Effective Medi-Cal Planning Strategies

More on Medi-Cal Eligibility Planning

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Are you struggling with your aging or taking care of an older loved one? Aging can be overwhelming, but you and your loved ones don’t have to stop living life to the fullest, just because getting older throws you a curveball or presents challenges. If you have the right guidance, direction, navigation, and sound advice from the get-go, you, your family, and your loved ones don’t have to suffer.

In today’s episode, Kirsten welcomes Licensed Family Therapist, certified Professional Care Manager, and founder of Eldercare Services, Linda Fodrini-Johnson, to the show. Linda has become a pioneer in geriatric care management, not just in the greater Bay Area, but across the country, with her firm becoming one of the largest care management and home care agencies, which is now celebrating 30 years of practice.

Kirsten and Linda will explore what geriatric care is, the available resources, and how you and your family can formulate a plan to move forward with long-term care, no matter what stage of planning you and your loved ones are in. Are you ready to continue living a comfortable, fulfilling life? Or, help a loved one who deserves to? Then it’s time to press play and listen in!

Highlights from Episode #026:

Life doesn’t have to end. You can bring joy to your life and continue to live a FULL life if you have good direction and navigation.
Don’t be penny-wise and pound-foolish.
Get good advice in the beginning.

Time-stamped Show Notes:

3:06 – Linda shares what geriatric care is and the other resources that her company, Eldercare Services, provides.

4:55 – Kirsten asks her to share how she got into eldercare.

6:24 – Linda highlights what an aging lifecare associate is.

11:21 – What are standard areas of knowledge that an individual needs to have, to be in this type of profession?

14:45 – Linda shares what families need to think about when it comes to quality of life for an aging parent.

19:07 – What are some transitions that families have to plan for with long-term care?

27:40 – What happens when a parent transitions into a child’s home?

35:04 – Linda and Kirsten discuss the importance of a trial run.

39:00 – How eldercare services can help a family save money

Episode #026 Freebie: Mom is Moving In – The Rewards, Concerns and Realities

It’s great that you have the opportunity to take care of a family member or loved one, and it may seem like the best option at the moment, but when it comes down to it, have you stopped to think about how it will impact daily living? Today’s guest, and geriatric care expert, Linda Fodrini-Johnson, is sharing with listeners her checklist resource, “Mom Is Moving In – The Rewards, Concerns, and Realities.” This is a valuable tool in helping you to think about and explore important aspects of having a loved one move in. Click here to download your copy.

Resources/Tools/Links Mentioned in This Episode:

Eldercare Services

1808 Tice Valley Blvd

Walnut Creek, CA 94595

info@EldercareAnswers.com

(866) 587-4930

https://eldercareanswers.com

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Absolute Trust Talk Host Kirsten Howe brings you a powerful new episode featuring Michael Crvarich, Vice President of Legacy Giving at the John Muir Health Foundation. Michael started his career as a public accountant specializing in high-end financial and estate tax planning at international accounting firms such as Ernst & Young and Arthur Anderson. After eight years he found a new opportunity in the Office of Gift Planning at the University of Washington. Over the last eighteen years, Michael has worked with individuals and families at the University of Washington, University of California, Irvine, and the John Muir Health Foundation to help implement a values-based approach to philanthropy known as Legacy Planning.

Legacy Planning is a donor-centered approach that recognizes that philanthropic decisions are connected to an individual’s core value system and seeks to integrate the intellectual, emotional, spiritual and physical dimensions of a person with an organization’s core social mission. In this episode, Kirsten and Michael dive into the details behind this gift planning approach, how the landscape has shifted with recent changes in law, and how families can successfully go about becoming involved in charitable giving.

Highlights from Episode #025:

What is your WHY behind your donation? Share it with your family members – it gives them opportunities to share your values and what’s important to you. It can provide a sense of pride and inspiration to others who hear your story and your WHY.
Don’t be afraid to ask the charities you support to help you with the process of sharing their history and your reason for supporting them.

Time-stamped Show Notes:

3:28 – Michael highlights the mission of the John Muir Health Foundation

6:37 – Kirsten and Michael discuss how the changes in tax law have had an impact on charity

10:30 – Michael shares what he has seen because of the changes in tax law

17:55 – What is the John Muir Health strategy on growth?

