Generated by All in One SEO v5.0.0.1, this is an llms.txt file, used by LLMs to index the site. # Absolute Trust Counsel Estate Planning Walnut Creek ## Sitemaps - [XML Sitemap](https://absolutetrustcounsel.com/sitemap.xml): Contains all public & indexable URLs for this website. ## Posts - [Blog](https://absolutetrustcounsel.com/blog/) - [Why You Should Name a Retirement Trust as Beneficiary (For IRAs, 401(k)s and Other Tax-Deferred Retirement Accounts)](https://absolutetrustcounsel.com/why-you-should-name-a-retirement-trust-as-beneficiary-for-iras-401ks-and-other-tax-deferred-retirement-accounts/) - IRAs, 401(k)s and other tax-deferred retirement accounts allow your savings to grow tax-free until you retire. The year after you become age 70 ½, you must begin taking required minimum distributions from your retirement accounts, and you will pay ordinary income taxes on all distributions. The rest of the money that stays in your account - [078: Retirement and Renewal for Career Women](https://absolutetrustcounsel.com/078-retirement-and-renewal-for-career-women/) - 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 - [209: Aging in Place: How JoeyCo Matches Older Adults with Student Housemates](https://absolutetrustcounsel.com/14175-2/) - What if the answer to aging well at home isn’t an expensive caregiver — but a college student in the spare bedroom? In this episode, host Kirsten Howe sits down with Alison Donnally, founder of JoeyCo and a healthcare innovation veteran of Amazon Care and Kaiser Permanente. After three of her own family members experienced - [Proposition 19 Estate Planning in the Bay Area: Helping Families Protect What They've Built](https://absolutetrustcounsel.com/proposition-19-estate-planning-in-the-bay-area-helping-families-protect-what-theyve-built/) - Learn how Proposition 19 affects property taxes, parent-child transfers, and estate planning for Bay Area families—and how to protect your legacy. - [208: Downsizing on Your Terms, Part 2: Buy First, Sell Later](https://absolutetrustcounsel.com/208-downsizing-on-your-terms-part-2-buy-first-sell-later/) - In Part 1, host Kirsten Howe and real estate agent Nathan Jines of Jines Real Estate Group talked about why more people 55 and up are choosing to relocate — and how to make that choice on your own terms. Now, in Part 2, they get into the how. Nathan’s first piece of advice flips - [2026 California Estate Planning Updates](https://absolutetrustcounsel.com/2026-california-estate-planning-updates-walnut-creek-attorney/) - Learn about 2026 California estate planning updates, including Medi-Cal asset limits, probate changes, Prop 19, trusts, and long-term care planning from a Walnut Creek estate planning attorney. - [Five Estate Planning Conversations to Have This Summer — Before Q4 Gets Complicated](https://absolutetrustcounsel.com/five-estate-planning-conversations-to-have-this-summer-before-q4-gets-complicated/) - Five estate planning conversations Bay Area families should have this summer — before the Q4 rush. Plan now, be ready by the holidays. - [207: Downsizing on Your Terms: Moving After 55](https://absolutetrustcounsel.com/207-downsizing-on-your-terms-moving-after-55/) - When most of us picture an older adult moving out of a long-time home, we imagine a crisis — declining health, a loss of independence, a move someone else decided was necessary. This episode is about the opposite. Host Kirsten Howe welcomes back real estate agent Nathan Jines of Jines Real Estate Group to talk - [Probate in Contra Costa County: What Walnut Creek Families Need to Know in 2026](https://absolutetrustcounsel.com/probate-in-contra-costa-county-what-walnut-creek-families-need-to-know-in-2026/) - Probate in Contra Costa County: What Walnut Creek Families Need to Know in 2026 When a Walnut Creek family walks into my office after losing a loved one, probate is usually the word they're hoping not to hear. And I understand why. Probate has a reputation — and much of it is deserved. It can - [206: Estate Planning Misses: The Mess You Leave Behind](https://absolutetrustcounsel.com/206-estate-planning-misses-the-mess-you-leave-behind/) - In this episode of Absolute Trust Talk, managing attorney Kirsten Howe shares an estate planning miss that has nothing to do with your documents — the literal, physical mess we tend to leave behind. Drawing on years of trust administration experience, Kirsten explains what really happens when one child is named trustee and inherits the - [The 2026 Medi-Cal Reinstatement and Why Most Bay Area Families Wait Too Long to Plan](https://absolutetrustcounsel.com/the-2026-medi-cal-reinstatement-and-why-most-bay-area-families-wait-too-long-to-plan/) - California's Medi-Cal asset limits and 30-month lookback were reinstated January 1, 2026. What Bay Area families need to know about long-term care planning.She called on a Tuesday afternoon. Her father had been diagnosed with dementia six weeks earlier, his decline had been faster than the family expected, and she was beginning to look at what came next. He still lived in the home he had owned for forty years in Lafayette. He had savings. He had a - [What Happens If You Die Without a Trust in California?](https://absolutetrustcounsel.com/what-happens-if-you-die-without-a-trust-in-california/) - Learn what happens if you die without a trust in California, Walnut Creek estate planning attorney Kirsten Howe explains probate, inheritance, and how a funded living trust protects your family. - [198: California's Medi-Cal Asset Limit Returns in 2026—Are You Prepared?](https://absolutetrustcounsel.com/198-californias-medi-cal-asset-limit-returns-in-2026-are-you-prepared/) - Federal Medicaid cuts have dominated the news cycle, but there’s a California-specific change that’s barely getting attention—and it could blindside thousands of current Medi-Cal recipients. Starting again in 2026, the state is reinstating asset limits for Medi-Cal long-term care coverage, a requirement that was eliminated just two years ago. In this episode, estate planning attorney - [All About Taxes with an Estate Planning Flair: Part III](https://absolutetrustcounsel.com/all-about-taxes-with-an-estate-planning-flair-part-iii/) - In Part I of this series on taxes, we discussed federal taxes, and in Part II, we discussed state taxes. For Part III, we will discuss local taxes in California and generally. In California, local taxes are typically handled through the county tax assessor/collector. We will specifically discuss property taxes and taxes on the transfers - [All About Taxes with an Estate Planning Flair: Part II](https://absolutetrustcounsel.com/all-about-taxes-with-an-estate-planning-flair-part-ii/) - In Part I of this series on taxes, we discussed federal taxes. For Part II, we will discuss state taxes. State Taxes: Income Taxes The first type of state tax that affects estate planning is individual income tax. Like federal income tax, state income tax can apply to individuals, married couples, and entities, including trusts. - [All About Taxes with an Estate Planning Flair: Part I](https://absolutetrustcounsel.com/all-about-taxes-with-an-estate-planning-flair-part-i/) - In a famous quote by Benjamin Franklin, “nothing can be said to be certain, except death and taxes.” Now taxes are not fun; however, they are certain, and there are many different kinds of taxes. In estate planning, we deal with several different types of taxes, and people often mix them up. Here we will - [Kirsten Howe Interview on Fading Memories Podcast Blog: What Every Trustee & Beneficiary Needs to Know](https://absolutetrustcounsel.com/kirsten-howe-interview-on-fading-memories-podcast-blog-what-every-trustee-beneficiary-needs-to-know/) - Jennifer Fink https://absolutetrustcounsel.com/wp-content/uploads/2022/05/Absolute-Trust-Counsel-Fading-Memories-Podcast-with-Guest-Kirsten-Howe.mp3 Kirsten was thrilled to be a part of Jennifer Fink’s podcast, Fading Memories. Avid Absolute Trust Talk fans may recognize Jennifer from a recent episode where Kirsten and Jen talked about all things Alzheimer’s. This time, Kirsten and Jennifer sat down to get into the nitty-gritty details of trust administration. In the - [094: Learn to Use Technology with This Free Resource](https://absolutetrustcounsel.com/094-learn-to-use-technology-with-this-free-resource/) - 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 - [096: Estate Planning: House Edition](https://absolutetrustcounsel.com/096-estate-planning-house-edition/) - 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, - [073: Fading Memories](https://absolutetrustcounsel.com/073-fading-memories/) - Often, we see caregiving responsibilities fall to family members who are learning as they go. And for people with dementia, even more, challenges are presented. Meet Jennifer Fink, producer and host of Fading Memories Podcast, a show dedicated to helping Alzheimer’s caregivers navigate their journey. After experiencing the difficulties of being a caregiver for her - [030: How Ombudsman Services Can Advocate for You, With Nicole Howell](https://absolutetrustcounsel.com/030-how-ombudsman-services-can-advocate-for-you-with-nicole-howell/) - Aging is a natural part of life, and it is one that certainly deserves respect. All of our elders should be able to thrive throughout their later years. There is no one who believes in this philosophy more than our latest Absolute Trust Talk guest, Nicole Howell. Nicole is executive director of Ombudsman Services of - [063: Aging in Place: It Takes a Village](https://absolutetrustcounsel.com/063-aging-in-place-it-takes-a-village/) - 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 - [028: Finding the Right Home Care Approach (Elder Advocacy Encore Edition)](https://absolutetrustcounsel.com/028-finding-the-right-home-care-approach-elder-advocacy-encore-edition/) - Join us for an encore edition of Absolute Trust Talk Episode #028 featuring elder care expert Francesca Vogel of Home Care Assistance. Home Care Assistance and Francesca will be joining us as platinum sponsors of our Elder Advocacy & Law Boot Camp on September 18, 2019. In episode 28 of Absolute Trust Talk, Kirsten welcomes - [029: Knowing Alzheimer's (Elder Advocacy Encore Edition)](https://absolutetrustcounsel.com/029-knowing-alzheimers-elder-advocacy-encore-edition/) - Join us for an encore edition of Absolute Trust Talk Episode #029 featuring Dori Sproul of the Alzheimer’s Association of Northern California. Dori is a featured speaker at our upcoming Elder Advocacy & Law Boot Camp on September 18, 2019. She will provide practical information and resources to help dementia caregivers learn to decode verbal and - [Elder Financial Abuse Lawsuits Between Siblings](https://absolutetrustcounsel.com/elder-financial-abuse-lawsuits-between-siblings/) - Here is an increasingly common scenario we see in our practice. One family member usually a child, begins assisting, then taking care of and possibly even living with, an elderly parent as the parent’s abilities decline with age. The other children in the family eye the arrangement with suspicion: Is our sister just sponging off - [California Regulates the Inheritance of Guns](https://absolutetrustcounsel.com/california-regulates-the-inheritance-of-guns/) - Lost in her latest romance novel, Lydia didn’t notice her husband’s return until he dropped a burlap sack on her lap. She glared at him. “What’s this?” she asked. “Open it,” her husband, Dan, replied. “It’s a gift from my grandfather.” Lydia opened the bag and looked inside. “Guns? He left you guns?” Dan took - [Don't Use the Wrong Assets to Pay For Care](https://absolutetrustcounsel.com/dont-use-the-wrong-assets-to-pay-for-care/) - All attorneys will agree with me that if there’s one thing we wish our clients would do it would be to talk to us before they act. It’s much better for the client, and less expensive in the long run, to have your attorney review that lease or contract before you sign it than to - [Does Anyone Else Know Where Your Estate Planning Documents Are?](https://absolutetrustcounsel.com/does-anyone-else-know-where-your-estate-planning-documents-are/) - We know lots of people don’t like to think or talk about dying. We can see how our own clients often put off doing their estate planning until something happens that they see as a wake-up call: a friend dies suddenly without a will, leaving a mess for the family; or our client has to - [Transferring Season Tickets](https://absolutetrustcounsel.com/transferring-season-tickets/) - Regardless of your team colors, season tickets are often prized possessions that provoke disagreements between family members and business associates when a season ticketholder dies. In 2010, two brothers sued one another over the division of sales profits from their late father’s Green Bay Packers 50-yard line season tickets. What happens to season tickets when - [187: Are You Risking Everything? The Insurance Your Business Can't Operate Without (Part 2)](https://absolutetrustcounsel.com/187-are-you-risking-everything-the-insurance-your-business-cant-operate-without-part-2/) - Most professionals know they need insurance, but many don’t realize their general liability coverage has significant gaps when it comes to professional services. In this episode of Absolute Trust Talk, host Kirsten Howe continues her conversation with Dean Myers, owner of Core Insurance Agency, to explore errors and omissions insurance—specialized coverage designed specifically for professional - [167: Understanding Probate: A Closer Look at the Personal Representative’s Duties](https://absolutetrustcounsel.com/167-understanding-probate-a-closer-look-at-the-personal-representatives-duties/) - In this episode of Absolute Trust Talk, Kirsten Howe and Associate Attorney Ariana Flynn shine a light on the often misunderstood world of probate. They discuss why estate planners typically seek to avoid probate, the situations that make it unavoidable, and the key role of the personal representative—whether executor or administrator—in guiding the process. By - [116: What are the Life Stages of a Special Needs Person?](https://absolutetrustcounsel.com/116-what-are-the-life-stages-of-a-special-needs-person/) - 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 - [131: Drafting a Comprehensive Power of Attorney: What You Don't Know CAN Hurt You](https://absolutetrustcounsel.com/131-drafting-a-comprehensive-power-of-attorney-what-you-dont-know-can-hurt-you/) - 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. - [New Year’s Resolutions for Seniors Wishing to Age in Place](https://absolutetrustcounsel.com/new-years-resolutions-for-seniors-wishing-to-age-in-place/) - Welcome to 2023! It’s the start of a new year, a new month, and it’s time for new resolutions. Now, while anyone can set goals or make good old-fashioned New Year’s resolutions, seniors tend to struggle the most. Goal setting can seem irrelevant later in life, but research begs to differ. Instead, goal setting can - [087: Driving Assessment for Seniors: Don’t Wait Until It’s Too Late](https://absolutetrustcounsel.com/087-driving-assessment-for-seniors-dont-wait-until-its-too-late/) - 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 - [100: Tips and Tools for Buying a Home Despite Rising Interest Rates](https://absolutetrustcounsel.com/100-tips-and-tools-for-buying-a-home-despite-rising-interest-rates/) - 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 - [079: Home for the Holidays: Time for The Talk with Elderly Parents](https://absolutetrustcounsel.com/079-home-for-the-holidays-time-for-the-talk-with-elderly-parents/) - 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 - [085: Estate Planning Changes Late in Life: Is it Real or is it Elder Abuse?](https://absolutetrustcounsel.com/085-estate-planning-changes-late-in-life-is-it-real-or-is-it-elder-abuse/) - 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 - [084: Medi-Cal for All](https://absolutetrustcounsel.com/084-medi-cal-for-all/) - 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 - [What Eldercare Options Are Available in California?](https://absolutetrustcounsel.com/what-eldercare-options-are-available-in-california/) - It’s never too early to start planning for eldercare, whether for a relative, a spouse, or yourself. Generally, eldercare is separate and distinct from nursing home care. Nursing homes provide medical and personal care in a clinical setting. Eldercare offers personal care in a home-like or social setting. In California, there are three primary types - [What is an ABLE Account? (Part One of Two Parts)](https://absolutetrustcounsel.com/what-is-an-able-account-part-one-of-two-parts/) - Disabled California residents may now open savings accounts without jeopardizing means-based benefits, such as Supplemental Security Income (SSI). SSI is a federal income supplement program that is funded by general tax revenues. Under that program, the aged, blind, and disabled with little or no income qualify for cash benefits to pay for housing, food, and - [The Best Way To Amend Estate Planning Documents](https://absolutetrustcounsel.com/the-best-way-to-amend-estate-planning-documents/) - Jean opened the envelope that contained her aunt’s will and began to laugh. “Oh, Aunt Sarah. You and your post-it notes.” She shook her head. Jean pulled out the document. The entire front page was covered in small yellow squares of paper. “Guess she changed her mind, a few times.” Her sister, Joan, frowned. “What - [Why Was My Medicare Premium Assessed a Surcharge?](https://absolutetrustcounsel.com/why-was-my-medicare-premium-assessed-a-surcharge/) - Alicia stared at the statement that had been arrived in the mail. “This can’t be right,” she mumbled. “There is no way Dad’s Medicare premiums have doubled. And why has his monthly Social Security check been reduced?” She picked up her coffee mug and sipped. “I need to call someone.” She scanned the notice for - [The When and How of Applying for Medicare](https://absolutetrustcounsel.com/the-when-and-how-of-applying-for-medicare/) - We all know that when we turn 65 we are covered by Medicare. But many people don’t know that coverage is not automatic. We actually have to sign up for it. And we have to sign up during a specific time period or risk a penalty. Below is a quick lesson on when and how - [020: Naturalization: Is the Process Worth It?](https://absolutetrustcounsel.com/020-naturalization-is-the-process-worth-it/) - The thoughts around becoming a naturalized citizen can be, well, daunting. Many wonder if it's worth the time and effort. Absolute Trust Talk guest and immigration law expert Nadia Yakoob encourages all clients, and those wondering about the process, to take the time and make an effort because the benefits far outweigh taking no action - [Untreated Hearing Loss Could Create Additional Health Problems](https://absolutetrustcounsel.com/untreated-hearing-loss-could-create-additional-health-problems/) - Are you turning up the volume on the television set or straining to hear conversations? You may be suffering from hearing loss. And that could impact your overall brain health. An estimated 48 million Americans suffer from hearing deficits. According to recent studies, those who permit hearing problems to go untreated are at greater risk - [019: Finding the Right Home Care Approach](https://absolutetrustcounsel.com/019-finding-the-right-home-care-approach/) - In episode 19 of Absolute Trust Talk, Kirsten welcomes Francesca Vogel, home care liaison for Home Care Assistance, to the show. Francesca works with seniors and their families to help navigate their specific care needs. Francesca is such a valuable asset in her field, not only because of her 24 years of health care experience - [Estate Planning Advice From William Shakespeare](https://absolutetrustcounsel.com/estate-planning-advice-from-william-shakespeare/) - “So long as men can breathe, or eyes can see, So long lives this, and this gives life to thee.” (Sonnet XVIII by William Shakespeare, b. Apr. 23, 1564, d. Apr. 23, 1616) People do some strange things with their last wills and testaments, and Shakespeare was no exception. One item in William Shakespeare’s will, - [Estate Planning Can Help You Pass On Your Values](https://absolutetrustcounsel.com/estate-planning-can-help-you-pass-on-your-values/) - Most of us would like to think we’re leaving behind more than just a financial estate when we pass away. We’d like to think we’ve impressed our values upon our children and grandchildren as well, giving them a foundation of knowledge and belief to serve them when we’re not there. The good news is that - [6 Key Elements of a Health Care Directive](https://absolutetrustcounsel.com/6-key-elements-of-a-health-care-directive/) - April 16th is National Healthcare Decisions Day, a day dedicated to “ensuring that all adults with decision-making capacity in the United States have the information and opportunity to communicate and document their healthcare decisions.” Our firm is in complete support of such a goal. In fact, we include a Health Care Directive as an important - [How to Review Your Estate Plan; 5 Essential Components](https://absolutetrustcounsel.com/how-to-review-your-estate-plan-5-essential-components/) - The second law of thermodynamics states that: “the entropy of an isolated system which is not in equilibrium will tend to increase over time, approaching a maximum value at equilibrium.” What this means for our purposes is that things are always changing (unless you’ve reached absolute equilibrium, in which case you have my hearty - [Estate Planning Lessons from George Washington (And Other Presidents)](https://absolutetrustcounsel.com/estate-planning-lessons-from-george-washington-and-other-presidents/) - With all the attention we pay to wills and trusts—how necessary one might be, what the options are, how and to whom property should be distributed—it is easy to forget that these documents are actually… well, they’re interesting. These are the documents in which we make our final wishes known. This is often where our - [115: How This Social Model of Care is Improving Quality of Life for Those with Dementia](https://absolutetrustcounsel.com/115-how-this-social-model-of-care-is-improving-quality-of-life-for-those-with-dementia/) - 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 - [114: