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Absolute Trust Talk

Kirsten Howe: Attorney and podcaster

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Absolute Trust Talk is your navigational compass that brings together the business of trusts, estate planning, and aging – your homebase to find the knowledge you’re seeking on what lies ahead. With over 30 years of experience combined, the Absolute Trust Counsel team has seen their 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 the vast team expertise and experience to ...
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Family conflict after a loved one has passed is very common, but that doesn’t mean it can’t be avoided. In our years of experience in estate planning, we’ve seen many different scenarios play out and have a thorough understanding of the nuances that tend to cause these conflicts. The number one reason for disputes over a trust lies in the feeling t…
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When we first begin working with a client who is setting up their estate plan and, more specifically, building a trust, the number one question we always get is whether they need a revocable or an irrevocable trust. For us, this is always an interesting and fun conversation because as soon as the client hears the difference, they immediately know w…
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Welcome back! In our last episode of Absolute Trust Talk, we were joined by expert psychotherapist and certified coach Tess Brigham, MFT, BCC, to discuss the differences between generations and, more specifically, examine the unique dynamics between Baby Boomer parents and Millennial children. In this episode, we continue our conversation with Tess…
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The battle between the generations is real and seems to be everywhere. Yes, generational divides even play a role in estate planning. In fact, estate plans nowadays are built around more diverse and multigenerational families than ever before. In this new episode of Absolute Trust Talk, we are joined by psychotherapist and certified coach Tess Brig…
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Recently, the entertainment world has been abuzz with numerous high-profile conservatorship battles, and the latest to emerge involves iconic singer Cher. She has initiated a conservatorship petition concerning her son, Elijah Blue Allman, aiming to oversee the financial benefits he inherits from his father, the late Greg Allman's trust. Legal fili…
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When you think of the Beach Boys, what comes to mind? We’re betting it’s not a complicated conservatorship case. Unfortunately, that’s what’s happening with the Beach Boys Founder, Brian Wilson. Mr. Wilson’s long-time wife had been his healthcare directive, but with her recent passing, it was discovered that no one was ever named as a backup. Now, …
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You may have heard the recent news that Jay Leno filed a conservatorship over his wife, Mavis Leno’s estate. The couple does not have an estate plan, and his goal is to gain special permission from the court to set up a plan for both of them. As Kirsten and Madison point out, the main issue is not what happens if Mavis dies but instead if Jay were …
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At Absolute Trust Counsel, one of the pieces of advice we like to shout from the roof tops is that people need to keep their estate plans up to date! We constantly find people who fail to do so. In many cases, we can fix the challenges that arise, but sometimes, it may not be possible, and we must navigate a more difficult path. In this specific ep…
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If you’ve been following along with our show, you know that we can’t stress enough the importance of estate planning and setting up a trust to make things simple, cost-effective, and less time-consuming for your heirs. But even with the most comprehensive and well-thought-out estate plan, wrinkles can be thrown into the plan. It’s a lot of informat…
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Have you ever had a pesky neighbor encroaching on your land? Or perhaps they have decided to put a cell tower in that directly blocks the beautiful view that you bought your property for in the first place? Or maybe you’ve recently inherited the family home but share it with your siblings and cannot agree on what to do with it. How do you resolve t…
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If you’re someone who is serving in the role of trustee, executor, conservator, or guardian, acting as a personal representative for someone’s estate in California, did you know that the state has specific guidelines for probate accounting? According to section 16062, the California probate code requires representatives to provide an accounting at …
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You’ve probably heard stories of celebrities leaving their fortunes to their beloved pooches and thought, “How silly!” Sure, it’s unlikely that an animal needs millions of dollars - after all, what will they do with it? But if you’re a pet person, have you stopped to consider what will happen to your sidekick after you’re gone? People don’t think a…
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You may have heard that Senator Dianne Feinstein passed away on September 29, 2023, and there is pending litigation between the Senator and her deceased husband, Richard Blum, as well as some new litigation regarding her estate. Two petitions have been filed by the Senator’s daughter, Katherine Feinstein. The first petition concerns the joint revoc…
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You may have heard the sentiment that parenting is one of the most challenging yet most rewarding jobs there is. That is even more true when raising a child with special needs because they often come with unique challenges. It’s easy to quickly become overwhelmed mentally, emotionally, and even financially and physically at times. Your sense of nor…
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So many of our clients here at Absolute Trust Counsel struggle with dementia. In fact, it’s currently estimated that there will be 14 million people with dementia in the United States by 2060. That means there will be just as many, if not more, taking on the role of caregiver as well. Dementia patients and caretakers often suffer from isolation and…
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The population of those with developmental disabilities is growing larger, and many in this group will need support of some kind for the rest of their lives. In most cases, this support comes from their parents, and every one of those parents worries about what will happen when they’re no longer able to provide that support. A 20-year study by the …