19:09 – Michael shares some of the growth accomplishments built out of the successful partnerships of the John Muir Health Foundation

21:49 – Michael discusses vehicles in which families can get involved in charitable giving

Episode #025 Freebie:

Don’t miss out on the chance to plan, build, and share your legacy planning story. Along with this episode, legacy planning expert and guest Michael Crvarich is offering exclusive access to a few valuable planning tools:

A Workbook on creating a family mission statement – This resource allows you and your family to go through the process of identifying shared vision, values, goals, and purposes. It will then guide you in crafting your mission statement, tagline, or phrase for your family.
A variety of E-Booklets that explore the different ways of giving under the new tax law.
Visit givehealthjmh.org/Legacy for a look at these and other informative tools.
1-hour consultation – For anyone interested in exploring values-based philanthropy and giving, or to discuss philanthropy in general. Call John Muir Health Foundation at 925-947-4449 or email Michael.Crvarich@givehealthjmh.org and mention the Absolute Trust Talk podcast.

Resources/Tools/Links Mentioned in This Episode:

John Muir Health Foundation

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In a new episode of Absolute Trust Talk, guest, Konstantine “Kosta” Demiris, joins Kirsten to discuss all things conservatorship. Kosta has a wealth of experience in all aspects of litigation. He has tried hundreds of cases involving trust, estate, probate, conservatorship, guardianship, elder abuse and fraud, real property and HOAs, family law, dependency, criminal law, and unlawful detainer matters.

An experienced practitioner in conservatorship law, Kosta discusses with Kirsten why clients enter into these types of proceedings and why they can be useful in protecting a loved one. They then turn the tables and explain why one should do their homework before pursuing a conservatorship, how they can go wrong, and why one should first try to look for other possible avenues outside of these types of proceedings.

Big Three From Episode #024:

Do your homework before you decide to go forward
Tread as carefully and lightly as possible
Be aware of how serious the proceedings are

Time-stamped Show Notes:

3:43 – Kosta defines a conservatorship

7:30 – Kirsten and Kosta discuss the difficulties of a conservatorship

9:34 – Kosta highlights the abuse of power of attorney

11:09 – How a conservatorship can help with abuse of a power of attorney

14:22 – Kosta discusses why a temporary conservatorship may be necessary

20:14 – Who can be a conservator?

21:07 – Kosta describes what it’s like to be in a conservatorship

27:08 – What happens when someone gets appointed to conservator?

33:32 – Kosta discusses what a bond is and when it’s used in a conservatorship

38:20 – Kosta talks about how long a conservatorship can last

39:37 – Is it important to have an attorney when in a conservatorship?

44:36 – Kosta shares examples of why/how conservatorships are difficult and can go wrong

For more information on Kosta and his firm, please visit http://demirismoore.com/blog/or contact Kosta by visiting http://demirismoore.com/contact/.

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Over 5 million people all across our country have Alzheimer’s. The scary part is that many people don’t quite understand the disease and confuse it with other health issues or even normal signs of aging. Kirsten and guest Dori Sproul, family care specialist with the Alzheimer’s Association of Northern California, team up to discuss the disease and to educate listeners on a multitude of topics about this life-changing condition.

Kirsten and Dori begin their discussion defining exactly what Alzheimer’s is and what it does to the body. Dori then goes on to share the importance of her organization and details how the Alzheimer’s Association helps families and individuals impacted by the illness. Dori highlights vital warning signs, how a patient is diagnosed, the advantages of being diagnosed early, and how crucial it is to plan ahead financially if at all possible. One in three seniors who die each year has Alzheimer’s or another dementia. It is the third leading cause of death in the state of California alone. Alzheimer’s is a rapidly growing national health crisis, and the more we all understand, the better. We recommend listening and sharing this episode, because one way or another, this disease touches us all.

Big Three From Episode #023:

If possible (with early diagnosis), plan ahead with your family.
If you notice warning signs, talk to a physician.
If you are a caregiver, you are not alone!

Time-Stamped Show Notes:

5:59 – Dori discusses what her organization does and how it helps those who have Alzheimer’s and their families.

11:15 – Dori describes the warning signs of Alzheimer’s and explain how these differ from normal signs of aging.

22:30 – Dori and Kirsten discuss how Alzheimer’s is diagnosed in a patient.