This Long-Term Housing Solution is Changing the Way Adults with Special Needs Live](https://absolutetrustcounsel.com/114-this-long-term-housing-solution-is-changing-the-way-adults-with-special-needs-live/) - 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 - [099: A Creative Solution to the Special Needs Housing Challenge](https://absolutetrustcounsel.com/099-a-creative-solution-to-the-special-needs-housing-challenge/) - 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 - [081: Navigating Senior Transitions](https://absolutetrustcounsel.com/081navigating-senior-transitions/) - 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, - [Rossmoor Presentation: Documents Everyone 55 & Up Should Have Completed](https://absolutetrustcounsel.com/rossmoor-presentation-documents-everyone-55-up-should-have-completed/) - Did you know that right around age 55, there are certain pivotal documents that you should complete in anticipation of your later years in life? And because these documents can have a profound bearing on your affairs when you’re no longer around or if you become incapacitated, it’s critical that you don’t wait to complete - [080: Music as Medicine](https://absolutetrustcounsel.com/080-music-as-medicine/) - 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 - [072: Spotlight on Cancer Support Community](https://absolutetrustcounsel.com/072-spotlight-on-cancer-support-community/) - 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 - [065: Diablo Valley Foundation for the Aging: A Valuable Community Resource](https://absolutetrustcounsel.com/065-diablo-valley-foundation-for-the-aging-a-valuable-community-resource/) - 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 - [046: How to Get Your PPP Loan Forgiven](https://absolutetrustcounsel.com/046-how-to-get-your-ppp-loan-forgiven/) - For any business owner who’s taken a PPP Loan, you know exactly how challenging the application process was. Now that you may be looking to get that loan forgiven, unfortunately, the forgiveness application isn’t any less challenging or confusing. On top of that, if you don’t apply correctly, you will have to pay all the - [043: Empowering the Disabled with Independence](https://absolutetrustcounsel.com/043-empowering-the-disabled-with-independence/) - Individuals with special needs and their families face unique challenges when it comes to living, working, and even participating in their community, but it doesn’t mean that they can’t find independence. In a new episode of Absolute Trust Talk Live, Executive Director of East Bay Innovations, Tom Heinz joins Kirsten to discuss his organization and - [033: Learning the Language: Long-Term Care Insurance](https://absolutetrustcounsel.com/033-learning-the-language-long-term-care-insurance/) - Who needs to think about long-term care? That’s something for down the road. Or maybe you’re healthy, you have your wits about you, and you just don’t think that is something you will ever need. Well, believe it or not, 70% of people over the age of 65 will need long-term care at some point - [025: The Exploration of Legacy Planning and Charitable Giving with Michael Crvarich of the John Muir Health Foundation](https://absolutetrustcounsel.com/025-the-exploration-of-legacy-planning-and-charitable-giving-with-michael-crvarich-of-the-john-muir-health-foundation/) - Absolute Trust Talk Host Kirsten Howe brings you a powerful new episode featuring Michael Crvarich, Vice President of Legacy Giving at the John Muir Health Foundation. Michael started his career as a public accountant specializing in high-end financial and estate tax planning at international accounting firms such as Ernst & Young and Arthur Anderson. After - [024: Conservatorships: Powerful Protective Proceedings](https://absolutetrustcounsel.com/024-conservatorships-powerful-protective-proceedings/) - In a new episode of Absolute Trust Talk, guest, Konstantine "Kosta" Demiris, joins Kirsten to discuss all things conservatorship. Kosta has a wealth of experience in all aspects of litigation. He has tried hundreds of cases involving trust, estate, probate, conservatorship, guardianship, elder abuse and fraud, real property and HOAs, family law, dependency, criminal law, - [016: Behind the Scenes of Financial Planning for a Family With Special Needs](https://absolutetrustcounsel.com/016-behind-the-scenes-of-financial-planning-for-a-family-with-special-needs/) - In episode 16 of Absolute Trust Talk, Kirsten welcomes Morgan Stanley Senior Portfolio Manager Robert McLalan to the show. Bob has over 35 years of experience in the securities industry and has committed a large part of his practice to helping special needs families. His passion for special needs comes from his own personal experiences - [004: Hey, Life Transitions are Normal. Here’s How to Cope With Them.](https://absolutetrustcounsel.com/004-hey-life-transitions-are-normal-heres-how-to-cope-with-them/) - In this episode of Absolute Trust Talk, Kirsten welcomes Certified Financial Transitionist® Gary Gardner into the studio. As part of the first graduating class of the Financial Transitionist Institute (a division of the Sudden Money Institute) Gary was drawn to the process that uses the "touchy, feely side of the brain," as he likes to - [New Tax Law Creates Opportunities-Also Problems](https://absolutetrustcounsel.com/new-tax-law-creates-opportunities-also-problems/) - Mary frowned at the local newscaster on the television. “I swear I have no idea what he’s talking about with this new tax law. He keeps talking about the estate tax this and the gift tax that. I have no clue what’s up and what’s down.” Her husband, John, replied, “Changes in the tax laws - [001: The Ultimate GPS to Money in Your Relationship](https://absolutetrustcounsel.com/the-ultimate-gps-to-money-in-your-relationship/) - In this episode of "Absolute Trust Talk," Kirsten talks to Maureen Richardson, Certified Financial Planner and sole practitioner at Richardson Elite Financial Strategies. Richardson is also Amazon bestselling author of "'Til Money Do Us Part: Financial Planning for Couples." The topic of conversation is, of course, financial planning, but not just any financial planning, the - [002: Financial Planning: The Pieces & The Big Picture](https://absolutetrustcounsel.com/002-financial-planning-the-pieces-the-big-picture/) - In this episode of "Absolute Trust Talk," Kirsten talks to Geoff Zimmerman, Certified Financial Planner, Senior Advisor, and Chief Compliance Officer for Mosaic Financial Partners, Inc. Geoff is one of the San Francisco Bay Area's most seasoned practitioners and concentrates on assisting both working and retired individuals and couples at the executive level prepare for - [Disposing of Real Estate Using a Will Requires Legal Authority](https://absolutetrustcounsel.com/disposing-real-estate-using-will-requires-legal-authority/) - When Minnie Wilson’s father died at the age of 96, she immediately listed his home for sale. Although her father’s estate had not yet been probated, Minnie knew she and her sister, Linda had inherited the house. He stated that in his Last Will and Testament. Since neither sister wanted the home, Minnie thought she - [From Prince to Pauper?](https://absolutetrustcounsel.com/from-prince-to-pauper/) - What happens if you die without an estate plan? If you’re the late rock star Prince, you lose half of your estate to state and federal estate taxes. It appears the government will be dancing to Prince’s “1999” all the way to the bank.According to news reports, when Prince died in April of 2016, he had no will and no other estate plan in place. As a result, almost $100 million of his estimated $200 million estate could wind up in the hands of the tax man. - [How to Avoid Conflict in Your Estate Plan – Part 1](https://absolutetrustcounsel.com/avoid-conflict-estate-plan-part-1/) - Joint checking accounts are not always the answer. At age 65, Louisa Willis was anxious to get all of her estate planning ducks in a row. Louisa decided to forgo the traditional methods of estate planning—a Will and Living Trust-- and created a joint checking account, naming her son, Ben, as the co-owner. Louisa’s reasoning was simple. By creating a joint account, Ben would have immediate access to her funds “in emergencies,” such as long-term care or upon her death, funeral expenses. - [Worth Consideration: Corporate Trustees](https://absolutetrustcounsel.com/worth-consideration-corporate-trustees-2/) - A trustee of a trust must carry out the terms of the trust and safeguard trust assets for the beneficiaries’ benefit. A trustee can be one person, multiple people, or a corporate trustee such as a bank trust department or trust company with employees who help manage and grow the trust assets. Whether or not - [Death and Estate Taxes Don’t Take Holidays, Even for Celebrities](https://absolutetrustcounsel.com/death-estate-taxes-dont-take-holidays-even-celebrities/) - A carefully crafted estate plan may have avoided the multi-million dollar battle over Michael Jackson’s estate currently taking place in the U.S. Tax Court. By disposing of his assets primarily by Will, his estate has been subjected to a myriad of red tape as well as the scrutiny of the Internal Revenue Service. Maybe, as - [SUMMER 2016 - IS YOUR FAMILY PREPARED?](https://absolutetrustcounsel.com/summer-2016-is-your-family-prepared/) - We recently did a presentation at a financial planning colleague’s office entitled “Is Your Family Prepared?” Most of the audience had already done their estate planning and the emphasis of the presentation was not to encourage them to do estate planning. Rather, our focus was to point out other ways that clients can help their - [Durable versus Springing Power of Attorney](https://absolutetrustcounsel.com/durable-versus-springing-power-attorney/) - Embed from Getty Images When drafting a Power of Attorney for Finances, clients often wonder if they should execute a “Durable” power of attorney or a “Springing” power of attorney. A durable power of attorney means that the ‘agent’ you select can immediately step into your shoes and gain access to your accounts and manage - [Where Do My Debts Go When I Die?](https://absolutetrustcounsel.com/where-do-my-debts-go-when-i-die/) - Just as death and taxes are inevitable, so too are debts. When persons die they invariably leave some unpaid bills. What happens specifically, however, to debts when a person dies? Who is responsible? Spouses, children, parents? Heirs? Here are some general guidelines about financial obligations to keep in mind if you are dealing with the death - [Should You Name a Co-Executor?](https://absolutetrustcounsel.com/should-you-name-a-co-executor/) - An executor is the person appointed by will to oversee the administration of a probate estate. Although an executor can work with an attorney, an executor is generally in charge of arranging for the will to be admitted to probate, organizing the decedent’s personal property, and making distributions to heirs and beneficiaries in accordance with - [Worth Consideration: Corporate Trustees](https://absolutetrustcounsel.com/worth-consideration-corporate-trustees/) - A trustee of a trust must carry out the terms of the trust and safeguard trust assets for the beneficiaries’ benefit. A trustee can be one person, multiple people, or a corporate trustee such as a bank trust department or trust company with employees who help manage and grow the trust assets. Whether or not - [Estate Planning Lessons From the Dead](https://absolutetrustcounsel.com/estate-planning-lessons-from-the-dead/) - Celebrities are very influential in life. They can also be very prominent in death when their estate plans draw public scrutiny and criticism. Just because someone is rich and famous doesn’t mean they have executed the ‘perfect’ estate plan. More often than not, their estate plans are imperfect and wind up in prolonged litigation. Here - [KRON4 Interview with Kirsten Howe: Medi-Cal Cuts Threaten Vital Senior Care](https://absolutetrustcounsel.com/kron4-interview-with-kirsten-howe-medi-cal-cuts-threaten-vital-senior-care/) - More than 70 million people nationwide rely on Medicare, with many California residents depending specifically on Medi-Cal services. Recognizing the serious threat that potential federal funding cuts pose to these vital programs, Absolute Trust Counsel’s founder and Managing Attorney, Kirsten Howe, proactively reached out to local media to raise awareness of this critical consumer issue. - [205: Estate Planning Misses: How to Document a Loan or Gift to Your Child](https://absolutetrustcounsel.com/estate-planning-misses-how-to-document-a-loan-or-gift-to-your-child/) - In this episode of Absolute Trust Talk, managing attorney Kirsten Howe tackles a quietly common source of family conflict: parents giving money to their adult children without documenting whether it’s a gift or a loan. Drawing on years of trust administration experience, Kirsten shares a real family story where canceled checks sparked a bitter dispute - [203: Estate Planning Misses: How to Make Cash Available Immediately After Death](https://absolutetrustcounsel.com/203-estate-planning-misses-how-to-make-cash-available-immediately-after-death/) - In this episode of Absolute Trust Talk, managing attorney Kirsten Howe tackles one of the most overlooked practical challenges in estate planning: making sure your loved ones have access to cash immediately after you die. Kirsten walks through why the most common account structures — trust-held accounts, individually owned accounts, and pay-on-death designations — all - [204: Estate Planning Misses: Addressing Separate Property in a Joint Trust](https://absolutetrustcounsel.com/204-estate-planning-misses-addressing-separate-property-in-a-joint-trust/) - In this episode of Absolute Trust Talk, managing attorney Kirsten Howe tackles one of the most common — and commonly overlooked — estate planning scenarios: what happens when one spouse inherits money, assets, or real estate after a joint trust is already in place. Kirsten breaks down the difference between separate and community property in - [129: Estate Planning Strategies to Reduce Family Conflict After Death](https://absolutetrustcounsel.com/129-estate-planning-strategies-to-reduce-family-conflict-after-death/) - 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 - [Summer’s Here, It’s Time to Open Up (to Your Estate Planning Attorney)](https://absolutetrustcounsel.com/summers-here-its-time-to-open-up-to-your-estate-planning-attorney/) - Summer is here! A California summer is all about sunshine, relaxation, and maybe even checking off some those to-do list items you’ve been putting off. While you are sorting out travel plans and backyard BBQs, it may be the perfect time to tackle something equally important to you and your family: your estate plan. Creating - [041: Special Needs Trusts: Don't Let an Inheritance Blow Up Your Government Benefits](https://absolutetrustcounsel.com/041-special-needs-trusts-dont-let-an-inheritance-blow-up-your-government-benefits/) - Most parents of children with special needs understand how important it is to plan ahead. While there are many vital parts to this planning, a special needs trust should be at the top of the list. Utilizing a special needs trust will ensure that after the parents pass away, the child will not lose any government - [Whom Should We Name as Trustee of Our Child’s Special Needs Trust?](https://absolutetrustcounsel.com/whom-should-we-name-as-trustee-of-our-childs-special-needs-trust/) - A special needs trust or a supplemental needs trust is a trust, typically established by parents for their disabled child, that is created to provide financial care for that child without jeopardizing any government benefits that they may be entitled to or simply because that child cannot manage money. Parents will set up the special needs - [197: O.J. Simpson's $58 Million Problem: What His Probate Teaches Us](https://absolutetrustcounsel.com/197-o-j-simpsons-58-million-problem-what-his-probate-teaches-us/) - In this episode of Absolute Trust Talk, Kirsten Howe returns with the latest development in the ongoing O.J. Simpson probate saga. Over 18 months after his April 2024 death, headlines announced that the executor of O.J.’s estate had “agreed to pay” the Goldman family close to $58 million—but what does that actually mean? Kirsten breaks - [Is a Professional Trustee the Right Fit for Your Estate Plan?](https://absolutetrustcounsel.com/is-a-professional-trustee-the-right-fit-for-your-estate-plan/) - Many people choose an adult child or other relative to serve as the successor Trustee of their trusts. However, there are often concerns about a relative’s ability to administer a trust, such as sibling rivalries, personal obligations, or irresponsibility. In situations where a client does not have a clear, solid choice for a successor trustee, - [142: Navigating Trust Administration with Real Property](https://absolutetrustcounsel.com/142-navigating-trust-administration-with-real-property/) - 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 - [Why Do I Have to Do a Probate When I Have a Trust?](https://absolutetrustcounsel.com/why-a-probate-might-be-necessary-even-with-a-trust-and-how-to-avoid-it/) - Why Do I Have to Do a Probate When I Have a Trust? As an estate planning attorney, one of my least favorite conversations with a new client starts with me saying “I’m so sorry, but unfortunately, even though you have a trust, we are going to have to do a probate.” Clients are surprised - [FIVE IMPORTANT THINGS YOU PROBABLY DIDN’T KNOW ABOUT ORGAN DONATION](https://absolutetrustcounsel.com/five-important-things-you-probably-didnt-know-about-organ-donation/) - A friend and colleague recently brought to my attention an aspect of our estate planning that neither of us had understood before and which had profoundly affected the family of a dear friend of hers. I am sharing this now to help spread awareness. As with many of the issues we must address in our - [180: Divorce in Progress: Safeguarding Your Estate Plan Before It’s Final (Part 2)](https://absolutetrustcounsel.com/180-divorce-in-progress-safeguarding-your-estate-plan-before-its-final-part-2/) - In this episode of Absolute Trust Talk, host Kirsten Howe and associate attorney Jessica Colbert continue their discussion on estate planning during divorce proceedings with practical solutions. Following their previous episode on the potential problems that can arise if someone becomes incapacitated or dies during divorce, they now focus on preventative measures. The attorneys explain - [How Often Should I Update my Estate Plan?](https://absolutetrustcounsel.com/often-update-estate-plan-2/) - I do a lot of presentations before groups and one of the most common questions I am asked is “How often do I need to update my estate plan?” As with just about any question asked of an attorney, the answer is, “It depends.” It depends on both changes in the law, both federal and - [199: Your Power of Attorney Is Valid—So Why Won't Anyone Accept It?](https://absolutetrustcounsel.com/199-your-power-of-attorney-is-valid-so-why-wont-anyone-accept-it/) - A new client recently asked Kirsten a question that resonated: “What can we do so we don’t face the same pushback I did when my mom’s bank wouldn’t accept her power of attorney?” It’s a frustration many families face—you have all the right documents, but when it’s time to use them, banks and institutions push - [128: Revocable or Irrevocable Trust: Which is Right for Me?](https://absolutetrustcounsel.com/128-revocable-or-irrevocable-trust-which-is-right-for-me/) - 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 - [3 Key Differences Between a Durable Power of Attorney Agent and a Trustee](https://absolutetrustcounsel.com/3-key-differences-between-a-durable-power-of-attorney-agent-and-a-trustee/) - When it comes to estate planning and making decisions for the future, it is essential to understand the roles of various fiduciaries that can help manage your affairs. Two commonly used roles are an agent under a durable power of attorney and a trustee of a revocable living trust. While a comprehensive estate plan typically - [202: Estate Planning Misses: The Timeshare Problem No One Talks About](https://absolutetrustcounsel.com/202-estate-planning-misses-the-timeshare-problem-no-one-talks-about/) - That timeshare you’ve been putting off dealing with? It could become a probate headache for your family. In this episode of Absolute Trust Talk, managing attorney Kirsten Howe breaks down the two types of timeshares — traditional deeded ownership and modern points-based systems — and explains why both need to be addressed in your estate - [The Importance of a Revocable Living Trust for the Sandwich Generation](https://absolutetrustcounsel.com/the-importance-of-a-revocable-living-trust-for-the-sandwich-generation/) - The Importance of a Revocable Living Trust for the Sandwich Generation Financial planning can feel like a never-ending balancing act for members of the Sandwich Generation—those simultaneously caring for aging parents and supporting their children. This dual role can be incredibly demanding, both emotionally and financially. Financial resources can be stretched thin between paying for - [169: Understanding Probate Part 3: How to Get Your Will Admitted to Probate](https://absolutetrustcounsel.com/169-understanding-probate-part-3-how-to-get-your-will-admitted-to-probate/) - In this episode of Absolute Trust Talk, host Kirsten Howe and associate attorney Jessica Colbert explore the critical steps in getting a will admitted to probate. They explain why lodging an original, properly executed will with the county superior court is essential, and how witness testimony can authenticate the document. They also examine the pitfalls - [8 Reasons Why a California Statutory Will Falls Short](https://absolutetrustcounsel.com/8-reasons-why-a-california-statutory-will-falls-short/) - In the realm of estate planning, a will without a trust stands as an important document, orchestrating the distribution of assets and the fulfillment of wishes after one’s passing. In California, the statutory will serve as a convenient template for many individuals seeking to outline their testamentary intentions. While there are times when a statutory - [Should I Keep My Estate Planning Documents in a Safe Deposit Box?](https://absolutetrustcounsel.com/should-i-keep-my-estate-planning-documents-in-a-safe-deposit-box/) - Over the years I have seen clients struggle to get access to a parent’s safe deposit box after death. More than once, this seemingly simple task required us to open a probate proceeding in court, even though the deceased parent had set up a revocable trust to avoid probate. I’ve said this before: telling a - [What Changes When Mom Becomes Incapacitated?](https://absolutetrustcounsel.com/what-changes-when-mom-becomes-incapacitated/) - If your mom (or dad) has a revocable living trust and has now been diagnosed with dementia or another condition affecting mental capacity, the successor trustee is going to have to step. If that is you, you need to understand your responsibilities and take them seriously. Many people in this situation feel overwhelmed, scared of - [201: Estate Planning Misses: What Happens When Your Custodial or 529 Account Has No Successor](https://absolutetrustcounsel.com/201-estate-planning-misses-what-happens-when-your-custodial-or-529-account-has-no-successor/) - In this episode of Absolute Trust Talk, managing attorney Kirsten Howe continues her estate planning misses mini-series by tackling custodial accounts and 529 education plans. While these accounts are incredibly popular for saving for children, most people don’t realize a critical legal distinction: you don’t actually own them. This misconception leads to a costly problem - [200: Why Your Health Savings Account Needs a Beneficiary](https://absolutetrustcounsel.com/200-why-your-health-savings-account-needs-a-beneficiary/) - We’ve reached a huge milestone here at Absolute Trust Counsel—drum roll, please—the launch of our 200th Absolute Trust Talk episode! What started as an idea while driving down the road after a guest appearance on a financial advisor’s radio show has become a trusted resource for thousands of listeners over the years. Kirsten’s dream was - [Answering Your 10 FAQs About Irrevocable Life Insurance Trusts](https://absolutetrustcounsel.com/answering-your-10-faqs-about-irrevocable-life-insurance-trusts/) - With the threat of a “sunset” at the end of this year of the current high federal estate tax exemption back to $5 million, adjusted for inflation, many people across the country are no longer concerned about planning to avoid or minimize estate taxes. However, in the Bay area, there are still many families who - [196: Bitcoin Demystified (Part 3): Currency, Sustainability, and Social Impact](https://absolutetrustcounsel.com/196-bitcoin-demystified-part-3-currency-sustainability-and-social-impact/) - Can Bitcoin actually function as real money—and is it destroying the planet? In Part 3 of our cryptocurrency series, host Kirsten Howe continues her conversation with Jirayr Kembikian, CFP® and Managing Director of Citrine Capital, to answer these critical questions. Jirayr systematically breaks down the seven properties that define ideal currency—durability, divisibility, portability, verifiability, scarcity, - [What Can Hulk Hogan and Ozzy Osbourne Teach Us About Estate Planning?](https://absolutetrustcounsel.com/what-can-hulk-hogan-and-ozzy-osbourne-teach-us-about-estate-planning/) - When most people think about Hulk Hogan and Ozzy Osbourne, they probably envision iconic moments from the wrestling ring or heavy metal stage, not wills, trusts, or estate planning. But these two late celebrities, who both passed away in July 2025, each had unique family dynamics and high-profile personal lives. Their deaths offer surprising lessons - [069: What We Can (and Can’t) Do With Bank Accounts After Death](https://absolutetrustcounsel.com/069-what-we-can-and-cant-do-with-bank-accounts-after-death/) - FREE Guide: How to Access a Bank Account After Someone Dies Navigating a loved one’s bank accounts after death is complex and often overwhelming. Our comprehensive guide explains the different legal pathways based on your specific situation, helping you avoid probate delays and understand the necessary steps. Download now to gain clarity on this challenging - [070: Trustee Do’s and Don’ts Part Two](https://absolutetrustcounsel.com/070-trustee-dos-and-donts-part-two/) - 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. - [071: For the Caregivers: Support, Compassion, and Resources Just a Click Away](https://absolutetrustcounsel.com/071-for-the-caregivers-support-compassion-and-resources-just-a-click-away/) - 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. - [074: Art Therapy and Dementia](https://absolutetrustcounsel.com/074-art-therapy-and-dementia/) - 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, - [075: Serious Illness or Injury: The Resources We Need to Manage it All](https://absolutetrustcounsel.com/075-serious-illness-or-injury-the-resources-we-need-to-manage-it-all/) - 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 - [076: Don’t Let an Inheritance Destroy Government Benefits Eligibility](https://absolutetrustcounsel.com/076-dont-let-an-inheritance-destroy-government-benefits-eligibility/) - 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 - [077: Retirement Planning for Your Brain](https://absolutetrustcounsel.com/077-retirement-planning-for-your-brain/) - 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 - [082: A Unique Program for Veterans](https://absolutetrustcounsel.com/082-a-unique-program-for-veterans/) - 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 - [083: Living Better with Parkinson’s Disease](https://absolutetrustcounsel.com/083-living-better-with-parkinsons-disease/) - 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, - [086: Trust Failures: Don’t Let This Happen to You! (Continued!!)](https://absolutetrustcounsel.com/086-trust-failures-dont-let-this-happen-to-you/) - 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 - [088: Incapacity Failures: Plan Ahead So Your Plan Works for You](https://absolutetrustcounsel.com/088-incapacity-failures-plan-ahead-so-your-plan-works-for-you/) - 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 - [089: Why Your Family Might Need Lifestyle Insurance and the Latest Opportunity Benefits](https://absolutetrustcounsel.com/089-why-your-family-might-need-lifestyle-insurance-and-the-latest-opportunity-benefits/) - 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 - [090: Choosing a Trustee – How to Get It Right](https://absolutetrustcounsel.com/090-choosing-a-trustee-how-to-get-it-right/) - 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? - [091: How to Support Your Parents Through a Downsizing Move](https://absolutetrustcounsel.com/091-how-to-support-your-parents-through-a-downsizing-move/) - 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 - [092: Is a 1031 Exchange Right for Your Real Estate Sale?](https://absolutetrustcounsel.com/092-is-a-1031-exchange-right-for-your-real-estate-sale/) - 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 - [093: Guardianship: There’s More to It Than You Think!](https://absolutetrustcounsel.com/093-guardianship-theres-more-to-it-than-you-think/) - 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 - [095: Special Needs Care Planning: It’s About More Than Just Legal Documents](https://absolutetrustcounsel.com/095-special-needs-care-planning-its-about-more-than-just-legal-documents/) - 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 - [097: Estate Planning Lessons from the Rich and Famous](https://absolutetrustcounsel.com/097-estate-planning-lessons-from-the-rich-and-famous/) - 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 - [098: What Are the Top Ten (Plus) Estate Planning Myths?](https://absolutetrustcounsel.com/098-what-are-the-top-ten-plus-estate-planning-myths/) - 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 - [101: What Does My Family Need to Know About My Estate Plan Before it’s too Late?](https://absolutetrustcounsel.com/101-what-does-my-family-need-to-know-about-my-estate-plan-before-its-too-late/) - 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 - [102: Bay Area Housing Market Prices, Trends, and What’s Next for 2023](https://absolutetrustcounsel.com/102-bay-area-housing-market-prices-trends-and-whats-next-for-2023/) - 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 - [103: What is a “No Contest” Clause and When Does it Really Apply?](https://absolutetrustcounsel.com/103-what-is-a-no-contest-clause-and-when-does-it-really-apply/) - 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 - [104: Two Years After its Passing, Has Proposition 19 Delivered on its Promises to California Homeowners?](https://absolutetrustcounsel.com/104-two-years-after-its-passing-has-proposition-19-delivered-on-its-promises-to-california-homeowners/) - 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 - [105: AB Trusts: Do You Have One? If So, Do You Still Need One?](https://absolutetrustcounsel.com/105-ab-trusts-do-you-have-one-if-so-do-you-still-need-one/) - 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 - [106: What’s Left of the Presley Estate? Lessons Learned from Elvis & Lisa Marie](https://absolutetrustcounsel.com/106-whats-left-of-the-presley-estate-lessons-learned-from-elvis-lisa-marie/) - 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 - [107: What Are Commonly Overlooked Money Issues When Splitting Assets in a Divorce?](https://absolutetrustcounsel.com/107-what-are-commonly-overlooked-money-issues-when-splitting-assets-in-a-divorce/) - 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 - [108: Is Your Loved One Really Safe in Their Nursing Home?](https://absolutetrustcounsel.com/108-is-your-loved-one-really-safe-in-their-nursing-home/) - 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 - [109: Wondering How NFTs are Changing the Future of Fine Art?](https://absolutetrustcounsel.com/109-wondering-how-nfts-are-changing-the-future-of-fine-art/) - 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 - [110: Free and Appropriate Public Education: How Do I Get One for My Special Needs Child?](https://absolutetrustcounsel.com/110-free-and-appropriate-public-education-how-do-i-get-one-for-my-special-needs-child/) - 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 - [111: How Does the Special Olympics Change Lives Outside of Sports?](https://absolutetrustcounsel.com/111-how-does-the-special-olympics-change-lives-outside-of-sports/) - 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. - [112: How to Access the Right Education Plan for a Child with Disabilities?](https://absolutetrustcounsel.com/0112-how-to-access-the-right-education-plan-for-a-child-with-disabilities/) - 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, - [113: How to Avoid a Chaotic “Casey Kasem” Estate Plan?](https://absolutetrustcounsel.com/113-how-to-avoid-a-chaotic-casey-kasem-estate-plan/) - 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 - [117: Estate Planning Lessons: Senator Dianne Feinstein](https://absolutetrustcounsel.com/117-estate-planning-lessons-senator-dianne-feinstein/) - 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 - [118: Do You Need an Estate Plan for Your Furry or Feathered Family Members?](https://absolutetrustcounsel.com/ep-118-do-you-need-an-estate-plan-for-your-furry-or-feathered-family-members/) - 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 - [119: Tools and Tips for Preparing an Accounting with Heather Hamilton](https://absolutetrustcounsel.com/119-tools-and-tips-for-preparing-an-accounting-with-heather-hamilton/) - 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 - [120: Solutions to Common Real Estate Issues](https://absolutetrustcounsel.com/120-real-estate-problem-solving-101-with-steven-kahn/) - Have you ever had a neighbor encroaching on your land, whether intentionally or innocently? Or perhaps they have decided to install a cell tower 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 - [121: What Happens When a Trustee, Executor, or Beneficiary Dies?](https://absolutetrustcounsel.com/121-what-happens-when-a-trustee-executor-or-beneficiary-dies/) - 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 - [122: The Costly Truth of Ignoring Estate Planning Like Jay Leno](https://absolutetrustcounsel.com/122-the-costly-truth-of-ignoring-estate-planning-like-jay-leno/) - 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 - [123: Why Can't I Change My Trust After My Spouse Passes Away?](https://absolutetrustcounsel.com/why-cant-i-change-my-trust-after-my-spouse-passes-away/) - 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 - [124: Beach Boys Founder Brian Wilson Suffering from Dementia as Reps Seek Conservatorship](https://absolutetrustcounsel.com/124-beach-boys-founder-brian-wilson-suffering-from-dementia-as-reps-seek-conservatorship/) - 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 - [125: Cher Files for Conservatorship of Son Elijah Blue Allman Over Alleged Substance Abuse](https://absolutetrustcounsel.com/125-cher-files-for-conservatorship-of-son-elijah-blue-allman-over-alleged-substance-abuse/) - 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 - [126: Understanding Multigenerational Estate Planning with Tess Brigham Part 1](https://absolutetrustcounsel.com/126-understanding-multigenerational-estate-planning-with-tess-brigham-pt-1/) - 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 - [127: Understanding Multigenerational Estate Planning Part 2](https://absolutetrustcounsel.com/127-understanding-multigenerational-estate-planning-part-2/) - 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 - [130: Exploring the O.J. Simpson Estate: Probate and Creditor Claims](https://absolutetrustcounsel.com/130-exploring-the-oj-simpson-estate-probate-and-creditor-claims/) -  You know of the infamous murder trial involving O.J. 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 - [132: Trust Funding in a Digital World: Safeguarding Virtual Wealth](https://absolutetrustcounsel.com/132-trust-funding-in-a-digital-world-safeguarding-virtual-wealth/) - 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 - [133: From Wheels to Waves: How to Fund Your Trust with Cars, Boats, or Mobile Home Assets](https://absolutetrustcounsel.com/133-from-wheels-to-waves-how-to-fund-your-trust-with-cars-boats-or-mobile-home-assets/) - 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 - [134: Character Matters Part 1: Understanding Community Property in Divorce and Estate Planning](https://absolutetrustcounsel.com/134-character-matters-part-1-understanding-community-property-in-divorce-and-estate-planning/) - 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 - [195: Bitcoin Demystified (Part 2): The 3 Ways to Own Bitcoin](https://absolutetrustcounsel.com/195-bitcoin-demystified-part-2-the-3-ways-to-own-bitcoin/) - Ready to own Bitcoin but not sure where to start? In Part 2 of our cryptocurrency series, host Kirsten Howe continues her conversation with Jirayr Kembikian, CFP® and Managing Director of Citrine Capital, to break down the three distinct ways to acquire and hold Bitcoin—each with its own unique trade-offs. Jirayr walks through everything from - [194: Bitcoin Demystified (Part 1): Why 1 in 7 Americans Own Bitcoin](https://absolutetrustcounsel.com/194-bitcoin-demystified-part-1-why-1-in-7-americans-own-bitcoin/) - Did you know that 1 in 7 Americans now own Bitcoin? If you’ve been curious about cryptocurrency but don’t know where to start, this episode is for you. Host Kirsten Howe sits down with Jirayr Kembikian, CFP® and Managing Director of Citrine Capital, to demystify Bitcoin and explain why it’s fundamentally different from every other - [Why Do I Have to Complete Beneficiary Designation Forms?](https://absolutetrustcounsel.com/why-do-i-have-to-complete-beneficiary-designation-forms/) - Natalie scrunched up the letter in her hand and tossed it into the trash. “Thanks for nothing, Uncle Fred.” Her husband, John, frowned. “Bad news?” Natalie shrugged. “Remember when Uncle Fred said he was going to pay the college tuition for all his nieces and nephews?” “Sure, we figured that into our financial plan. It - [135: Character Matters Part 2: Estate Planning for Community Property vs. Separate Property](https://absolutetrustcounsel.com/135-character-matters-part-2-estate-planning-for-community-property-vs-separate-property/) - 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 - [136: Guardianship Explained: Essential Insights for Effective Estate Planning](https://absolutetrustcounsel.com/136-guardianship-explained-essential-insights-for-effective-estate-planning/) - 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 - [137: Maximize Your Wealth: Expert Financial Strategies for Business Owners](https://absolutetrustcounsel.com/137-maximize-your-wealth-expert-financial-strategies-for-business-owners/) - 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 - [138: Beyond Profits: Tackling Key Issues for Business Longevity](https://absolutetrustcounsel.com/138-beyond-profits-tackling-key-issues-for-business-longevity/) - 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 - [139: Optimizing Your Portfolio with Alternative Investments](https://absolutetrustcounsel.com/139-optimizing-your-portfolio-with-alternative-investments/) - 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 - [140: Navigating Trust Complexities: The Family Home Dilemma](https://absolutetrustcounsel.com/140-navigating-trust-complexities-the-family-home-dilemma/) - 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 - [141: Managing Real Estate Assets as a Trustee](https://absolutetrustcounsel.com/141-managing-real-estate-assets-as-a-trustee/) - 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 - [143: Can You Avoid Probate without a Trust?](https://absolutetrustcounsel.com/143-can-you-avoid-probate-without-a-trust/) - 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 - [144: Navigating Trustee and Executor Responsibilities: Best Practices and Pitfalls](https://absolutetrustcounsel.com/144-navigating-trustee-and-executor-responsibilities-best-practices-and-pitfalls/) - 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 - [145: Trustee and Executor Responsibilities: Best Practices and Pitfalls Part 2](https://absolutetrustcounsel.com/145-trustee-and-executor-responsibilities-best-practices-and-pitfalls-part-2/) - 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, - [146: Trustee and Executor Responsibilities: Best Practices and Pitfalls Part 3](https://absolutetrustcounsel.com/146-trustee-and-executor-responsibilities-best-practices-and-pitfalls-part-3/) - 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 - [147: How to Legally Access a Loved One's Bank Account After Death](https://absolutetrustcounsel.com/147-how-to-legally-access-a-loved-ones-bank-account-after-death/) - FREE Guide: How to Access a Bank Account After Someone Dies Navigating a loved one’s bank accounts after death is complex and often overwhelming. Our comprehensive guide explains the different legal pathways based on your specific situation, helping you avoid probate delays and understand the necessary steps. Download now to gain clarity on this challenging - [148: How to Choose the Right Successor Trustee for Your Trust](https://absolutetrustcounsel.com/148-how-to-choose-the-right-successor-trustee-for-your-trust/) - 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. - [149: Choosing a Child as Your Successor Trustee: Key Factors to Consider](https://absolutetrustcounsel.com/149-choosing-a-child-as-your-successor-trustee-key-factors-to-consider/) - 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 - [150: Third-Party Trustees: A Smart Choice for Your Estate Plan?](https://absolutetrustcounsel.com/150-third-party-trustees-a-smart-choice-for-your-estate-plan/) - 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 - [151: Is an AB Trust Right for You? Essential Insights for Married Couples](https://absolutetrustcounsel.com/151-is-an-ab-trust-right-for-you-essential-insights-for-married-couples/) - 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 - [152: The Truth About AB Trusts: Will Your Wishes Be Followed?](https://absolutetrustcounsel.com/152-the-truth-about-ab-trusts-will-your-wishes-be-followed/) - 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 - [153: AB Trusts After 2013: What You Need to Do Now](https://absolutetrustcounsel.com/153-ab-trusts-after-2013-what-you-need-to-do-now/) - 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 - [154: Unlocking Assets Without Probate: The Benefits of Using a Small Estate Affidavit](https://absolutetrustcounsel.com/154-unlocking-assets-without-probate-the-benefits-of-using-a-small-estate-affidavit/) - 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 - [155: Spousal Property Petitions: An Easier Alternative to Probate](https://absolutetrustcounsel.com/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 - [156: Probate Alternatives: Real Estate Affidavits and Succession Petitions Explained](https://absolutetrustcounsel.com/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 - [157: Avoiding Probate Hassles: Understanding California's 2025 Law Change](https://absolutetrustcounsel.com/157-avoiding-probate-hassles-understanding-californias-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 - [158: Avoiding Trustee Liability: Critical Steps Before Distributing Assets](https://absolutetrustcounsel.com/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 - [159: Trustees' Checklist: Essential Notices You Can't Afford to Miss](https://absolutetrustcounsel.com/159-trustees-checklist-essential-notices-you-cant-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. - [160: Celebrity Probate Case Files: O.J. Simpson](https://absolutetrustcounsel.com/160-celebrity-probate-case-files-o-j-simpson/) - In this special Absolute Trust Talk episode, Kirsten Howe and associate attorney Jessica Colbert step into the captivating world of celebrity estates, taking a closer look at the probate of O.J. Simpson. Unlike traditional probates, where assets are distributed to heirs, O.J.’s estate paints a very different picture—one dominated by overwhelming debts, including a $117 - [161: What’s Yours, Mine, and Ours? Untangling Community vs. Separate Property in Estate