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Actor and radio personality Casey Kasem occupied a singular place in American popular culture. As he counted down the hits for the week via his show, American Top 40, he was also doing something else that was decidedly more important — providing a sense of consistency that we could all rely on. World affairs might rattle us, and the financial marke…
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Education can open many doors in life, but if you’re the parent of a special needs child, it may seem like those doors are not only closed but padlocked, leaving you and you alone to chart the educational course for your special needs child. Nearly a half-century ago, the Education for All Handicapped Children Act, which became the Individuals with…
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In its 50+ years, the Special Olympics has served as a beacon of inclusion for aspiring athletes with disabilities. This now-worldwide institution started in 1968 in Chicago and was the brainchild of Eunice Kennedy Shriver — President John Kennedy’s sister. At that time, developmentally disabled children were often institutionalized and intentional…
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You’ll find no shortage of captivating stories in the realm of estate planning. Tales of barely legible handwritten notes found in obscure places that detail a decedent’s wish to bequeath their fortune to someone they had only just met. Or accounts of family members becoming estranged and a child or other loved one is left out of the estate, which …
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Being the parent of a special needs child is an exceedingly demanding role that comes with innumerable responsibilities geared toward helping that child navigate the world around them in the most enriching and gratifying way. The most important of these responsibilities is seeing that the child receives the best education possible, maximizing their…
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At first glance, non-fungible tokens, or NFTs, would seem to have little place in the world of fine art. After all, they’ve only been around for nine years, and during that time, they’ve developed a reputation as an abstract form of digital currency only fully understood by tech-savvy early adopters. The mere mention of NFTs raises a bit of skeptic…
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It’s a scenario you’d never want to imagine — let alone experience — but it happens more often than you’d think. After doing hours and hours of research, and asking all the right questions to a list of skilled nursing facility candidates for a loved one who needs long-term care, you decided on what you believe was the best option. Later on, you com…
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Whether you’ve experienced it yourself or have seen it happen to someone close to you, you’re likely to agree that there aren’t many life events that are more emotionally taxing than divorce. Two lives that have been bound together — by law and through shared experiences — are severed, and with that comes the necessities required to complete that b…
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Ever since the mid-’50s, when “That’s Alright Mama” hit the airwaves and marked his rise to stardom, Elvis Presley has been lauded as one of the most galvanizing figures in the history of popular music. He became a household name as quickly as anyone ever had in his pre-social media time and would go on to have an incredible 149 songs make the Bill…
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Ever open a closet drawer only to discover something from your past that’s long since been rendered obsolete? More often than not, this obsolescence comes by virtue of outdated technology — or, in the case of clothing, because of a shift in what’s considered fashionable. Think VHS players, a Sony Walkman . . . parachute pants. While you probably wo…
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California’s Proposition 19 was passed as a constitutional amendment about two years ago amid quite a bit of confusion. A large part of this stemmed from the misleading rationale that positioned it mainly as a means to extend a financial lifeline to Californians whose homes were destroyed by wildfire or other natural disasters. This paved the way f…
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For most of us — especially those nearing retirement age or are already there — our home is our most valuable asset, so it’s impossible not to focus on the many factors that affect its worth. While prices tend to go up over time, it’s short-term, as of late, that have caused some rather dramatic changes. When the pandemic hit, the primary residence…
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The quest to follow a client’s wishes will always top the list of priorities for any conscientious estate attorney — keeping all parties concerned out of court likely runs not far behind — and while there’s no failsafe way to ensure that priority #2 is 100% achieved, having an honest and open communication among family members about your estate pla…
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Since, for nearly everyone, a home mortgage represents the biggest — and most important — loan of all, rising interest rates have made home buying more of a challenge. But if you happen to be a prospective homeowner, that’s no reason to give up. The connection between the Fed raising interest rates and experiencing more pain in your wallet when you…
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Caring for someone with special needs is not only challenging but often isolating as well. The responsibilities that come with this role are emotionally heavy and offer no real “time off,” so caretakers spend a big part of their lives feeling overwhelmed by the pressures of their everyday lives. These responsibilities are usually for the long haul,…
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Considering what might potentially hang in the balance, logic would suggest that when it comes time to prepare an estate plan, nearly all of us would stick to a “just the facts” approach, steering clear of secondhand and ill-conceived advice from friends or flat-out inaccurate information that’s been handed down from generation to generation. But l…
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It’s hard to deny that we now live in a celebrity-centric society. At one time, programming like “Lifestyles of the Rich and Famous” seemed a novel concept. Now we’re bombarded almost daily with content chronicling the everyday activities of celebrities of all kinds — including stars with no real claim to fame other than having amassed a large foll…
