Absolute Trust Talk

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!

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.

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.

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.

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.

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.

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.

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.

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.

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 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?

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.

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.

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.

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.

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!

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!

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.

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!

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.

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!

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.

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.

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.

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.

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.

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.

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.

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.

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. 

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. 

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!

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.

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!

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.”

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!

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.

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:

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!

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:

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.

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:

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!

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,

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!

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.

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:

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.

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:

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!

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:

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.

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:

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.

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 Education for All Handicapped Children Act, which became 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:

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.

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:

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.

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:

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.

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:

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.

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: 

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:

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.

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:

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.

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:

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.

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:

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.

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:

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.

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:

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.

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:

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.

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:

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.

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:

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.

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:

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.

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:

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.

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:

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.

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:

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!

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:

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.

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: 

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. 

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:

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!

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:

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.

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:

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.

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 client’s 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 families 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:  

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:

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.

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:

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.

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:

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.

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:

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.

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:

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.

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.

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.

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:

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.

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:

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.

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:

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!

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:

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.

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:

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.

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. 

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.

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!

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!

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.

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!

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:

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.

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:

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.

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

[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.

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?

[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.

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!

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.

[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.

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?

[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.

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

[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.

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?

[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.

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.

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.

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

[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.