Planning](https://absolutetrustcounsel.com/161-whats-yours-mine-and-ours-untangling-community-vs-separate-property-in-estate-planning/) - In this episode of Absolute Trust Talk, host Kirsten Howe is joined by the accomplished Ruth Koller Burke, Partner at Koller Herlihy LLP, whose 25+ years of experience span estate planning, trust administration, and probate litigation. Ruth’s dual expertise as both an estate planner and litigator—gained through years of representing Fortune 500 companies and managing - [162: Untangling Community vs. Separate Property Issues in Estate Planning (Part 2)](https://absolutetrustcounsel.com/162-untangling-community-vs-separate-property-issues-in-estate-planning-part-2/) - In this episode of Absolute Trust Talk, host Kirsten Howe welcomes back accomplished estate planning attorney and litigation expert Ruth Kohler Burke for part two of their deep dive into community vs. separate property in estate planning. Together, they unravel the complexities of property characterization and highlight how proper planning can save you from expensive, - [163: Courthouse Confessions: Inside Trust and Estate Litigation](https://absolutetrustcounsel.com/163-courthouse-confessions-inside-trust-and-estate-litigation/) - In this episode of Absolute Trust Talk, managing attorney Kirsten Howe welcomes associate attorneys Jessica Colbert and Ariana Flynn to discuss common issues in trust and estate litigation. Drawing from her experience as a litigator, Ariana highlights three major themes that often arise in family disputes over estates: undue influence, lack of capacity, and complex - [164: Shielding Your Legacy: How to Avoid Estate Litigation Pitfalls](https://absolutetrustcounsel.com/164-shielding-your-legacy-how-to-avoid-estate-litigation-pitfalls/) - Welcome back to Absolute Trust Talk for part two of our comprehensive discussion on estate litigation, featuring our associate attorney and former litigator, Ariana Flynn! This episode explores effective ways to protect your estate plan from future disputes. Ariana highlights key strategies, such as drafting explanatory letters to clarify difficult decisions and using neuropsych evaluations - [165: When ‘I Wish’ Isn’t Enough: Precatory Clauses and the Mangione Family Estate](https://absolutetrustcounsel.com/12427-2/) - If you’ve been following the news lately, chances are you’ve heard of Luigi Mangione, the man at the center of recent headlines for allegedly shooting UnitedHealthcare CEO Brian Thompson. While the criminal case has drawn widespread attention, what caught our interest is a surprising detail about Mangione’s personal life: he’s reportedly listed as a beneficiary - [166: Don't Fall for Disaster Scams: Tips to Safely Support Fire Relief Efforts](https://absolutetrustcounsel.com/12492-2/) - In this episode of Absolute Trust Talk, Kirsten Howe and Jessica Colbert discuss the ongoing Los Angeles fires and offer practical advice on how to help victims without falling prey to scams. From identifying legitimate charities to safely navigating crowdfunding platforms, they outline actionable steps to ensure your generosity has a real impact. The episode - [168: Understanding Probate Part 2: What Exactly Is a Will?](https://absolutetrustcounsel.com/12549-2/) - In this episode of Absolute Trust Talk, host Kirsten Howe and associate attorney Jessica Colbert continue their deep dive into probate fundamentals by focusing on wills. They clarify what makes a will legally valid, why a handwritten (or “wet ink”) signature is still required, and how witnesses play a key role in safeguarding the document’s - [170: How to Secure Your Estate: Insights from O.J. Simpson's Latest Legal Drama](https://absolutetrustcounsel.com/170-2/) - In this episode of Absolute Trust Talk, hosts Kirsten Howe and Jessica Colbert delve into the latest twist in O.J. Simpson’s long-running estate saga. The estate’s executor has taken an unexpected step by filing a lawsuit against one of Simpson’s heirs, claiming that a key Las Vegas property was secretly transferred out of the estate’s - [What Is the Best Way to Leave Property to Your Children?](https://absolutetrustcounsel.com/what-is-the-best-way-to-leave-property-to-your-children/) - Parents often create a revocable living trust to ensure that their children are provided for upon their deaths. However, parents may struggle to decide how to leave an inheritance to their children and how much control they wish to exercise after their deaths. This is especially the case when parents have young children or children - [Three Charitable Gifting Strategies to Consider to Reduce Estate Taxes (and Do a Lot of Good Along the Way)](https://absolutetrustcounsel.com/three-charitable-gifting-strategies-to-consider-to-reduce-estate-taxes-and-do-a-lot-of-good-along-the-way/) - When it comes to estate planning, most people focus on how to ensure their loved ones are taken care of. However, you may want to also consider charitable gifting, a tool that not only provides for causes you care about but also preserves wealth by reducing estate tax liability. Charitable gifting refers to donating money - [171: IRS Audits Uncovered: What Triggers Them and How to Prepare](https://absolutetrustcounsel.com/171-irs-audits-uncovered-what-triggers-them-and-how-to-prepare/) - Few things are as nerve-wracking as receiving an IRS audit notice—but how do audits really work, and what can you do to protect yourself? In this episode of Absolute Trust Talk, Kirsten Howe sits down with Anthony Kim, a former IRS Chief Counsel Attorney with 26+ years of experience, to reveal the truth behind IRS - [172: IRS Audits Uncovered Part 2: Protests and Appeals Explained](https://absolutetrustcounsel.com/172-irs-audits-uncovered-part-2-protests-and-appeals-explained/) - In this follow-up episode of Absolute Trust Talk, host Kirsten Howe welcomes back tax law expert Tony Kim to continue their deep dive into IRS audits and appeals. With 26 years of experience working for the IRS, Tony provides invaluable insights into what happens after an audit determination is made. He explains the role of - [173: Stop Family Feuds: Expert Tips for Probate Real Estate Sales](https://absolutetrustcounsel.com/173-stop-family-feuds-expert-tips-for-probate-real-estate-sales/) - In this episode of Absolute Trust Talk, host Kirsten Howe welcomes real estate expert Nathan Jines from Jines Real Estate Group, Keller Williams, to discuss the complexities of selling real estate in a probate or trust administration. When a homeowner passes away, managing the sale of their property presents unique challenges, from family dynamics to - [176: Behind the Headlines: Gene Hackman's Estate Plan and What We Can Learn](https://absolutetrustcounsel.com/176-behind-the-headlines-gene-hackmans-estate-plan-and-what-we-can-learn/) - In this episode of Absolute Trust Talk, Kirsten Howe, managing attorney at Absolute Trust Counsel, and associate attorney Jessica Colbert examine the estate of beloved actor Gene Hackman. They meticulously analyze the available court records from Santa Fe County, New Mexico, and contrast them with California’s probate procedures. The attorneys skillfully debunk sensationalized headlines about - [177: Inside the Heated Padres Inheritance Feud: What It Teaches Us About Sound Estate Planning](https://absolutetrustcounsel.com/177-inside-the-heated-padres-inheritance-feud-what-it-teaches-us-about-sound-estate-planning/) - In this all-new episode of Absolute Trust Talk, Kirsten Howe and her associates, Jessica Colbert and Ariana Flynn, delve into the complex estate battle surrounding the late San Diego Padres owner, Peter Seidler. The MLB team finds itself at the center of a legal dispute as Seidler’s wife, Sheel, contends with his brothers over control - [178: 3 Critical Estate Planning Lessons from Richard Simmons' Legacy Battles](https://absolutetrustcounsel.com/178-3-critical-estate-planning-lessons-from-richard-simmons-legacy-battles/) - In this episode of Absolute Trust Talk, host Kirsten Howe examines the estate complications following Richard Simmons’ death in July 2023. She details the ongoing legal dispute between Simmons’ brother Leonard (named trustee) and Teresa, his housekeeper of 30 years who briefly served as co-trustee before a contested resignation. The conflict centers around approximately $1 - [179: Divorce in Progress: Safeguarding Your Estate Plan Before It's Final](https://absolutetrustcounsel.com/179-2/) - In this episode of Absolute Trust Talk, host Kirsten Howe and associate attorney Jessica Colbert discuss critical estate planning considerations during divorce proceedings. They explore what happens if someone becomes incapacitated or dies while their divorce is still pending, revealing potentially unwelcome consequences if proper planning isn’t in place. The discussion highlights how existing estate - [181: Beyond Borders: International Estate Planning Essentials for Families](https://absolutetrustcounsel.com/181-beyond-borders-international-estate-planning-essentials-for-families/) - In this episode of Absolute Trust Talk, host Kirsten Howe welcomes estate planning specialist Janet Brewer to explore the unique challenges faced by immigrants and international families when planning for their future. Janet, with over 30 years of experience serving clients throughout Silicon Valley, brings her vast knowledge to address the specific concerns of non-resident - [182: Beyond Borders: International Estate Planning Essentials for Families (Part 2)](https://absolutetrustcounsel.com/182-beyond-borders-international-estate-planning-essentials-for-families-part-2/) - In this second installment of Absolute Trust Talk’s international estate planning series, host Kirsten Howe welcomes back estate planning specialist Janet Brewer to explore advanced strategies for families with cross-border connections. Building on their previous discussion of guardianship challenges, this episode focuses on critical tax considerations and financial hurdles faced by international families. Janet, a - [183: Beyond Borders: International Estate Planning Essentials for Families (Part 3)](https://absolutetrustcounsel.com/183-beyond-borders-international-estate-planning-essentials-for-families-part-3/) - In this final installment of Absolute Trust Talk’s international estate planning series, host Kirsten Howe concludes her conversation with estate planning specialist Janet Brewer, addressing one of the most common cross-border scenarios: U.S. citizens who own property abroad. Janet, with over 30 years of experience serving Silicon Valley’s international clientele, explains why simply leaving foreign - [184: From One Direction to No Direction: What Liam Payne's Estate Teaches Us About Planning](https://absolutetrustcounsel.com/184-from-one-direction-to-no-direction-what-liam-paynes-estate-teaches-us-about-planning/) - In this episode of Absolute Trust Talk, host Kirsten Howe examines the estate complications following One Direction member Liam Payne’s tragic death in Argentina in fall 2024. At just 30 years old, Payne left behind a $32 million estate—but no will. His complex assets include performance income, solo artist earnings, brand deals, music publishing rights, - [186: Jimmy Buffett's $275M Trust Battle: Why Co-Trustees Can Destroy Your Estate Plan](https://absolutetrustcounsel.com/186-jimmy-buffetts-275m-trust-battle-why-co-trustees-can-destroy-your-estate-plan/) - In this episode of Absolute Trust Talk, California estate planning attorney Kirsten Howe examines the explosive trust dispute erupting over Jimmy Buffett’s $275 million estate. When the legendary Margaritaville songwriter passed away, he left his fortune in an irrevocable trust with his widow Jane Buffett and co-trustee Richard Mozenter managing the assets together. Now they’re - [188: Are You Risking Everything? The Insurance Your Business Can't Operate Without (Part 3)](https://absolutetrustcounsel.com/188-are-you-risking-everything-the-insurance-your-business-cant-operate-without-part-3/) - In the compelling finale of this three-part insurance series, host Kirsten Howe and insurance expert Dean Myers tackle the coverage that keeps business owners up at night—cyber insurance. Dean shares fascinating real-world stories, from ransomware attackers offering customer service hotlines to disgruntled employees planting digital “time bombs” in company systems. You’ll discover why this isn’t - [189: Your Healthcare Voice: Understanding Advanced Directives](https://absolutetrustcounsel.com/189-your-healthcare-voice-understanding-advanced-directives/) - In this episode of Absolute Trust Talk, host Kirsten Howe and associate attorney Ariana Flynn tackle one of the most misunderstood aspects of estate planning: advanced healthcare directives. This is part one of a comprehensive three-part series covering end-of-life and healthcare planning. The attorneys break down the two critical legal documents every adult needs, regardless - [193: URGENT: California Medi-Cal Asset Limits Return in 2026 - How to Prepare NOW](https://absolutetrustcounsel.com/193-urgent-california-medi-cal-asset-limits-return-in-2026-how-to-prepare-now/) - California is quietly bringing back asset limits for Medi-Cal long-term care coverage in 2026, and current recipients could be in for a devastating surprise. Here’s what’s happening: California eliminated asset limits for elderly and disabled Medi-Cal recipients in 2024, but those limits are returning in 2026. If you currently receive long-term care Medi-Cal benefits, when - [190: Your Healthcare Voice (Part 2): Emergency Medical Orders](https://absolutetrustcounsel.com/190-your-healthcare-voice-part-2-emergency-medical-orders/) - In this second episode of their comprehensive healthcare planning series, Absolute Trust Talk hosts Kirsten Howe and Ariana Flynn tackle the critical medical orders that work alongside your legal documents: DNR (Do Not Resuscitate) orders and POLST (Physician Orders for Life Sustaining Treatment) forms. Unlike the legal documents discussed in Part 1, these are doctors’ - [191: When Rock Royalty Gets Estate Planning Right: Lessons from Ozzy Osbourne's $230M Legacy](https://absolutetrustcounsel.com/191-when-rock-royalty-gets-estate-planning-right-lessons-from-ozzy-osbournes-230m-legacy/) - In this all-new episode of Absolute Trust Talk, Kirsten Howe and Associate Attorney Ariana Flynn explore a refreshing change of pace: a celebrity estate plan that appears to have been well-structured and executed effectively. Following the July 22, 2025, passing of heavy metal legend Ozzy Osbourne, his $230 million estate seems to be transitioning smoothly - [192: Your Healthcare Voice (Part 3): Understanding Assisted Suicide, Euthanasia, and End-of-Life Options](https://absolutetrustcounsel.com/192-your-healthcare-voice-part-3-understanding-assisted-suicide-euthanasia-and-end-of-life-options/) - In the final episode of our comprehensive healthcare planning series, Kirsten and Ariana tackle one of the most misunderstood areas of healthcare planning: life-ending decisions. This episode cuts through the confusion to deliver clear, factual information about California’s End of Life Option Act, the strict requirements for assisted suicide, how passive and active euthanasia differ, - [Medi-Cal Asset Limits Return: What You Need to Know](https://absolutetrustcounsel.com/medi-cal-asset-limits-return-what-you-need-to-know/) - I don’t know about you, but when the State of California announced a few years back that it would remove assets as a factor in all Medi-Cal eligibility, I thought it was too good to be true. Turns out, it was true, but it was just too good to last for very long. Pursuant to - [Why Seniors Need a Real Estate Specialist for Life’s Biggest Move](https://absolutetrustcounsel.com/why-seniors-need-a-real-estate-specialist-for-lifes-biggest-move/) - For older adults, deciding to sell a longtime home is rarely just about real estate—it’s often about closing a chapter, managing complex emotions, and navigating financial, legal, and logistical changes all at once. While most real estate agents can list a home, only some are trained to walk seniors through this kind of life transition - [185: Are You Risking Everything? The Insurance Your Business Can't Operate Without](https://absolutetrustcounsel.com/185-are-you-risking-everything-the-insurance-your-business-cant-operate-without/) - Many business owners purchase insurance without truly understanding what they’re buying or what critical coverage they might be missing. Host Kirsten Howe addresses this knowledge gap by welcoming Dean Myers, owner of Core Insurance Agency, to reveal the fundamental insurance coverage every business owner needs before opening their doors. Dean, who specializes in errors and - [Spring Cleaning for Your Life: Why Your Estate Plan May Need a Refresh in 2025: The Top 5 Things to Spring Clean in Your Estate Plan](https://absolutetrustcounsel.com/12764-2/) - As you begin to declutter your garage, empty out your closets of old clothes from a decade ago, and freshen up your home this Spring, it may be the perfect time to do a little “life cleaning” to ensure your life planning documents are in order, up to date, and have reflected any life events - [175: The Valuation Puzzle: What Your Assets Are Really Worth: Part 2](https://absolutetrustcounsel.com/175-the-valuation-puzzle-what-your-assets-are-really-worth-part-2/) - In this episode of Absolute Trust Talk, host Kirsten Howe continues her valuation discussion with expert Alex Spaete from Bridge Forensic CPAs, exploring the intricacies of asset valuation. The discussion focuses on how privately held assets are valued, particularly examining discount factors applied to LLC interests based on control limitations and marketability constraints. Alex explains - [174: Part 1: The Valuation Puzzle: What Your Assets Are Really Worth](https://absolutetrustcounsel.com/174-part-1-the-valuation-puzzle-what-your-assets-are-really-worth/) - In this insightful episode of Absolute Trust Talk, host Kirsten Howe welcomes Alex Spaete, a valuation expert and partner with Bridge Forensic CPAs. In part one of their discussion, Kirsten and Alex explore the complex world of asset valuation, particularly focusing on closely held businesses and real estate holding partnerships. Alex explains why valuing private - [5 Ways You Can Fill Out a Beneficiary Designation Form (and Who You Can Nominate!)](https://absolutetrustcounsel.com/5-ways-you-can-fill-out-a-beneficiary-designation-form-and-who-you-can-nominate/) - You have heard the common estate planner saying, “make sure your beneficiary designation forms are filled out!” Yet, one of the most critical and often overlooked aspects of the estate planning process is properly filling out a beneficiary designation form after creating an estate plan. Beneficiary designation forms are filled out for retirement accounts like - [Five Milestones for Young Adults That Reveal a Need for an Estate Plan](https://absolutetrustcounsel.com/five-milestones-for-young-adults-that-reveal-a-need-for-an-estate-plan/) - As young adults embark on the journey toward independence, many significant milestones exist to celebrate. From securing your first job to getting married or purchasing a home, each milestone presents new opportunities and responsibilities. While estate planning might seem reserved for older individuals, it is a crucial step to take as soon as you reach - [The Top 10 Passwords and Asset Information to Write Down for Your Trustee](https://absolutetrustcounsel.com/the-top-10-passwords-and-asset-information-to-write-down-for-your-trustee/) - When planning your estate, providing your trustee with essential passwords and information about your assets can save your loved ones significant time, stress, and legal hurdles (expense!) in creating a seamless trust administration after you become incapacitated or pass away. Proper preparation ensures your estate is managed smoothly and according to your wishes. Below are - [What You Need to Know About AB 2016: 3 Changes to Probate Law Coming in 2025](https://absolutetrustcounsel.com/what-you-need-to-know-about-ab-2016-3-changes-to-probate-law-coming-in-2025/) - One of the noteworthy pieces of legislation passed in 2024 was Assembly Bill 2016 (AB 2016), which aims to address accessibility, efficiency, and fairness within California's probate procedures. Probate is the court process through which a deceased person’s assets are administered and distributed to beneficiaries and heirs. It can be a complex, time-consuming, and expensive - [How to Protect Separate Property in Estate Planning](https://absolutetrustcounsel.com/how-to-protect-separate-property-in-estate-planning/) - How to Protect Separate Property in Estate Planning Estate planning in California can be complex, significantly when differentiating between separate and community property. This distinction is crucial for ensuring your assets are distributed according to your wishes. In this blog post, we’ll focus on individual property, what it entails, how it is handled in California - [The Do’s and Don’ts of Discussing Your Estate Plan This Holiday Season](https://absolutetrustcounsel.com/the-dos-and-donts-of-discussing-your-estate-plan-this-holiday-season/) - As the cooler weather dawns upon us, we cannot help but feel the nostalgia of the Holiday season looming in the distance. The Holidays inevitably bring together loved ones from all over to share in the celebration of family, gratitude, and the togetherness of people from near and far. Because having all your loved ones - [Understanding the Corporate Transparency Act: A Guide for Estate Planning Clients](https://absolutetrustcounsel.com/understanding-the-corporate-transparency-act-a-guide-for-estate-planning-clients/) - Understanding the Corporate Transparency Act: A Guide for Estate Planning Clients The Corporate Transparency Act (CTA), enacted as part of the National Defense Authorization Act for Fiscal Year 2021, represents a significant shift in corporate regulatory compliance. As an estate planning attorney, it is crucial to ensure that my clients are aware of this legislation - [Trustee and Executor Dos and Don'ts](https://absolutetrustcounsel.com/trustee-and-executor-dos-and-donts/) - Do you know what you’re supposed to do when a family member dies and names you their executor or trustee? There