27:35 – Dori identifies the advantages of getting a firm Alzheimer’s diagnosis and of early detection.

30:08 – Dori explains what a mild cognitive impairment diagnosis looks like.

36:30 – Kirsten and Dori discuss the importance of planning ahead financially if possible.

39:55 – Dori describes what families experience when they get in touch with the Alzheimer’s Association.

48:00 – Dori discusses other community resources available to seniors in need.

Episode #023 Freebie: Know the 10 Signs

As mentioned in this episode, signs and symptoms of Alzheimer’s can be confused with normal signs of aging. Regardless, it’s a growing epidemic, and it’s important to be able to understand and recognize key warning signs of the disease. Absolute Trust Talk guest Dori Sproul works hard to educate clients, the community, and all who contact her through the Alzheimer’s Association on tips, tools, strategies, resources, and all aspects of this illness. Today, she is sharing an exclusive tool with listeners called “Know the 10 Signs - Because Early Detection Matters” — a detailed checklist to help you identify the early signs of Alzheimer’s. Click here to download your checklist now!

Resources/Tools/Links Mentioned in This Episode:

TrialMatch – website tool to match with clinical trial

1.800.272.3900 – Alzheimer’s Association Help, Crisis, and Resource Line to address questions or concerns 24 hours a day

ALZ.org – educational content, tools, and resources

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When a family is grieving the loss of a loved one or an older couple is ready to move on to the next chapter in their lives by downsizing their lot, it can be overwhelming. Where do you start when you have a whole lifetime of stuff?

Professional estate organizer Meg Connell joins Absolute Trust Talk host Kirsten Howe in the studio for an all-new episode to discuss the estate organizing process. With over 20 years of organizing experience, eight years of experience at a Fortune 500 consulting firm, and a degree in interior design and architecture, Meg, along with her team at TheOrganizedOne, brings unique qualifications to the estate distribution process. In this episode, Meg shares what it is that an estate organizer does, the steps that her team goes through, and how she determines what distribution process might be necessary for one family versus another. Meg also discusses how she works with other professionals and outside resources to help fully manage the tangible property items of an estate.

Top Takeaways Episode #022:

Plan ahead! Don’t leave your family with a mess.
It’s only stuff.

Time-stamped Show Notes:

3:07 – What is an estate organizer?

9:40 – Is there a demand for an estate organizer when the children or heirs are living far away?

13:26 – What is the process an estate organizer goes through when the occupant has passed?

17:40 – Meg describes how an estate organizer bills for the work done.

18:29 – Kirsten and Meg discuss how to determine whether an estate sale is necessary and what the alternatives are.

24:43 – Where do you start when you walk into a home, and it’s packed to the gills with stuff or a hoarding situation?

29:40 – Meg shares some of the most interesting things she has found in a home.

34:45 – Why it’s important to have a plan for personal property

40:01 – How long does an estate organization project take?

Episode #022 Freebie:

Getting estate affairs in order is no easy task, regardless of whether the person is still alive or not. Absolute Trust Talk guest and estate organizing professional Meg Connell is sharing a resource guide exclusively for listeners. This resource guide lists places that can help you with your estate planning and estate organizing – even your estate clean outs. If you don’t know who to talk to or how to get started, this tool is for you and your family. Click here to download your copy now!

Resources/Tools/Links Mentioned in This Episode:

The White Elephant Sale – Oakland Museum

East Bay Depot

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Did you know it’s possible to make a loan to an irrevocable trust? Many people don’t know it is, and even though conventional lending firms might say they do it, they don’t truly understand and often force the borrower to take the loan out of the trust – negating the benefit. Jim O’Dea, a broker associate with Redwood Mortgage, a private money lender, has been with Redwood for over 14 years and has over 40 years of commercial real estate experience. Jim has made the irrevocable trust loan transaction a niche of sorts and, at Redwood alone, has originated and closed over $150 million in loans.

In today’s episode, Kirsten and Jim discuss why making loans to irrevocable trusts is such a difficult transaction, why it happens in the first place, how it is completed and why it is such a tremendous opportunity for families to take advantage of. This is an educational episode of Absolute Trust Talk not to be missed.