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Planning for the time when you’ll no longer be around is a difficult topic for many of us to discuss. After all, who wants to be reminded of their own mortality? But, regardless of the discomfort, it’s a topic that needs to be addressed. Avoiding it can only bring confusion and hostility among your heirs, and the possibility that your hard-earned a…
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When planning for the ongoing needs of a special needs child or relative, there’s quite an array of considerations that have to be made — some foreseen, some not. It’s about far more than just paperwork — no two families are alike regarding their financial situation, the vision they hold for the future of their special needs child, or even the uniq…
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At Absolute Trust Counsel, we used to create this podcast just as a podcast. We would sit in a room with our headsets, microphones, and just record. Then when the pandemic hit, things changed, and we started live streaming so we could interact with our clients and audiences in a new and impactful way. As we think about how the pandemic changed our …
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Estate planning can be difficult for people to face, and unfortunately, it doesn’t get any easier when guardianship comes up. Many young families struggle with the decision-making around this – no one wants to think about what will happen to their children if they are no longer around. But as much as parents try to avoid it, it is one of the most c…
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Do you own an investment property? Are you thinking about selling it but are overwhelmed by the tax implications? Well, then, we’ve got good news and a great podcast episode for you that might just provide a solution that you may not have known was possible. Ever heard of a 1031 Exchange? (Okay, we’ll end the questions and just get to the good stuf…
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Imagine leaving the home you've lived in for 30, 40, or even 50 years and downsizing all of your belongings so you can move to a smaller space or assisted living. This can be a very sad and sentimental experience for many people. How do you sort through all of your belongings that you've collected over the years, picking and choosing what stays and…
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It goes without saying that trustworthiness is the number one trait you should think about when you choose a trustee for your estate plan. Is the person going to do the job? Are they going to do the job right? Are they going to put the needs of the trust, estate, and other beneficiaries first? We know it’s a lot to think about, and honestly, there …
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What would happen to your family if you or another primary income earner suddenly became disabled and couldn’t work for an extended period of time? What if they died and their income disappeared forever? Many families would have a hard time paying the mortgage, the property taxes, tuition, and many other expenses involved in a family’s daily life. …
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Though it might seem like you’ve got everything covered within your trust document, estate planning is not just about what happens after you die. Issues can also arise in the event that you become incapacitated. Over the years we have seen all sorts of problems because not enough attention was paid to incapacity planning. If the current plan you ha…
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Approaching the topic of driving with seniors can be one of the most challenging conversations that families face. If a senior has a medical condition, must take medications, or hasn’t driven much in the last few years, it can affect their ability to drive safely. And unfortunately, it’s often up to the family to address these concerns, but it can …
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Over the past few years, we’ve seen an influx of trust administration cases. And with nearly every trust and every client, there has unfortunately been some sort of planning failure. Some of them are small, easy fixes, while others are bigger challenges that cost more time and money. The worst part is that they could have been avoided if the right …
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Often, when an older adult modifies their estate plan, they are doing it of sound mind because of a change in their wishes. However, there are instances when an older adult makes the change because they are being pressured by someone who is taking advantage of their vulnerability and trust. Unfortunately, this happens more often than not. In the le…
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Did you know that as of July 1, 2022, there will be some significant changes in the eligibility rules for Medi-Cal? Medi-Cal is the California implementation of Medicaid and something that many people depend on. Unfortunately, if you need Medi-Cal help now, these changes won’t be rolled out in time. But if Medi-Cal is something you’re planning on d…
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Picture NBA player Brian Grant, known for his tenacity and fearlessness on the court. After pushing his body through conditioning, training, and contentious games, he learns he has Parkinson’s disease two years into retirement. Naturally, this came as an enormous shock. However, Parkinson’s is the fastest-growing neurological condition in the world…
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As we age, the goal for many of us is to stay in our homes for as long as possible. Sure, we might need some help down the road, but we’ll cross that bridge when we get to it, right? That sounds great in theory, but we don’t think about all the extra costs and the challenges we may face in obtaining home care. Often, calls are made to home care ser…
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Life is full of changes, and we all experience transitions that can impact our lives in significant ways, whether they are big, small, planned, or unplanned. As an older adult navigating a journey in aging, adjustments often bring on feelings of anxiety and stress, even if they are positive. Whether you’re retiring and slowing down, grieving the lo…
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If you take a look around the next time you’re out in public, chances are you will pass by at least a handful of people with their headphones in. And while there may be many catching up on their favorite podcast, there are just as many that are getting down or chilling out to their favorite tunes. It’s not hard to notice that music can indeed chang…
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