are so many tasks and responsibilities to take care of, you definitely need to talk to an attorney to make sure you don’t miss any steps. We find that there are some common mistakes - [055: How Will Prop 19 Impact Your Estate Plan on February 16th](https://absolutetrustcounsel.com/055-how-will-prop-19-impact-your-estate-plan-on-february-16th/) - Proposition 19 is a ballot measure passed in the November 2020 election in the state of California that significantly changes the property taxes on real estate inherited by children from their parents. And not in a good way. Under this proposition, a parent can only transfer the primary residence (either by gift, by inheritance or - [Why You Should Keep Your Power of Attorney Up to Date](https://absolutetrustcounsel.com/why-you-should-keep-your-power-of-attorney-up-to-date/) - A power of attorney is an essential part of a comprehensive estate plan. It is common to create your entire estate plan and only think about updating your will and trust as your thoughts on distributing your property may change. However, it is imperative to make sure that you keep other documents up to date - [Why You Should Not Put a Child on the Deed to Your Property](https://absolutetrustcounsel.com/why-you-should-not-put-a-child-on-the-deed-to-your-property/) - A client recently asked about leaving property to his only child and wanted to know if he could add his child on title to his home rather than using a trust. The client wanted to use joint tenancy to avoid probate and smooth transition between parent and child. While my client was correct about avoiding - [Increase in Nursing Homes Relying on Drugs to Restrain Patients](https://absolutetrustcounsel.com/increase-in-nursing-homes-relying-on-drugs-to-restrain-patients/) - In 1987, President Reagan signed a ban on the use of drugs in nursing homes that were prescribed to chemically restrain patients, unless the medications are needed for that patient or other residents' safety. However, in September 2021, the New York Times has reported that antipsychotic drugs were frequently used on dementia patients in the - [Tips to Avoid Scammers and the Facts About Government Agencies](https://absolutetrustcounsel.com/tips-to-avoid-scammers-and-the-facts-about-government-agencies/) - There has been an increase in scams involving people impersonating the government. Scammers say they are from the IRS, Medicare, Social Security Administration, and even the FBI. Most of these scams target seniors and pray on them using fear tactics or promises of big money. Here are a few examples and facts about the government - [What is a Right of Occupancy? And do you need one?](https://absolutetrustcounsel.com/what-is-a-right-of-occupancy-and-do-you-need-one/) - When a family member passes away, family dynamics are often drastically changed. Even more so when other family members are living in the decedent's family home, which can occur in a few different ways; thus, pre-planning with a right of occupancy spelled out in your trust can avoid any ambiguities and clarify who owns the - [Sandwich Generation Issues: Avoiding Heartache & Creating a Legacy](https://absolutetrustcounsel.com/sandwich-generation-issues-avoiding-heartache-creating-a-legacy/) - Absolute Trust Counsel Associate Attorney Madison Gunn was recently asked to be a part of Cal State East Bay’s Alumni Financial Literacy Series. This program explores factors that may affect financial and estate planning decision-making, and we’re honored for the opportunity to support Madison and share this presentation with you. The event was hosted by - [An App for Cremation?](https://absolutetrustcounsel.com/an-app-for-cremation/) - What if you could order a cremation for your loved one from their bedside? It would certainly avoid the need to research and find a funeral home. In addition, it avoids a visit to the funeral home and the potential for employees to try and upsell your every decision. For basic cremation with the delivery - [Absolute Trust Counsel Associate Attorney, Madison Gunn Interview: National Aging in Place Council Podcast: Conversations with Tara & Ryan](https://absolutetrustcounsel.com/absolute-trust-counsel-associate-attorney-madison-gunn-interview-national-aging-in-place-council-podcast-conversations-with-tara-ryan/) - Absolute Trust Counsel Associate Attorney Madison Gunn was recently asked for an interview on the National Aging in Place Council Podcast, Conversations with Tara & Ryan. The National Aging in Place Council is a senior support network that helps older Americans remain as independent as possible while they age in their homes. This podcast supports - [Significant Changes Coming to Medi-Cal](https://absolutetrustcounsel.com/significant-changes-coming-to-medi-cal/) - The Aged and Disabled Medi-Cal program pays for long-term care in a skilled nursing facility and care at home through In Home Support Services (IHSS). In order to qualify for this type of Medi-Cal, you must meet an income test, or have a share of cost if your income is too high, and you are - [Why Do I Have to File a Probate if My Family Member Had a Trust?](https://absolutetrustcounsel.com/why-do-i-have-to-file-a-probate-if-my-family-member-had-a-trust/) - In California, owning assets in a revocable trust enables your family to avoid probate, a court process used to transfer assets to beneficiaries of a will or the decedent’s heirs. One of the main reasons to create a trust is to avoid probate. Unfortunately, more often than we would like, when we assist clients with - [New Duties for Successor Trustees When Settlor is Incapacitated](https://absolutetrustcounsel.com/new-duties-for-successor-trustees-when-settlor-is-incapacitated/) - Effective January 1, 2022, California Probate Code Sections 15800 and 16069 are amended by Assembly Bill 1079. The change in law affects Trustees who assume their role when the settlor or trustor (the creator of the trust) becomes incapacitated. Typically, the person or persons who create a revocable living trust hold the power to be - [Estate Planning and Capacity: Common Conditions that Can Mimic Dementia](https://absolutetrustcounsel.com/estate-planning-and-capacity-common-conditions-that-can-mimic-dementia/) - When completing any estate planning, including a trust, will, power of attorney, or health care directive, the person signing the documents must have what is called "capacity" in order to sign the documents. There are two kinds of capacity in estate planning: testamentary capacity and contractual capacity. Testamentary capacity is a lower form of capacity - [What Important Documents Should You Always Keep Handy?](https://absolutetrustcounsel.com/what-important-documents-should-you-always-keep-handy/) - As estate planning and trust administration attorneys, we run into quite a few issues regularly with clients where the issue can be resolved by looking at specific documents. Often, the clients cannot find those documents, either because they are very old or because they do not appear to be very important. Here we will go - [Legacy Planning 101: Legal Legacy Planning Q&A](https://absolutetrustcounsel.com/legacy-planning-101-legal-legacy-planning-qa/) - Absolute Trust Counsel’s Associate Attorney Madison Gunn was recently asked to be the featured speaker of the ‘Legacy Planning 101’ webinar for the aging community at MyHealthAngel. The mission at MyHealthAngel is to provide “a modern community for seniors that connects and inspires the ageless.” They believe that one’s state of mind largely influences aging - [When is a Discharge from a Nursing Home Proper?](https://absolutetrustcounsel.com/when-is-a-discharge-from-a-nursing-home-proper/) - If a senior has a hospital stay of at least three days and is eligible for rehabilitation, or skilled nursing, in order to improve enough to go home, Medicare will pay for part of that stay. Medicare pays for the first 20 days of the combined hospital and rehab stay. Days 21-100 are covered by - [MyHealthAngel Webinar: Top 6 Legacy Planning Questions](https://absolutetrustcounsel.com/myhealthangel-webinar-top-6-legacy-planning-questions/) - At Absolute Trust Counsel, we’re proud to have a great partnership with MyHealthAngel helping to educate older adults and the aging community on estate and legacy planning topics. Our fabulous associate attorney, Madison Gunn, collaborated with the MyHealthAngel team for the third time to discuss some of the most pressing legacy planning questions. If you - [Heggstad Petitions – What are they and how are they useful?](https://absolutetrustcounsel.com/heggstad-petitions-what-are-they-and-how-are-they-useful/) - History Heggstad petitions are named after the California court case, Estate of Heggstad. Mr. Heggstad created a living trust and identified the assets he wanted in the trust by filling out a schedule of assets attached to his trust. Unfortunately, Mr. Heggstad died before he could retitle those assets into the name of his trust. Wanting - [New California Law: Supported Decision-making](https://absolutetrustcounsel.com/new-california-law-supported-decision-making/) - Assembly Bill 1663 went into effect on January 1, 2023 amending the California Welfare and Institution Code to add new sections enacting the Supported Decision-making law. The law formalizes supported decision-making in order to reduce the number of people who might otherwise have their rights removed by a conservatorship. What is supported decision-making and how - [Helping Clients Replace Themselves with Special Needs Planning](https://absolutetrustcounsel.com/helping-clients-replace-themselves-with-special-needs-planning/) - For parents of special needs children, the estate plan is much more than a vehicle for the transfer of wealth to the next generation. The plan must take the parents’ place in their child’s life. For parents whose child will always require the care of someone else, just the thought of what the child’s life - [Estate Planning for College Students](https://absolutetrustcounsel.com/estate-planning-for-college-students/) - It might be the dog days of summer, but many young adults are looking at leaving for college for the first time or gearing up to head back to college after some quality time with the family. People view estate planning as something that they do when they start acquiring significant assets, have children, or - [Life Stages of Services for a Special Needs Family](https://absolutetrustcounsel.com/life-stages-of-services-for-a-special-needs-family/) - Having a special needs child is a unique and often challenging journey that requires a lot of support and a comprehensive understanding of the services and resources available at each life stage. From early childhood to adolescence and adulthood, families of special needs children encounter a range of opportunities and challenges that can be better - [Common Issues That Arise in Administering a Trust That Holds Real Property: Part I](https://absolutetrustcounsel.com/common-issues-that-arise-in-administering-a-trust-that-holds-real-property-part-i/) - Real property is often the most complicated trust asset for trustees to manage. Trustees often want to do their best while also pleasing the beneficiaries, who are often their siblings or family members, and still follow the terms of the trust. This four-part series will discuss common scenarios in our trust administrations involving real estate. - [Common Issues that Arise in Administering a Trust that Holds Real Property: Part II](https://absolutetrustcounsel.com/common-issues-that-arise-in-administering-a-trust-that-holds-real-property-part-ii/) - For this four-part series, we are discussing very common scenarios that we see in our trust administrations where real estate is involved. Real estate, particularly the family home, often has emotional and sentimental components that throw a wrench in trust administrations. Beneficiaries often have different ideas of what to do with the family home. We - [Common Issues that Arise in Administering a Trust That Holds Real Property: Part III](https://absolutetrustcounsel.com/common-issues-that-arise-in-administering-a-trust-that-holds-real-property-part-iii/) - For this four-part series, we are discussing very common scenarios that we see in our trust administrations where real estate is involved. Real estate, particularly the family home, often has emotional and sentimental components that can throw a wrench in trust administrations. Beneficiaries often have conflicting ideas of what to do with the family home. - [Common Issues that Arise in Administering a Trust that Holds Real Property: Part IV: How to Use Estate Planning to Avoid Real Estate Headaches](https://absolutetrustcounsel.com/common-issues-that-arise-in-administering-a-trust-that-holds-real-property-part-iv-how-to-use-estate-planning-to-avoid-real-estate-headaches/) - Over the past few months, we have discussed three very common scenarios where real estate is involved in a trust administration and where beneficiaries may not agree or have different ideas of what to do with the real estate. Part I of this series tackled the common issue of one sibling wanting to keep the - [Issues Arising From Assets Titled in One Spouse’s Name Alone](https://absolutetrustcounsel.com/issues-arising-from-assets-titled-in-one-spouses-name-alone/) - Many people believe that everything automatically passes to their spouse upon their death, regardless of how property is titled or any estate planning documents prepared. In some cases, this may be true. However, there are several situations where this may not be the case, and the surviving spouse may either not receive the property or - [Key Considerations for Estate Planning for Unmarried Couples](https://absolutetrustcounsel.com/key-considerations-for-estate-planning-for-unmarried-couples/) - Many couples are choosing to wait longer to get married, or choosing to not get married at all while sharing a life and co-owning property together. Estate planning can be especially important for unmarried couples in these situations. While marriage offers certain legal protections, unmarried couples face unique challenges when it comes to estate planning, - [Planning for the Inevitable: What Happens to US Savings Bonds After You Die](https://absolutetrustcounsel.com/planning-for-the-inevitable-what-happens-to-us-savings-bonds-after-you-die/) - Death is a topic many of us prefer to avoid, but as responsible adults, planning for the future includes considering what will happen to our assets when we're no longer around. US Savings Bonds are a common investment choice for many Americans due to their low risk and reliability. However, what happens to these bonds - [Drawbacks of Transfer on Death Deeds in California](https://absolutetrustcounsel.com/drawbacks-of-transfer-on-death-deeds-in-california/) - Transfer on Death (TOD) deeds gained legal recognition in 2016 as a means of transferring real property outside of probate in California. Since then, TOD deeds have emerged as a popular estate planning tool, offering a streamlined alternative to probate for transferring real estate assets. A TOD deed is a legal document that allows real - [Special Needs Planning – Making the Trust Work Over Many Years - Part 1](https://absolutetrustcounsel.com/special-needs-planning-making-trust-work-many-years-part-1/) - Special Needs Trusts (SNTs) are different from other trusts that we use in estate planning in many ways. One of those ways has to do with the number and variety of the participants, both family members and professionals, whose assistance is needed. The roles of some of these participants must be clearly defined in the - [Preserving Low Property Taxes When You Move](https://absolutetrustcounsel.com/preserving-low-property-taxes-when-you-move/) - If you are over the age of 55 and thinking about moving, consider this: you may be able to take your low property taxes with you to your new home. Thanks to Proposition 13, which was passed by California voters in 1978, real estate in California is no longer reassessed at its fair market value - [027: Is Medi-Cal for Me? Long-Term Care for Disabled People Over 65](https://absolutetrustcounsel.com/027-is-medi-cal-for-me-long-term-care-for-disabled-people-over-65/) - Are you worried that you will end up spending all of your savings on nursing home care? Yes, nursing home care does cost A LOT of money. And a high number of us will eventually be in a nursing home at some point. But it is possible, with proper planning, to become eligible for Medi-Cal if - [Trustee Compensation is a Complex Issue](https://absolutetrustcounsel.com/trustee-compensation-complex-issue/) - When MaryAnne’s father died, she was quite surprised to learn that she had been named trustee of the family trust. After all, her brother, Daniel, was a banker, and her sister, Katy, was a lawyer. She was a wife and mother with an unused elementary education degree. “Why would Dad name me trustee?” MaryAnne asked. - [044: Estate Administration: Executor & Trustee Dos & Don’ts](https://absolutetrustcounsel.com/044-estate-administration-executor-trustee-dos-donts/) - Being named as the executor or trustee of an estate is a big job. There are many tasks and responsibilities to take care of. And on top of that, it’s hard to imagine being able to make these important financial and legal decisions while grieving. A lot of times, people have no idea where to - [010: Thinking Outside the Family – Special Needs Trusts & Professional Fiduciaries](https://absolutetrustcounsel.com/thinking-outside-the-family-special-needs-trusts-professional-fiduciaries/) - In this episode of Absolute Trust Talk, Kirsten welcomes Herb Thomas, founder and principal fiduciary of Herb Thomas and Associates. Herb has a big passion for people, which is shown through his extensive experience serving families throughout California with special needs trusts, public benefits counseling and advocacy, trust/estate administration, and conservatorships. He is also a - [Mortgage Loans to Irrevocable Trusts and Probate Estates](https://absolutetrustcounsel.com/mortgage-loans-to-irrevocable-trusts-and-probate-estates/) - There are a number of situations where a borrower doesn’t qualify for a traditional loan and that’s often true in solving the challenges of real estate lending for irrevocable trusts and probate estates. Conventional lenders are reluctant to lend money to these entities, refusing loan approval until the entity has been dissolved and title converted - [Clear Language Essential When Drafting Trusts](https://absolutetrustcounsel.com/clear-language-essential-when-drafting-trusts/) - Margo stormed into her diner, slapped a newspaper down in front of her sister, Irene, and exclaimed, “Look at this! This could happen to us!” Irene glanced at the paper and her face scrunched up in confusion. “What on earth do we have in common with Tom Petty?” She peered up at her sister. “He - [064: Trust Failures: Don’t Let This Happen to You](https://absolutetrustcounsel.com/064trust-failures-dont-let-this-happen-to-you/) - 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 - [What is “Funding” your trust? And Why is it Critical?](https://absolutetrustcounsel.com/what-is-funding-your-trust-and-why-is-it-critical/) - We know that it is daunting and downright difficult for some to set up their estate plan. People are forced to think about the inevitable and make these decisions about who will do what and how their assets will be divided. The final signing appointment is usually followed by a sigh of relief with the - [What Does It Mean When Someone Names You As Trustee Of Their Trust?](https://absolutetrustcounsel.com/what-does-it-mean-when-someone-names-you-as-trustee-of-their-trust/) - A revocable living trust is a document that an individual or couple creates to own their assets and it outlines how their assets should be managed either during their incapacity or after their death. It is typically created to avoid probate, which is the court-supervised process of distributing a person’s estate, either via their will - [040: How to Avoid the Most Common Estate Planning Mistake](https://absolutetrustcounsel.com/040-how-to-avoid-the-most-common-estate-planning-mistake/) - Now that we’ve settled into somewhat of a new normal for the time being, people are thinking about getting things in order. There is still a sense of urgency, but many are taking the time to review their estate plans to make sure everything is in place, or are taking steps to put a new - [052: Estate and Financial Planning with Life Insurance](https://absolutetrustcounsel.com/052-estate-and-financial-planning-with-life-insurance/) - When it comes to life insurance, most of us think of it as a death benefit when someone dies too soon. However, when used strategically, it can do so much more. In estate and retirement planning, it can be used as a complementary financial tool to help you meet specific goals or help secure financial - [057:Estate Tax Returns: Why You Might Want to File Anyway](https://absolutetrustcounsel.com/057estate-tax-returns-why-you-might-want-to-file-anyway/) - Because the federal estate tax exemption is so high, currently set to $11,700,000, many people believe their families won’t have to worry about filing a federal estate tax return (IRS Form 706) on their deaths. And while this may be true to a certain extent, there are also benefits that come with filing an - [What The SECURE Act Might Mean for You and Your Estate Plan](https://absolutetrustcounsel.com/what-the-secure-act-might-mean-for-you-and-your-estate-plan/) - On December 20, 2019, President Trump signed into law the Setting Every Community Up for Retirement Enhancement Act (the “SECURE Act”), and it became effective on January 1, 2020. The SECURE Act has made several changes to the administration of retirement accounts. One big change is that it increases the required beginning date for required - [Estate Planning Lessons, Celebrity Edition: Aretha Franklin](https://absolutetrustcounsel.com/estate-planning-lessons-celebrity-edition-aretha-franklin/) - This is another installment in our very occasional series on estate planning lessons learned from celebrities. By now you all have heard the sad news that Aretha Franklin has died. She left behind a rich legacy of music she recorded for our enjoyment over her long career. But