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Absolute Trust Talk

Absolute Trust Talk

Kirsten Howe: Attorney and podcaster

Absolute Trust Talk is your navigational compass that brings together the business of trusts, estate planning, and aging – your home base to find the knowledge you’re seeking on what lies ahead. With over 27 years of experience, Kirsten has seen her fair share of clients confused and overwhelmed with the complexity of estate planning and the challenges and obstacles that life can throw your way. On a mission to take her vast expertise and experience to a new level, Absolute Trust Talk host Kirsten Howe brings a thought-provoking, approachable, friendly voice to a wide variety of life and legacy planning topics. Through this series of podcasts, the Absolute Trust Talk team will connect with like-minded business professionals, industry leaders, and luminaries to spotlight how listeners can make educated and informed lifestyle and planning decisions. Living your best, quality life while preparing for the future doesn’t have to be stressful or hard, but it does have to be smart.

160 - 159: Trustees' Checklist: Essential Notices You Can't Afford to Miss
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  • 160 - 159: Trustees' Checklist: Essential Notices You Can't Afford to Miss

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

     

    Time-stamped Show Notes:

    0:00 Introduction

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

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

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

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

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

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

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

    Wed, 27 Nov 2024 - 08min
  • 159 - 158: Avoiding Trustee Liability: Critical Steps Before Distributing Assets

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

     

    1.     Have I done everything necessary concerning income taxes?

    2.     Is there a supplemental property tax bill coming?

    3.     Do I need to provide an accounting to the beneficiaries?

     

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

    Wed, 20 Nov 2024 - 10min
  • 158 - 157: Avoiding Probate Hassles: Understanding California's 2025 Law Change

    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!

    Tue, 12 Nov 2024 - 06min
  • 157 - 156: Probate Alternatives: Real Estate Affidavits and Succession Petitions Explained

    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.

    Wed, 06 Nov 2024 - 08min
  • 156 - 155: Spousal Property Petitions: An Easier Alternative to Probate

    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.

    Mon, 28 Oct 2024 - 07min
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