Absolute Trust Talk

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 Intro

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 pers

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

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:   1.     Have I done everything necessary concerning income taxes? 2.     Is there a supplemental property tax bill coming? 3.     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.

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 leg

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 r

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 s

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 fo

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 die

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

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

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 hig

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 effectivel

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.

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 associates Ariana Flynn and Jessica Colbert break down the complexities of this process into simple, actionable steps. They explain why placing accounts in a trust is the ideal solution, debunk the dangers of DIY estate planning through joint accounts, and guide you through the specific legal requirements for accessing different types of accounts. Plus, they clarify 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 dealing with a trust-held account, joint account, POD account, or 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 01:46 Best practices: Why placing accounts in a revocable trust is the id

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

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 assess

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 me

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 considerati

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