what she apparently did not leave behind - [Choose Your Executor Wisely](https://absolutetrustcounsel.com/choose-executor-wisely/) - Robert Manning thought long and hard about the appointment of the executor of his will. He could appoint his wife, but there was a chance he might outlive her. And his wife tended to get a bit scattered when under pressure. Robert wasn’t sure if she could withstand the constant harping of relatives he was sure would show up expecting a handout. - [Changes to Social Security, Medicare, Medi-Cal and Estate Tax Rates for 2018](https://absolutetrustcounsel.com/changes-social-security-medicare-medi-cal-estate-tax-rates-2018/) - Each year, the Social Security, Medicare and Medi-Cal programs have the potential to adjust rates for programs that benefit many of our clients, who are dependent, at least partially, on these programs for support or care. We think it is helpful to review some of the changes to these programs this year. The Social Security - [031: Do You Have a Firearm in Your Estate Plan?](https://absolutetrustcounsel.com/031-do-you-have-a-firearm-in-your-estate-plan/) -  Many people are lawful owners of firearms. And if you are the lucky inheritor of a firearm in the state of California, it is your responsibility to ensure the transfer is handled legally – within the scope of state and federal laws. Interestingly enough, - [Estate Planning Lessons, Celebrity Edition: Nichelle Nichols](https://absolutetrustcounsel.com/estate-planning-lessons-celebrity-edition-nichelle-nichols/) - This is another installment in our very occasional series on estate planning lessons learned from celebrities. The actress Nichelle Nichols, 85, who is most famous for portraying Lieutenant Uhura on the original “Star Trek,” is currently the subject of a conservatorship battle pending in Los Angeles Superior Court. Ms. Nichols’ son, Kyle Johnson, filed the - [Executor Fees for a Probate Case](https://absolutetrustcounsel.com/executor-fees-probate-case/) - A personal representative (or “ executor”) of an estate has many tasks and responsibilities. However, the California Probate Code allows a personal representative to claim a fee for services. The amount of compensation an executor may receive is based on the total value of the probate estate. The value of a probate estate is the - [Issues With Probate – Part I](https://absolutetrustcounsel.com/issues-probate-part/) - No Will? No Way! Dying without a Will is a bit like playing Russian roulette. It leaves the distribution of your assets to chance. A Last Will and Testament not only declares your final wishes as to the distribution of your property, it ensures that those wishes are carried out properly. Upon death, a Will is filed with the local probate court, and it is that court’s job to oversee the distribution of your assets as set forth in that document. When you die without a Will, however, the state determines how your assets will be distributed and that distribution is made by a preset formula. Your desires no longer matter. - [Using Small Estate Affidavits to Transfer Assets](https://absolutetrustcounsel.com/using-small-estate-affidavits-to-transfer-assets/) - In California, a document called a small estate affidavit may be used to transfer an estate's assets to the proper beneficiaries without having to open a formal probate proceeding with the court. To use a small estate affidavit, the estate must meet the following basic legal requirements: The basic requirements to use a small estate - [Potential Estate Plan Issues Arising from Bonus Children](https://absolutetrustcounsel.com/potential-estate-plan-issues-arising-from-bonus-children/) - Imagine this scenario: your cousin, David, dies without an estate plan here in California. He had no children or further descendants. He has no living siblings, parents, grandparents, or aunts or uncles, but he does have you, his first cousin on his dad’s side. His only first cousin that you are aware of. You petition - [Tips: How to Avoid Running Out of Money When Inflation Strikes](https://absolutetrustcounsel.com/tips-how-to-avoid-running-out-of-money-when-inflation-strikes/) - The cost of living is on the rise and is said to keep rising. Compared to last year, there is a 7.9% rise in consumer prices, and this is the highest rise in 40 years, skyrocketing the current cost of living. Even though it was a win-lose situation, the US has had a brief period - [Kirsten Howe Interview on A Place of Possibility™ Podcast: Make Sure Your Estate Plan Still Works for You and Your Family](https://absolutetrustcounsel.com/kirsten-howe-interview-a-place-of-possibility-podcast-make-sure-your-estate-plan-still-works-for-you-and-your-family/) - A 2022 survey conducted by Caring.com revealed that 1 in 3 Americans, who do not have a will or living trust, believe that they don’t own enough assets to make the process worthwhile. As an expert in the field with well over 20 years of experience, and serving clients from all walks of life, it’s - [Can Medi-Cal Pay for Dementia Care?](https://absolutetrustcounsel.com/can-medi-cal-pay-for-dementia-care/) - We work with so many families who are struggling with dementia. Understanding how to deal with dementia is a growing problem in our society as the average age of our population continues to increase. We have all heard the statistic that 10,000 people become eligible for Medicare every day by turning 65. Every day. And caring - [How to Retire on a Lump Sum Pension](https://absolutetrustcounsel.com/how-to-retire-on-a-lump-sum-pension/) - We are excited to have podcasters Richard Del Monte and Angela Wright of the Del Monte Group join us today at Absolute Trust Counsel as guest bloggers. For over 35 years, Del Monte Group has been helping individuals, families, and closely-held businesses solve complex problems involving financial, tax, and estate concerns with unique integrated wealth - [Senior Living Options](https://absolutetrustcounsel.com/senior-living-options/) - As you and your loved ones age, you might wonder what are the available options for housing for seniors, and what is the right fit? The good news is that there are several broad options for senior housing and within each option is a spectrum of smaller options to best meet your needs. We will - [068: What You Need to Know Before Choosing a Medicare Plan](https://absolutetrustcounsel.com/068-what-you-need-to-know-before-choosing-a-medicare-plan/) - 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 - [067: Estate Planning Challenges with Real Estate](https://absolutetrustcounsel.com/067-estate-planning-challenges-with-real-estate/) - 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 - [066: End-of-Life Care Decisions: Balancing Technology with Compassion](https://absolutetrustcounsel.com/066-end-of-life-care-decisions-balancing-technology-with-compassion/) - 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 - [Estate Planning for New Graduates](https://absolutetrustcounsel.com/estate-planning-for-new-graduates/) - Summer is here and graduation season is in full swing. It has been a tough year for our high school seniors with most of their senior year activities canceled due to Covid-19 restrictions. Hopefully, with restrictions lifting, they are looking forward to catching up on summer activities and being able to go off to college - [Veterans’ Compensation for Agent Orange Exposure](https://absolutetrustcounsel.com/veterans-compensation-for-agent-orange-exposure/) - The Veteran’s Administration has two major financial programs for Veterans: Compensation and Pension. VA Compensation is a benefit paid on the basis of the kind and severity of a disability that occurred as a result of active duty military service. VA Pension is a benefit paid on the basis of a disability that was not - [062: Hiring Home Caregivers: Know the Law](https://absolutetrustcounsel.com/062-hiring-home-caregivers-know-the-law/) - 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 - [061: Keys to a Successful Transfer of Wealth](https://absolutetrustcounsel.com/061-keys-to-a-successful-transfer-of-wealth/) - 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 - [What happens to your retirement accounts when you die?](https://absolutetrustcounsel.com/what-happens-to-your-retirement-accounts-when-you-die/) - This seems like a simple question, right? My retirement goes to the person I listed as my beneficiary (spouse, kids, etc.). Most of the time this is true, yet we also get a fair share of people having to file a probate for an IRA or having to request the court to allow someone to - [060: Navigating the World of Senior Living Communities](https://absolutetrustcounsel.com/navigating-the-world-of-senior-living-communities/) - 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 - [2021 Medi-Cal Resource Updates](https://absolutetrustcounsel.com/2021-medi-cal-resource-updates/) - The California Department of Health Care Services recently announced new Medi-Cal resource numbers for 2021. In All County Welfare Directors Letter (ACWDL) 20-27 the Community Spouse Resource Allowance (CSRA) was increased to $130,380 and the Minimum Monthly Maintenance Needs Allowance (MMMNA) was increased to $3,260 for 2021. The CSRA is the amount of non-exempt assets that the - [Is now a good time to incorporate gifting into your estate plan?](https://absolutetrustcounsel.com/is-now-a-good-time-to-incorporate-gifting-into-your-estate-plan/) - You may or may not already have your estate planned for when you die, but did you know that you can also make gifting your assets while you are alive a part of your estate plan? Most people are aware that you, as an individual, can gift up to $15,000 per year to any other - [059: Resolving Family Conflict Through Elder Mediation](https://absolutetrustcounsel.com/059-resolving-family-conflict-through-elder-mediation/) - 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 - [058: The Importance of Guardianship in Your Estate Plan](https://absolutetrustcounsel.com/058-the-importance-of-guardianship-in-your-estate-plan/) - If you have minor children, nominating a guardian for them in case of your death or incapacity is one of the most important reasons to do an estate plan. For many families, the choice is not easy, and they end up procrastinating. Think of it this way, do you want a judge, who may know - [Why You Should Consider Your Digital Assets in Your Estate Plan](https://absolutetrustcounsel.com/why-you-should-consider-your-digital-assets-in-your-estate-plan/) - When people write down their assets in conjunction with their estate planning, they often overlook their digital assets. Digital assets are considered to be any electronic record that you own or control. This can include Venmo, PayPal, Zelle, or other online accounts. It can also include cryptocurrency, such as Bitcoin, social media pages, online photos, - [056: 5 Mistakes to Avoid When Moving Senior Parents](https://absolutetrustcounsel.com/056-5-mistakes-to-avoid-when-moving-senior-parents/) - Unfortunately, there comes the point in life when the family home becomes a burden, whether that is emotionally, physically, or financially. And, usually, downsizing might seem like the way to go, but it doesn’t come without complications. There is so much more to moving and downsizing in the aging journey. It’s not just about buying - [054: How to Use Reverse Mortgages as a Financial Tool](https://absolutetrustcounsel.com/054-how-to-use-reverse-mortgages-as-a-financial-tool/) -  In the past, reverse mortgages have had a negative connotation associated with them due to high fees and a lack of understanding of what they were and why they are being purchased. Nowadays, we see a rise in popularity among older adults and seniors - [053: Planning For Young Families](https://absolutetrustcounsel.com/053-planning-for-young-families/) - When it comes to planning for a young family, whether it is financial or estate planning, it’s never too early to get started. Typically, young families share the same concerns and characteristics. It can be hard to navigate all the tools, information, and strategies that are out there. Many may put planning off or choose - [Why You Need an Estate Plan at Every Age](https://absolutetrustcounsel.com/why-you-need-an-estate-plan-at-every-age/) - Estate planning is not just for seniors. Ideally, as soon as you turn eighteen you should have some version of an estate plan because your parents are no longer automatically able to make decisions or act on your behalf. There are several reasons to create a power of attorney for finances once you turn eighteen. - [Dayna Wilson and Kirsten Howe talk about the recent election and Proposition 19](https://absolutetrustcounsel.com/interview-dayna-wilson/) - If Proposition 19 is passed, does that mean I have to make changes to my estate planning documents? Listen to this short interview with Dayna Wilson of Keller Williams Real Estate and Kirsten Howe of Absolute Trust Counsel to find out. [Ad] Calling all neighbors in the Walnut Creek area and beyond! At Absolute Trust - [051: Financial Planning for Women in Transition](https://absolutetrustcounsel.com/051-financial-planning-for-women-in-transition/) - Taking over control of finances and your financial future can be overwhelming, especially for women who may be experiencing divorce, a spouse’s death, or another major life event. However, it can be done smoothly and with peace of mind. In a new episode of Absolute Trust Talk LIVE, Kirsten welcomes guest Mary Ballin. Mary is - [050: Phishing for More: What You Need to Know About the Latest COVID Scams](https://absolutetrustcounsel.com/050-phishing-for-more-what-you-need-to-know-about-the-latest-covid-scams/) - Fraudulent schemes aren’t uncommon, especially among our senior populations. Since COVID began, we’ve seen a few interesting twists pop up. Scammers have become even more creative at seizing opportunities as they arise. That’s why it is vital to take the necessary steps to protect yourself, your loved ones, and your assets. In a new episode - [What You Need to Know About Proposed Property Tax Changes on the November 3 Ballot](https://absolutetrustcounsel.com/what-you-need-to-know-about-proposed-property-tax-changes-on-the-november-3-ballot/) - Prop 15: The California Schools and Local Communities Funding Act of 2020 Ballot Title: Increases Funding for Public Schools, Community Colleges, and Local Government Services by Changing Tax Assessment of Commercial and Industrial Property. Initiative Constitutional Amendment. Proposition 15 is a proposed amendment to the California State Constitution which would require commercial and industrial property - [Is an ABLE Account Right for Every Disabled Person? (Part Two of Two Parts)](https://absolutetrustcounsel.com/is-an-able-account-right-for-every-disabled-person-part-two-of-two-parts/) - The passage of the U.S. Achieving a Better Life Experience Act of 2014 (ABLE) enabled millions of disabled Americans to save money without losing means-based benefits, such as Supplemental Security Income (SSI) and Medi-Cal. Currently, anyone with more than $2,000 in countable assets is ineligible for most means-based programs. Prior to ABLE, it was impossible - [049: The Elder Care Journey – Part 3: Emergency Preparedness](https://absolutetrustcounsel.com/049-the-elder-care-journey-part-3-emergency-preparedness/) - It’s easy to say, “when disaster strikes, be prepared,” but how easy is it to move hundreds or thousands of long-term care residents when a fire or flood is bearing down on a facility? How do you know a family member will be safe and taken care of? The good news is that facilities are - [048: The Elder Care Journey – Part 2: Incapacity Planning](https://absolutetrustcounsel.com/048-the-elder-care-journey-part-2-incapacity-planning/) - Estate planning is an interesting topic, usually because most people immediately think we’re talking about planning for their death. But what happens if you are unable to make decisions for yourself? Incapacity planning is one of the most critical planning strategies you can implement because things can be challenging for your family without it. In - [Do I need to include my music in my estate plan?](https://absolutetrustcounsel.com/do-i-need-to-include-my-music-in-my-estate-plan/) - Rusty stared at the estate planning attorney, perplexed. “Why do you need a list of every song I’ve ever written, even if they haven’t been published? That sounds like a waste of time. Those are just my pickin’s, they aren’t worth anything.” The attorney peered at him through her reading glasses. “And what happens if - [047: The Elder Care Journey – Part 1: Different Types of Elder Care Explained](https://absolutetrustcounsel.com/047-the-elder-care-journey-part-1-different-types-of-elder-care-explained/) - The elder care journey is called a journey for a reason. It’s not linear, and many times people won’t know what will happen to them as they age. And while it is hard to predict, it’s not impossible to plan for, but it is essential to recognize that the type of care needed and how - [An Option for Seniors Who Cannot Afford Their Property Taxes](https://absolutetrustcounsel.com/an-option-for-seniors-who-cannot-afford-their-property-taxes/) - The California State Controller’s Office administers the Property Tax Postponement program that allows eligible homeowners to postpone paying their property taxes on their primary residence. The program allows for the deferral of the payment and secures repayment by placing a lien on the property, or if the home is a manufactured or mobile home, by - [045: California Exit Strategy: Trends, Moving Planning, and More](https://absolutetrustcounsel.com/045-california-exit-strategy-trends-moving-planning-and-more/) - Reasons to move out of California, or if you’re thinking more local, out of the Bay Area, may range from a lower cost of living, lower taxes, less crowding, retirement, following family, or simply a change of pace. But it’s no secret that the extensive list of things that need to be done for moving - [042: Caring for a Loved One with Dementia: The Beginning](https://absolutetrustcounsel.com/042-caring-for-a-loved-one-with-dementia-the-beginning/) - When a loved one is diagnosed with Alzheimer’s or Dementia, a spouse, partner, or family member is thrust into the caregiver role. They are just expected to know what to do and how to do it. There is no conversation about it. The caregiver’s journey is lonely and challenging, taking on more and more responsibility - [Why Californians Might Have to Pay Hawaiian Estate Taxes](https://absolutetrustcounsel.com/why-californians-might-have-to-pay-hawaiian-estate-taxes/) - Many people set up estate plans because they are concerned with having to pay estate or “death” taxes. Currently, if someone dies in 2020, their estate is taxed by the Federal government for every dollar their estate is over $11,580,000. California does not currently impose any estate taxes. But what happens if you own property - [039: COVID-19 and Elder Home Care](https://absolutetrustcounsel.com/039-covid-19-and-elder-home-care/) - Are you looking for a solution to keep the stay at home senior in your life safe during the COVID-19 pandemic? In-home caregivers are considered frontline, essential personnel, and have been prepared to care for seniors in place since long before the worst of Coronavirus. “Our caregivers, that are working in these communities are staying - [038: COVID-19 + Elder Care: What You Need to Know](https://absolutetrustcounsel.com/038-covid-19-elder-care-what-you-need-to-know/) - It’s no secret that our most vulnerable population during this COVID-19 pandemic has been our seniors and older adults. They need extra protection and closer oversight because of the isolation they have been put in. The questions that remain include things like, “Who is there to make sure necessary care doesn’t fall through the cracks?” - [037: Coronavirus Estate Planning Triage](https://absolutetrustcounsel.com/037-coronavirus-estate-planning-triage/) -  Are you a health care worker, or do you have a loved one who is? Then this episode is for you. Health care workers are very special, and we all owe them our gratitude for the work they do, but it’s important, especially now, - [036: How to Protect Against Coronavirus Scams](https://absolutetrustcounsel.com/036-how-to-protect-against-coronavirus-scams/) - Do You Have a Plan That Would Enable a Trusted Family Member to Step in to Protect You from Predators? It’s hard to believe we are living in such scary and uncertain times. Unfortunately, there are still those out there who are taking advantage of that for their financial benefit. The coronavirus has resulted in - [035: Coronavirus Estate Planning](https://absolutetrustcounsel.com/035-coronavirus-estate-planning/) - In uncertain times, like those we’re facing now, we tend to go into panic mode, worrying about everything all at once. With so much on our minds, we don’t realize that there is still an opportunity to take control and be prepared. Have you thought about what would happen if you or a loved one - [Do I Need an Aging Care Manager?](https://absolutetrustcounsel.com/do-i-need-an-aging-care-manager/) - No one knows what will happen as they age. It’s almost impossible to predict the events that may have an impact, such as illness, disability, neurological impairments, or the need for long-term care. Impossible to predict, but not impossible to plan for. That’s why it’s important to hold age-related discussions with spouses, adult family members, - [How to Avoid the Most Common Estate Planning Mistakes](https://absolutetrustcounsel.com/how-to-avoid-the-most-common-estate-planning-mistakes/) - Our clients understand the importance of estate planning. In this time of COVID-19, many people are also feeling a sense of urgency. It is important to remember, though, that the plan is only the beginning. A surprising number of our clients discover, after the death of a family member, that an asset that should have - [COVID 19 + Elder Care What You Need to Know Featuring Nicole Howell](https://absolutetrustcounsel.com/covid-19-elder-care-what-you-need-to-know-featuring-nicole-howell/) - It’s almost surreal how COVID-19 has changed our daily lives, but even more so for those most vulnerable – our older and dependent adults. Unfortunately, those