Top Takeaway From Episode #021:

This type of loan transaction is a benefit, an opportunity, and an educational experience for many families, and many people don’t know that it’s out there as an option.

Time-stamped Show Notes:

3:11 – Jim discusses why making loans to irrevocable trusts is such a difficult transaction

7:06 – Jim talks about a typical scenario in which clients are referred to him and his business

13:28 – Kirsten asks Jim to give an example of how the loan amount is calculated

24:21 – Kirsten asks Jim to share an example of tax benefits to the family doing the loan to an irrevocable trust

25:38 – Jim shares how he got into this specific loan business

28:40 – Why families often miss this loan opportunity

31:28 – Are there other opportunities to make loans to irrevocable trusts?

33:35 – Could this type of loan transaction take place if there is another type of property, other than the family home?

Episode #021 Freebie: Excel Spreadsheet – Deriving Loan Amounts on Irrevocable Trusts

Didn’t know that making loans to an irrevocable trust was possible, but it is. Absolute Trust Talk guest Jim O’Dea has helped many clients make this difficult loan transaction possible, and he’s ready to help get you started too. Jim has developed a special Excel spreadsheet that lends a hand in determining the potential loan on an irrevocable trust loan. In addition, it serves as a handy checklist, taking into account the many variables that could impact the loan amount. Click here to download your copy of this specially developed spreadsheet.

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The thoughts around becoming a naturalized citizen can be, well, daunting. Many wonder if it’s worth the time and effort. Absolute Trust Talk guest and immigration law expert Nadia Yakoob encourages all clients, and those wondering about the process, to take the time and make an effort because the benefits far outweigh taking no action at all.

Nadia has been practicing immigration law for 18 years. She immigrated to the United States at the age of ten with her family after living in Singapore, Malaysia, the UK, and France. Her personal experiences have shaped her approach to her work and her clients. Nadia joins Kirsten in the studio for a new episode of Absolute Trust Talk to discuss everything about becoming a naturalized citizen: the requirements, the length of the process, details about filing, what the interview is like, even if it’s possible to have dual citizenship. An interesting and informational episode you don’t want to miss.

Top Takeaway from Episode #020:

It may seem like a lot of work, but it’s not as difficult as you may think.
The benefits are more than worth it.

Time-Stamped Show Notes:

2:56 – Nadia discusses the advantages of becoming a naturalized citizen

6:15 – Are there disadvantages to going through the naturalization process?

7:58 – Nadia shares the four requirements necessary to become a naturalized citizen

16:25 – Nadia discusses how she helps her clients through the process

20:02 – What does the naturalization interview process look like?

24:25 – This is how much it costs to file for naturalization.

25:29 – Kirsten asks Nadia to share how long the whole process takes

27:38 – Kirsten discusses the importance of naturalization and estate planning

Episode #020 Freebie:

How do you become a naturalized citizen? What are the requirements? What documents do you need? What does the process look like?

There are many advantages for a foreign national to acquire U.S. citizenship through naturalization. While the process might seem daunting – it does require some paperwork, time, and diligence – it’s not as overwhelming as many believe. Immigration law expert Nadia Yakoob is sharing with listeners a unique tool that discusses the benefits of acquiring U.S. citizenship, what the requirements are, what documents are necessary, plus a checklist to ensure you have all the information needed.

Click here to access your free copy!

Resources/Tools/Links Mentioned In This Episode:

USCIS Interview Test Information

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In episode 19 of Absolute Trust Talk, Kirsten welcomes Francesca Vogel, home care liaison for Home Care Assistance, to the show. Francesca works with seniors and their families to help navigate their specific care needs. Francesca is such a valuable asset in her field, not only because of her 24 years of health care experience but her vast knowledge base and her endless network of connections across the state of California and beyond.

Discussing home care and even potential end-of-life care is not an easy subject for people, but it’s something that every family should talk about so they know and understand their options. Kirsten and Francesca dive into what services a home care assistant provides, who looks for home care, the questions to ask when looking for the right caregiver, the differences between home care and hospice, and why it’s not recommended to hire just a friend or neighbor. Whether you are in the middle of working these issues out with the seniors in your life or are only in the planning stages, this is an episode not to be missed.

Top Three From Episode #019:

Ask questions
Use your resources – Google and Yelp reviews, professionals like bankers and attorneys
Remember you are never alone