Sinopsis
Educating at every step. Absolute Trust Talk is not your run of the mill general counsel show filled with legal jargon that doesnt resonate. Through her 20+ years of practice, Absolute Trust Counsel managing attorney Kirsten Howe found herself working with clients who were confused and overwhelmed by the complexity of estate planning and saw a need to help clients with education and specific client-centered estate planning services. Now Kirsten is taking her expertise and experience to a new level; she is on a mission to bring a thought-provoking and approachable, friendly voice not only to estate planning, but to a wide variety of business and financial wellness topics. Through a series of podcasts, Kirsten will connect with like-minded business professionals and work to coach and encourage listeners to make educated and informed planning decisions. Preparing for the future doesnt have to be stressful or hard, but it does have to be smart.
Episodios
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141: Managing Real Estate Assets as a Trustee
24/07/2024 Duración: 19minManaging 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 l
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140: Navigating Trust Complexities: The Family Home Dilemma
18/07/2024 Duración: 14minTo 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.
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139: Optimizing Your Portfolio with Alternative Investments
11/07/2024 Duración: 21minWe’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
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138: Beyond Profits: Tackling Key Issues for Business Longevity
02/07/2024 Duración: 19minIn 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 recommenda
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137: Maximize Your Wealth: Expert Financial Strategies for Business Owners
25/06/2024 Duración: 16minAre 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 adv
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136: Guardianship Explained: Essential Insights for Effective Estate Planning
05/06/2024 Duración: 35minHave 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
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135: Character Matters Part 2: Estate Planning for Community Property vs. Separate Property
28/05/2024 Duración: 11minIf 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 si
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134: Character Matters Part 1: Understanding Community Property in Divorce and Estate Planning
21/05/2024 Duración: 11minDid 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
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133: From Wheels to Waves: How to Fund Your Trust with Cars, Boats, or Mobile Home Assets
14/05/2024 Duración: 11minWhen 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 answ
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132: Trust Funding in a Digital World: Safeguarding Virtual Wealth
07/05/2024 Duración: 10minOne 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, an
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131: Drafting a Comprehensive Power of Attorney: What You Don't Know CAN Hurt You
30/04/2024 Duración: 12minTypically, 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
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130: Exploring the OJ Simpson Estate: Probate and Creditor Claims
23/04/2024 Duración: 11minYou 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 discu
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129: Estate Planning Strategies to Reduce Family Conflict After Death
16/04/2024 Duración: 09minFamily 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
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128: Revocable or Irrevocable Trust: Which is Right for Me?
08/04/2024 Duración: 07minWhen 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 cha
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127: Understanding Multigenerational Estate Planning Part 2
01/04/2024 Duración: 13minWelcome 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 episod
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126: Understanding Multigenerational Estate Planning Part 1
25/03/2024 Duración: 26minThe 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
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125: Cher Files for Conservatorship of Son Elijah Blue Allman Over Alleged Substance Abuse
12/03/2024 Duración: 07minRecently, 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 t
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124: Beach Boys Founder Brian Wilson Suffering from Dementia as Reps Seek Conservatorship
05/03/2024 Duración: 08minWhen 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 proces
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122: The Costly Truth of Ignoring Estate Planning Like Jay Leno
21/02/2024 Duración: 09minYou 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 T
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123: Why Can't I Change My Trust After My Spouse Passes Away?
21/02/2024 Duración: 24minAt 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 yo