who need the most protection and care have nearly had it all taken away due to no visitation policies. Other than care staff and employees on the frontlines, who - [COVID-19 and Elder Home Care](https://absolutetrustcounsel.com/covid-19-and-elder-home-care/) - We’re all familiar with the news about the devastating spread of COVID-19 through nursing homes, among residents and staff, in the East Bay and beyond. But many of our elder clients receive long-term care in their own homes. The home care industry has had to respond in a variety of ways to ensure continuing quality - [Coronavirus Estate Planning Triage](https://absolutetrustcounsel.com/coronavirus-estate-planning-triage/) - If you are a health care worker or have a loved one who is, this episode is meant for you. Health care workers are very special and we all owe them our gratitude for the work they do. But it’s important that they not allow their instinct to help others to get in the way - [Take Action Today - Plan for All COVID-19 Outcomes](https://absolutetrustcounsel.com/take-action-today-plan-for-all-covid-19-outcomes/) - Do You Have a Plan That Would Enable a Trusted Family Member to Step in to Protect You from Predators? It’s hard to believe we are living in such scary and uncertain times. Unfortunately, there are still those out there who are taking advantage of that for their financial benefit. The coronavirus has resulted in - [Coronavirus Estate Planning](https://absolutetrustcounsel.com/coronavirus-estate-planning/) - Yes, we are living in scary and uncertain times, but you can still take control. It might be challenging to see past today or even tomorrow, but what happens if you or a loved one is impacted by coronavirus? Will your loved ones be protected if something happens to you? Will you get the immediate - [How to Ensure Legal Protection for a Loved One with Dementia](https://absolutetrustcounsel.com/how-to-ensure-legal-protection-for-a-loved-one-with-dementia/) - If you have a loved one with dementia or Alzheimer’s disease, you have already seen how a diagnosis can flip life as you know it upside down. It’s a long road and a lot of work to make sure loved ones with dementia are happy and well cared for. It is imperative to take steps - [034: The Dynamics of Dementia with Dr. Michelle Dhanak](https://absolutetrustcounsel.com/034-the-dynamics-of-dementia-with-dr-michelle-dhanak/) - Dementia is a prevalent disease in our society, our country, and throughout the world. Even though millions of Americans are living with dementia, families are often in the dark. They don’t understand the impact on their loved ones, and they don’t know what’s coming as the disease progresses. Why? Well, there are many reasons, but - [What Should I Look for When Selecting a Memory Care Facility?](https://absolutetrustcounsel.com/what-should-i-look-for-when-selecting-a-memory-care-facility/) - When a loved one is diagnosed with dementia, it is important that they receive the appropriate care at every stage of the disease. In the early stages of dementia, individuals are often capable of living independently with minimal supervision. As the disease progresses, they may require the assistance of family or an aide, or enrollment - [Why You Should Create a Plan for Your Required Minimum Distributions](https://absolutetrustcounsel.com/why-you-should-create-a-plan-for-your-required-minimum-distributions/) - Federal law mandates that you take a required minimum distribution (RMD) from your IRAs by April 1st of 2020 if you turned 70-1/2 in 2019, or by April 1st of the year after you turn 72 (after 2019), thanks to the new SECURE Act passed in December of 2019. Each year after that age you - [Who Needs An Assisted Living Waiver?](https://absolutetrustcounsel.com/who-needs-an-assisted-living-waiver/) - Lisa walked out of nursing home and shook her head. “I really wish we had the ability to care for Mom at home,” she said. “She really doesn’t need to be in a nursing home. She doesn’t need that level of care. All she really needs is someone to check in on her regularly to - [Greg O’Donnell Financial Hour Features Absolute Trust Counsel’s Kirsten Howe](https://absolutetrustcounsel.com/greg-odonnell-financial-hour-features-absolute-trust-counsels-kirsten-howe/) - https://absolutetrustcounsel.com/wp-content/uploads/2020/02/financial-hour_-december-14-2019-2.mp3 When you hear estate planning, you immediately think, “Oh, death planning. We’re planning for what’s going to happen after I pass away, right?” But in reality, it’s the incapacity planning that is the most important because, without it, your family is going to be a mess. If you die without an estate plan, there - [What to Do When Guns Are Part of an Estate](https://absolutetrustcounsel.com/what-to-do-when-guns-are-part-of-an-estate/) - “What a mess,” Leona muttered as she picked through the contents of her deceased father’s garage. “How does one person collect all of this stuff?” She pulled a trunk out from under a pile of rags. “This looks interesting.” She jiggled the padlock that held it closed and it came off in her hand. “Geesh, - [Why Your Estate Plan Needs to Provide for Unknown Heirs](https://absolutetrustcounsel.com/why-your-estate-plan-needs-to-provide-for-unknown-heirs/) - The phone rang. Lynda put down her sandwich and grabbed it. “Probably another telemarketer,” she muttered as she reached for her phone. “They always call during dinner time.” She swiped at the phone in irritation. “Hello?” A soft, female voice said, “May I speak to Lynda Taylor please?” “This is she.” The woman hesitated, then - [Why Your Closely-held Business Needs an Estate Plan](https://absolutetrustcounsel.com/why-your-closely-held-business-needs-an-estate-plan/) - A lot of time and effort goes into building a closely-held business. That’s why it’s important to determine what will happen to the business after your death. A closely-held business is a corporate entity with a limited number of stockholders. Its stock is not traded publicly and its operations generally remain private. Only a limited - [Why Filing for a Conservatorship Can Help Protect a Loved One](https://absolutetrustcounsel.com/why-filing-for-a-conservatorship-can-help-protect-a-loved-one/) - We all think that we can help our parents as they get older and even as they begin to lose capacity. This may be true, but if a parent with dementia can no longer be safe at home, is combative, or can no longer manage their finances or basic needs, what do you do? Many - [032: Extending Your Health Span with Dr. Nancy Rolnik](https://absolutetrustcounsel.com/extending-your-health-span-with-dr-nancy-rolnik/) - We all age, right? It’s a natural part of our life cycle. But unfortunately, we often fail to take advantage of the lifelong opportunities we are given to maximize our health and age gracefully, ensuring we remain healthy and active as we get into our later years. Dr. Nancy Rolnik, who has special expertise in - [Why the PACE Energy Home Improvement Loan May Not Be a Good Deal for Seniors](https://absolutetrustcounsel.com/why-the-pace-energy-home-improvement-loan-may-not-be-a-good-deal-for-seniors/) - Lisa stared at the stranger standing on her doorstep, suspicious. “Good morning, ma’am,” the man said politely. “I noticed you’re in need of a new roof. If that’s not in your budget, I’d like to tell you about an important government program that will loan you the money. And they don’t even run a credit - [Senior Community Centers Offer Many Opportunities](https://absolutetrustcounsel.com/senior-community-centers-offer-many-opportunities/) - Mary shook her head sadly. “I’m telling you, Sue, I have tried everything to get my mom out of the house. Since her friend Betty died, she just sits at home and knits. She and Betty went everywhere together. They were always on a new adventure. Betty’s death was sudden and I expected it would - [026: Expert Advice on Geriatric Care with Linda Fodrini-Johnson](https://absolutetrustcounsel.com/026-expert-advice-on-geriatric-care-with-linda-fodrini-johnson/) - Are you struggling with your aging or taking care of an older loved one? Aging can be overwhelming, but you and your loved ones don’t have to stop living life to the fullest, just because getting older throws you a curveball or presents challenges. If you have the right guidance, direction, navigation, and sound advice - [Don’t Forget Your Medicare Annual Wellness Visit](https://absolutetrustcounsel.com/dont-forget-your-medicare-annual-wellness-visit/) - One benefit available under the Affordable Care Act (sometimes called “Obamacare”) enacted in 2011 is the Medicare Annual Wellness Visit. This yearly appointment with your primary care provider (PCP) is covered under Medicare Part B. It enables you and your PCP to come up with a personalized prevention plan based on your current health and - [Medi-Cal (con’t.) – Nursing Home Income Requirements](https://absolutetrustcounsel.com/medi-cal-cont-nursing-home-income-requirements/) - This is another installment in our series on Medi-Cal planning. We are focusing on the income requirements for Medi-Cal eligibility. In our last blog post we discussed income in the context of in-home care. Here we look at nursing home care. Nursing Home Medi-Cal The income calculation for nursing home Medi-Cal is slightly different from - [How Problems With Using Technology Can Lead to Earlier Dementia diagnosis](https://absolutetrustcounsel.com/how-problems-with-using-technology-can-lead-to-earlier-dementia-diagnosis/) - Sarah let herself into her father’s home, carrying several packages she had found in his mailbox. Her father asked, “What did you bring me?” Sarah frowned. “I found these in your mailbox. Have you been ordering from Sweepstakes, Inc? You know that stuff is junk, right?” Her father shook his head. “Nope, not me.” He - [Why Marriage Can Be Considered Elder Abuse](https://absolutetrustcounsel.com/why-marriage-can-be-considered-elder-abuse/) - Elder abuse is a common topic and we hear frequent warnings about scams by caregivers, email and telephone scams, and even being taken advantage of by children or grandchildren. While marrying for money is not a new concept, it is quickly spreading into the area of elder abuse. Caregivers, or people wanting to get close - [Natural Light May Benefit Dementia Patients](https://absolutetrustcounsel.com/natural-light-may-benefit-dementia-patients/) - Exposure to natural light--or direct sunlight--has long been believed to have significant health benefits. For example, researchers have established that regular exposure to natural light: Produces vitamin D in the body. Vitamin D promotes bone growth and aids in the absorption of calcium. It also prevents some types of cancer, heart disease, depression, and weight - [Why People Accidentally Disinherit their Children (and how you can prevent it)](https://absolutetrustcounsel.com/why-people-accidentally-disinherit-their-children-and-how-you-can-prevent-it/) - Divorce, remarriage, and blending families are treacherous enough waters to navigate, let alone wondering if all sides of your family will get along when you die. Those are all critical junctures to update your estate plan, whether it be a trust, a will, power of attorney, health care directive, or just beneficiary designations. If all - [Why You Should Include Sentimental Value in Your Estate Plan](https://absolutetrustcounsel.com/why-you-should-include-sentimental-value-in-your-estate-plan/) - Estate planning is usually viewed as a sea of paperwork that, once completed, sits on a shelf to collect dust. You have peace of mind that it is complete and that your family will now be harmonious upon your death because they have a well-thought-out plan to follow when executing your last wishes. However, the - [How to Bring Mom Home for the Holidays](https://absolutetrustcounsel.com/you-can-bring-mom-home-for-the-holidays/) - Mary set her phone down on the table and frowned. Her husband, Herb, studied her. “What’s wrong?” “I don’t think we can bring Mom home for Christmas. The nursing home said if we remove her from the premises, we have to pay a fee to hold her bed. Otherwise, they can give the bed away - [Consolidating Bank Accounts Helps You and Your Loved Ones](https://absolutetrustcounsel.com/consolidating-bank-accounts-helps-you-and-your-loved-ones/) - It starts out innocently enough, you bank with Chase, but your new mortgage is through Bank of America, and they offer you a half a percent discount on your mortgage if you open a new account with them. Then a local credit union offers a great rate on a car loan, so you open an - [Options For Your Body After Death](https://absolutetrustcounsel.com/options-for-your-body-after-death/) - There are many issues that need to be addressed fairly quickly after someone passes away. The decedent’s body is usually the first issue that needs to be addressed. The immediate question when someone passes away is: Are they an organ donor? And if the answer is yes, then the follow up questions are: Donating what - [Depression Can Hinder the Golden Years](https://absolutetrustcounsel.com/depression-can-hinder-the-golden-years/) - Experts say more than 6.5 million seniors suffer from depression. While the illness is not uncommon at any age, seniors tend to face a variety of special challenges, including retirement, illness, loss of a spouse or significant other, and the prospect of being forced out of their homes due to illness or disability. When left - [Relocating to Other Western States Could Impact Estate Tax, Value](https://absolutetrustcounsel.com/relocating-to-other-western-states-could-impact-estate-tax-value/) - After you retire, you may no longer wish to reside in California, instead opting for what may be considered a more “senior-friendly” environment. Where you move could have a significant impact on your estate plan. Therefore, it is important to consider the tax consequences of moving to a new state. If you choose to relocate - [Save Your Receipts! Medi-Cal Eligibility Requirements](https://absolutetrustcounsel.com/save-your-receipts-medi-cal-eligibility-requirements/) - When applying for Medi-Cal assistance for long-term care in a skilled nursing facility, our clients must disclose any transfers made in the prior 30 months to another person for less than fair market value. Because Medi-Cal is a program meant to help people with limited resources, Medi-Cal will presume that such transfers are made for - [Use Long-Term Care Insurance as Intended](https://absolutetrustcounsel.com/use-long-term-care-insurance-as-intended/) - Mary slammed the cordless phone onto the receiver. Her husband, Tom, peered at her over the top of his newspaper, his eyebrows cocked in concern. “Now what was that about?” he asked. “That was Beth Willis. She says we can’t use Dad’s long-term care insurance for his home health care because he doesn’t meet the - [Social Factors Impact Health Outcomes](https://absolutetrustcounsel.com/social-factors-impact-health-outcomes/) - While several government programs focus on providing access to health care, researchers have determined that other factors may also have a significant impact on the overall health of Americans. Called the Social Determinants of Health (SDOH), these factors include: The resources required to meet daily needs, such as safe, affordable housing and access to local - [New Bills Could Impact Retirement Planning](https://absolutetrustcounsel.com/new-bills-could-impact-retirement-planning/) - The U.S. Congress is attempting to help future retirees get their financial houses in order. The government is reacting to a recent study that claims only 51 percent of all Americans are employed by companies with retirement plans and of those employees, only 40 percent actually participate. In addition, experts say one in three Americans - [New Law Addresses Needs of Disabled Plane Passengers](https://absolutetrustcounsel.com/new-law-addresses-needs-of-disabled-plane-passengers/) - Sandy rolled up to the table where her poker club sat. “Well?” asked her friend, Diana. “How was the trip?” Sandy rolled her eyes. “Let’s see. The TSA agent kept insisting I had to walk through the security screener, even though I was in a wheelchair and told her I couldn’t walk. Finally, they brought - [Reorganizing Your Finances After The Death Of A Spouse](https://absolutetrustcounsel.com/reorganizing-your-finances-after-the-death-of-a-spouse/) - The days following the death of a spouse can be confusing. There are a lot of decisions to make and tasks to undertake. One area that must be dealt with quickly and competently is your finances. It is very important to get a clear picture of what steps you must take to secure your financial - [The Loss of a Spouse Incurs Legal and Financial Responsibilities (Part I of Two Parts)](https://absolutetrustcounsel.com/the-loss-of-a-spouse-incurs-legal-and-financial-responsibilities-part-i-of-two-parts/) - Betsy slowly lowered herself into a kitchen chair and buried her head in her hands. Since her husband, Bill, had died three days ago, she had been swept up in a whirlwind of activity. Between planning a funeral, notifying relatives, and nonstop condolence calls, she hadn’t had any time to grieve, much less think. Her - [Changes to Nursing Home Regulation Could Impact Quality of Care](https://absolutetrustcounsel.com/changes-to-nursing-home-regulation-could-impact-quality-of-care/) - A change in nursing home regulations has some elder advocates up in arms. At the center of the dispute is the way nursing homes are fined for engaging in activities that endanger or injure residents. Under the Obama administration, nursing homes that failed to comply with federal regulations were fined for each day they were - [2019 Medi-Cal Resource Updates](https://absolutetrustcounsel.com/2019-medi-cal-resource-updates-2/) - The California Department of Health Care Services recently announced new Medi-Cal resource numbers for 2019. In All County Welfare Directors Letter (ACWDL) 18-28 the Community Spouse Resource Allowance (CSRA) was increased to $126,420 and the Minimum Monthly Maintenance Needs Allowance (MMMNA) was increased to $3,161 for 2019. The CSRA is the amount of non-exempt assets - [Financial Management Apps Can Prevent Fraud, Mismanagement for Elders](https://absolutetrustcounsel.com/financial-management-apps-can-prevent-fraud-mismanagement-for-elders/) - Finn slapped the pile of envelopes on the kitchen table and grunted at his wife, Lola. She peered at him over her coffee mug and gestured toward the pile. “What’s this?” “Credit card bills. For Mom and Dad.” Lola frowned. “How is that possible? We have responsibility for their financial affairs. We pay all of - [Juggling Work and Caregiving: How to Create Balance](https://absolutetrustcounsel.com/juggling-work-and-caregiving-how-to-create-balance/) - Are you juggling work and caregiving? Stressed to the max? Looking for answers? Did you know you are in the majority now? In 2009, AARP estimated that nearly 61% of people over the age of 50 are employed and have caregiving responsibilities. (1) In 2015, it was found that 6 in 10 caregivers are employed - [You Can Complain About Poor Hospice Services](https://absolutetrustcounsel.com/you-can-complain-about-poor-hospice-services/) - Sharon stared at the bill from the hospice that had cared for her mother in her final days. “I can’t believe they charge so much for such crappy care. Heck, Mom almost died while they were transporting her. They clearly didn’t know what they were doing.” Her friend, Lynda, nodded. “They were pretty bad. I - [Bill Seeks to Impose State Estate Tax](https://absolutetrustcounsel.com/bill-seeks-to-impose-state-estate-tax/) - The California legislature is considering a proposal that could impose a state tax on some estates. Generally, estate taxes are imposed by the federal government on the assets or estate of someone who has died. The tax is paid before the heirs receive any bequests. One of the purposes of estate planning is to minimize - [Assisted Living Industry Struggles to Accommodate Growing Dementia Population](https://absolutetrustcounsel.com/assisted-living-industry-struggles-to-accommodate-growing-dementia-population/) - The rapidly increasing population of dementia patients in assisted living facilities is challenging not only the facilities providing the care, but also the safety of the other non-afflicted seniors who reside there. Originally, assisted living facilities were created as an alternative to nursing homes. They were designed for those who were independent, but in need - [Suing Siblings For Elder Financial Abuse a Difficult Task](https://absolutetrustcounsel.com/suing-siblings-for-elder-financial-abuse-a-difficult-task/) - Diana turned to her husband, puzzled. “Bob, did you notice Susie’s new designer purse? And those shoes? I swear they were Louboutin’s. How on earth is she able to afford that? She works part-time at the library and her husband is so cheap, he makes us look like spendthrifts.” “She’s not the only one. I - [Joint Accounts: The Good, the Bad and the Ugly](https://absolutetrustcounsel.com/joint-accounts-the-good-the-bad-and-the-ugly/) - Something we see quite often with our older clients is a joint bank account - parent’s money, child added to the account for convenience of the parent. It really can be very convenient, so, despite the list of problems I’ll get to in a minute, for some families in some situations, adding a child to - [What Happens to a Mortgage Upon Death?](https://absolutetrustcounsel.com/what-happens-to-a-mortgage-upon-death/) - Sally stared at the notice from the bank and frowned. “What’s that?” her husband, Bill asked. “Another bill for your dad?” Sally nodded. “But this time it’s his monthly mortgage payment. I wonder if we need to pay it. He’s only been dead five days. Maybe they aren’t aware of it.” Bill snorted. “Why pay - [Making Bequests to Caregivers Fraught With Problems](https://absolutetrustcounsel.com/making-bequests-to-caregivers-fraught-with-problems/) - “And to Mary Kay Morgan, I bequeath my home and the sum of $250,000,” the lawyer intoned. Sara gazed at her sister, Mary, her eyes filled with questions. “Who the heck is Mary Morgan?” she whispered. Mary shrugged. “No idea. Maybe Uncle Hank had a girlfriend or something?” Sara’s eyes narrowed. “Sounds fishy to me. - [Your Healthcare Preplanning Toolbox](https://absolutetrustcounsel.com/your-healthcare-preplanning-toolbox/) - One of the most important aspects of your estate plan may be the decisions you make about your health care. There may come a time when you are no longer able to make such decisions and by planning for that possibility, you can ensure that your desires will be carried out to the very end-of-life. - [Protect Vulnerable Adults From Scams](https://absolutetrustcounsel.com/protect-vulnerable-adults-from-scams/) - The doorbell would not stop ringing. Finally, 80-year-old Mary activated her video doorbell and asked hesitantly, “Who is it?” “My name is Manny Pearson, ma’am. Your son, Jake, sent me. He’s in jail and needs bail money. No one else is answering their phone, so he asked me to come by and get a check - [Absolute Trust Counsel Medi-Cal Eligibility Planning Presentation on CCTV](https://absolutetrustcounsel.com/absolute-trust-counsel-medi-cal-eligibility-planning-presentation-on-cctv-2/) - $8,000-$12,000 is an overwhelming amount to add to any monthly budget, but the most important thing is to understand there is no reason to panic – eligibility planning can be done. We’re excited to announce that our Medi-Cal Eligibility Planning Presentation featuring Kirsten Howe is AIRING on Contra Costa Television (CCTV) Comcast Channel 26 NOW through May 31st. Show times - [New Parcel Tax Law To Help Seniors Apply for Parcel Tax Exemption](https://absolutetrustcounsel.com/new-parcel-tax-law-to-help-seniors-apply-for-parcel-tax-exemption/) - This C.A.R. sponsored law creates a simple process for seniors or disabled homeowners to find information on how to apply for a parcel tax exemption. Existing law allows for the imposition of parcel taxes, which are special taxes assessed on individual pieces of property, to fund, among other things, education. Under current law, school districts - [Use Your Estate Plan to Provide for Pet’s Continued Care](https://absolutetrustcounsel.com/use-your-estate-plan-to-provide-for-pets-continued-care/) - For many people, the proper care of beloved pets after their death is a significant concern. When clothing designer Karl Lagerfeld died recently, much was made about the fate of his long-time pet, a cat named Choupette. While Lagerfeld was alive, Choupette lived a lavish lifestyle. A team of maids were at her beck and - [2019 Increases in Federal Gift, Estate Tax Exclusions May Benefit Some Estates](https://absolutetrustcounsel.com/2019-increases-in-federal-gift-estate-tax-exclusions-may-benefit-some-estates/) - Under the Tax Cuts and Jobs Act enacted last year, the federal lifetime gift and estate tax exemption doubled. Every year the lifetime gift tax exemption and estate tax exemption amounts are adjusted for inflation. For 2019, the exemption increased to $11.4 million for individuals and $22.8 million for married couples. That means, for example, - [New Real Estate Laws May Necessitate Changes to Estate Plan](https://absolutetrustcounsel.com/new-real-estate-laws-may-necessitate-changes-to-estate-plan/) - Recent changes in how real estate and real estate transfers are taxed in some California communities could have a significant impact on your estate plan. A hefty surcharge for possession of certain types of vacant properties, as well as an increased tax on real estate transactions, may require changes to the timing and method for - [2019 Medi-Cal Resource Updates](https://absolutetrustcounsel.com/2019-medi-cal-resource-updates/) - The California Department of Health Care Services recently announced new Medi-Cal resource numbers for 2019. In All County Welfare Directors Letter (ACWDL) 18-28 the Community Spouse Resource Allowance (CSRA) was increased to $126,420 and the Minimum Monthly Maintenance Needs Allowance (MMMNA) was increased to $3,161 for 2019. The CSRA is the amount of non-exempt assets - [Failure to Enroll in Medicare at 65 Could Cost You](https://absolutetrustcounsel.com/failure-to-enroll-in-medicare-at-65-could-cost-you/) - “Retiring certainly isn’t for the faint-hearted,” Lily said as she shuffled through a pile of papers on her kitchen table. “I can’t believe all of this paperwork.” Her husband, George, scowled. “Why are you even messing with that stuff? We decided not to claim Social Security for a few more years so we can maximize - [Options For Distributing To Your Children](https://absolutetrustcounsel.com/options-for-distributing-to-your-children/) - There are so many ways for parents to leave inheritances to their children as you can imagine. These are a few of the common approaches that parents seems to like, each of which can be tailored to a given family. IF YOUR CHILDREN ARE MATURE ADULTS: Outright Distribution If your children are adults, and you - [Medi-Cal (con’t.) - Estate Recovery](https://absolutetrustcounsel.com/medi-cal-cont-estate-recovery/) - This is another installment in our series on Medi-Cal planning. In this blog post we will discuss one final concept that we must keep in mind for our clients when doing their Medi-Cal eligibility planning: estate recovery. The State of California is entitled to recover from the estate of a deceased Medi-Cal recipient the funds - [Medi-Cal Eligibility (con’t.) – Transfer Planning](https://absolutetrustcounsel.com/medi-cal-eligibility-cont-transfer-planning/) - This is another installment in our series on Medi-Cal planning. In this blog post we focus on one particular planning tool: transfers. Before we can create a plan for transferring our client’s assets we have to consider several additional Medi-Cal planning concepts, which we explore in this article. Look-Back Period On the Medi-Cal application we - [Medi-Cal Eligibility (con’t.) – The Plan](https://absolutetrustcounsel.com/medi-cal-eligibility-cont-the-plan/) - This is another installment in our series on Medi-Cal planning. In this blog post we discuss common eligibility problems and a few of the tools we can use to solve them. Once we have analyzed our client’s situation and see why they are ineligible, either because they have too much income, too much assets, or - [Green Burials Benefit the Environment, But They Also Provide Opportunities for Fraud](https://absolutetrustcounsel.com/green-burials-benefit-the-environment-but-they-also-provide-opportunities-for-fraud/) - There’s a reason why more and more funeral organizations are offering green burials. The byproducts of a traditional funeral and interment are becoming a significant environmental problem. According to the Green Burial Council, each year, traditional burials in America put the following in the ground: 20 million feet of wood 17,000 tons of copper and - [Medi-Cal Eligibility (con’t.) - Assets](https://absolutetrustcounsel.com/medi-cal-eligibility-assets/) - Eligibility requirements relating to assets This is another installment in our series on Medi-Cal planning. We have been discussing Medi-Cal eligibility from the standpoint of income. In this blog post we will discuss eligibility requirements relating to assets. In analyzing our client’s situation we have to consider assets. If the client’s assets are of a - [023: Knowing Alzheimer’s with Family Care Specialist Dori Sproul of the Alzheimer’s Association](https://absolutetrustcounsel.com/023-knowing-alzheimers-with-family-care-specialist-dori-sproul-of-the-alzheimers-association/) - Over 5 million people all across our country have Alzheimer's. The scary part is that many people don't quite understand the disease and confuse it with other health issues or even normal signs of aging. Kirsten and guest Dori Sproul, family care specialist with the Alzheimer's Association of Northern California, team up to discuss the - [Spotting and Preventing Elder Financial Abuse](https://absolutetrustcounsel.com/spotting-and-preventing-elder-financial-abuse/) - The population of seniors in the United States is growing rapidly. Data from the U.S. Census Bureau indicates that people 65 and older will make up 20 percent of our country’s population by 2030. Along with this increasing population come increasing reports of elder financial abuse. It is only going to become more and more - [Medi-Cal Planning from Start to Finish (Part 3)](https://absolutetrustcounsel.com/medi-cal-planning-from-start-to-finish-part-3/) - In this continuing series of posts we will focus on Medi-Cal for our over-65 clients who need assistance with long-term care. Here, we discuss the analysis we go through after gathering information in our first appointment with our clients. What’s Next? Analyze Client’s Eligibility By the end of our initial appointment we will have a - [Medi-Cal Planning from Start to Finish (Part 2)](https://absolutetrustcounsel.com/medi-cal-planning-from-start-to-finish-part-2/) - In this continuing series of posts we will focus on Medi-Cal for our over-65 clients who need assistance with long-term care. Here, we continue our discussion of the issues we discuss in our first appointment with our clients. What About Veteran’s Benefits? One preliminary question we ask our clients has to do with their prior - [022: Estate Organizing 101 with Professional Estate Organizer Meg Connell](https://absolutetrustcounsel.com/022-estate-organizing-101-with-professional-estate-organizer-meg-connell/) - When a family is grieving the loss of a loved one or an older couple is ready to move on to the next chapter in their lives by downsizing their lot, it can be overwhelming. Where do you start when you have a whole lifetime of stuff? Professional estate organizer Meg Connell joins Absolute Trust - [Medi-Cal Planning from Start to Finish              ](https://absolutetrustcounsel.com/medi-cal-planning-from-start-to-finish/) - In this series of posts we will focus on Medi-Cal for our over-65 clients who need assistance with long-term care. We will take you through the laws and what we do for our clients, from the initial meeting until we receive that eligibility letter, to help them qualify, apply for and receive Medi-Cal, for long-term - [Have You Suffered Unexplainable Investment Losses?  Have You Started Questioning Any of Your Financial Advisors' Decisions?](https://absolutetrustcounsel.com/have-you-suffered-unexplainable-investment-losses-have-you-started-questioning-any-of-your-financial-advisors-decisions/) - If the title of this blog caught your attention, possibly you have found yourself questioning whether your financial advisor’s recommendations for your portfolio are in line with the goals you both discussed. Here are a few questions to ask yourself to see if your situation may need attention: Have you seen a dramatic drop in - [021: Making Loans to an Irrevocable Trust Is Possible. Here’s How.](https://absolutetrustcounsel.com/021-making-loans-to-an-irrevocable-trust-is-possible-heres-how/) - Did you know it's possible to make a loan to an irrevocable trust? Many people don't know it is, and even though conventional lending firms might say they do it, they don't truly understand and often force the borrower to take the loan out of the trust – negating the benefit. Jim O'Dea, a broker - [What Does an Estate Organizer Do?](https://absolutetrustcounsel.com/what-does-an-estate-organizer-do/) - Estate Organizers specialize in handling the personal, tangible property items during the process of settling an estate, as well as assisting the professionals, individuals, and families involved. When a client finds us, or an attorney first refers a client to an Estate Organizer, the person has usually just suffered a loss. Not only is this - [Funeral Planning Can Save Time and Money](https://absolutetrustcounsel.com/funeral-planning-can-save-time-and-money/) - “Silence!” Roger Claret roared. “Dad has only been dead 12 hours and already you’re turning his funeral into a circus.” He glared at his brother and sister. “We need to decide what Dad would have wanted, not what you want.” He muttered, “Just because the man enjoyed country music does not mean he wanted the - [Senior Care Can Lead to Family Disputes](https://absolutetrustcounsel.com/senior-care-can-lead-to-family-disputes/) - Lucy clung to her coffee mug, gripping it so hard she was afraid it might shatter. “I’m telling you, Lucy, Mom and Dad made me promise that we would not put them into a nursing home,” her sister, Samantha said. “They need a caregiver. And since you’re a stay-at-home mom, we think you’d be perfect - [Top 5 Signs a Senior in Your Life is Struggling with Debt](https://absolutetrustcounsel.com/top-5-signs-a-senior-in-your-life-is-struggling-with-debt/) - The Golden Years May Have a New Name: The Bankrupt Years In the past month or so, a number of articles in the news have come out showing that seniors are declaring bankruptcy at an increasing and alarming rate. The debt burden on seniors is going up due to student loans, credit cards, and lack - [End of Life Option Act Currently in Force](https://absolutetrustcounsel.com/end-of-life-option-act-currently-in-force/) - Mary hung up the phone and frowned. “That can’t be right,” she said. “What can’t be right?” her husband James asked. He put his newspaper down and gazed at her. “Janice says she heard from Darla who heard from Laura that the End of Life Option Act has been overturned. If that’s true, we are - [018: How Invested Are You? Portfolio Protection You Need to Know About Brokers and Advisors](https://absolutetrustcounsel.com/018-how-invested-are-you-portfolio-protection-you-need-to-know-about-brokers-and-advisors/) - In this episode of Absolute Trust Talk, Kirsten welcomes attorney Bob Gonser to the show. Bob's practice focuses on matters involving disputes between investors and their financial advisors. Bob typically works on a contingent fee basis and has successfully handled hundreds of cases for his clients whose investement accounts have been mismanaged resulting in the - [Nursing Home Staffing Levels – Something to Watch](https://absolutetrustcounsel.com/nursing-home-staffing-levels-something-to-watch/) - According to new federal data, gathered by Medicare from daily payroll records from more than 14,000 nursing homes in the United States, nursing homes have been under-reporting to the government their nurse and caretaker staffing levels for years. For families with loved ones dependent on nursing home care, this is likely not a surprise. There - [017: Disability Income – How To Do It Right and Avoid The Many Pitfalls](https://absolutetrustcounsel.com/017-disability-income-how-to-do-it-right-and-avoid-the-many-pitfalls/) - In episode 17 of Absolute Trust Talk, Kirsten welcomes Kantor & Kantor, LLP partner Michelle Roberts into the studio. Michelle has focused her entire career on helping claimants win disability claims under employer-provided disability plans. She is also a specialist in the act that governs disability benefits provided by employers, known as ERISA, which stands - [Avoid Probate of Your CCRC Refund](https://absolutetrustcounsel.com/avoid-probate-of-your-ccrc-refund/) - Continuing care retirement communities (CCRCs) often require new residents to pay an entry fee in exchange for lifetime housing and priority access to healthcare, in addition to a monthly fee. These entry fees can be in the hundreds of thousands of dollars. In many cases, a sizable portion of the entry fee may be refundable to - [Estate Planning for Your Pets](https://absolutetrustcounsel.com/estate-planning-for-your-pets/) - For most of our clients, the family pets are just that – family. These pets are valued members of the extended family and, for some, the pets are their primary family. With such an important place in the family, it makes sense to want to provide for them if something unfortunate occurs, such as incapacity - [“Springing” Powers of Attorney – What Does That Mean?](https://absolutetrustcounsel.com/springing-powers-of-attorney-what-does-that-mean/) - As the average age of the U.S. population increases, more people are becoming aware of the benefits of having a general durable power of attorney (POA) to insure they have someone to assist them with financial matters when they are unable to act for themselves. Actually, the benefits of creating a POA apply to all - [015: Kids in the Business: When Personal Estate Planning and Business Succession Planning Collide](https://absolutetrustcounsel.com/015-kids-in-the-business-when-personal-estate-planning-and-business-succession-planning-collide/) - In episode 15 of Absolute Trust Talk, Kirsten welcomes financial planning and investment professional John O'Dea of Summit Financial Group to the show. John's focus is the wealth accumulation and protection needs present for individuals who own and operate a business. He has over a decade of experience working to simplify investment, insurance, and succession - [Medi-Cal Planning is a Legal and Wise Choice](https://absolutetrustcounsel.com/medi-cal-planning-is-a-legal-and-wise-choice/) - “I’ll tell you, Marge, my attorney is a wizard, a downright magician. When the time comes and my kids stick me in a nursing home, I am going to be ready. She has created a plan that protects my assets and will enable me to qualify for Medi-Cal quickly.” Lynda smiled triumphantly as she sipped - [IRAs Create Special Estate Planning Concerns](https://absolutetrustcounsel.com/iras-create-special-estate-planning-concerns/) - Eighteen-year-old Sarah tried to calm her excitement. She had been named the beneficiary of her Grandpa Jack’s IRA (Individual Retirement Account). While all of the grandchildren had been named in Grandpa Jack’s will, she was the only one to get a separate gift. Visions of a new car and new clothes began to dance through - [014: Consumer Debt Today with Jen Lee](https://absolutetrustcounsel.com/014-consumer-debt-today-with-jen-lee/) - Absolute Trust Talk welcomes consumer debt law expert Jen Lee into the studio to discuss essential tips, resources, and information people need to know about debt. Creator of workplace financial program Employees Are Assets? and co-author of Preventing Credit Card Fraud A Complete Guide for Everyone from Merchants to Consumers, Jen focuses her practice on - [Are Charitable Contributions Dead? No! – Introducing the QCD](https://absolutetrustcounsel.com/are-charitable-contributions-dead-no-introducing-the-qcd/) - The Tax Cuts and Jobs Act, passed at the end of 2017, significantly alters many of the deductions to which we have become accustomed. CPA’s and financial planners continue to unravel the new laws but one of the new changes is clear. The new tax law will reduce the tax benefit of charitable giving for - [If You Don't Have the Keys, You Can't Access it: BITCOIN](https://absolutetrustcounsel.com/if-you-dont-have-the-keys-you-cant-access-it-bitcoin/) - Lisa studied her late son’s will and frowned. “To my mother and father, George and Lisa Cummings, I bequeath the contents of my wallet, to be found at Coinbase.” “George, you ever heard of a place called Coinbase?” George shook his head. “No. What about it?” “Well, according to Danny’s will, he left his wallet - [Plan for Transfer of Airline Miles, Hotel Points and Other Rewards](https://absolutetrustcounsel.com/plan-for-transfer-of-airline-miles-hotel-points-and-other-rewards/) - Susan stared at her father’s Last Will and Testament and groaned. “I know I am supposed to be the executor of Dad’s will, but some of this makes no sense.” “How so?” asked her husband, Tom. “Well, he makes these very specific bequests of airline miles and hotel points, even credit card reward points. But - [013: Deciphering International Tax Law with Jenny Lin](https://absolutetrustcounsel.com/013-deciphering-international-tax-law-with-jenny-lin/) - Absolute Trust Talk welcomes Walnut Creek international tax law expert Jenny Lin to the show. Lin has been practicing tax law since obtaining her juris doctor degree in 2000 from U.C. Berkeley and is one of approximately 400 attorneys certified as a tax specialist by the State Bar of California Board of Legal Specialization. In - [What’s In Your Medical Records?  The Importance of Doctor’s Notes to Support Long-Term Disability Claims Under ERISA](https://absolutetrustcounsel.com/whats-in-your-medical-records-the-importance-of-doctors-notes-to-support-long-term-disability-claims-under-erisa/) - There are several kinds of disability income benefits available to a worker who becomes unable to work due to an injury or illness. This article focuses on private disability insurance policies or plans provided by employers that are governed by a federal law known as the Employee Retirement Income Security Act of 1974 (“ERISA”). Applying - [Don’t Ignore Your A/B Trust](https://absolutetrustcounsel.com/dont-ignore-your-a-b-trust/) - There are many different kinds of revocable living trusts out there. It’s not really important that you understand much about all the difference kinds, but it is important that you understand what kind you have. This article is focused on trusts for married couples, and in particular on what the trust says must happen when - [012: Protecting Your Creative Expression – The Nature of Copyright](https://absolutetrustcounsel.com/012-protecting-your-creative-expression-the-nature-of-copyright/) - In this episode of Absolute Trust Talk, Kirsten welcomes Walnut Creek copyright law expert Kelley Way into the studio. This Walnut Creek native, wanted to practice copyright law since she was in high school, as two of her biggest passions are books and music. She fell in love with copyright law after resolving a case - [Disadvantages of Owning Your Personal Residence in an Irrevocable Trust](https://absolutetrustcounsel.com/disadvantages-of-owning-your-personal-residence-in-an-irrevocable-trust/) - One of the things we do at Absolute Trust Counsel is assist families with a disabled senior to preserve assets and also become eligible for Medi-Cal assistance to help them pay for nursing home care. One of the tools we often use to do this type of planning is an irrevocable trust. We also sometimes - [Changing an Irrevocable Trust](https://absolutetrustcounsel.com/changing-an-irrevocable-trust/) - Once a trust becomes irrevocable, either because it was originally created that way or because an event has occurred, such as the death of the grantor, that causes the trust to be irrevocable, we are pretty much stuck with that trust as it is, right? I mean, irrevocable means irrevocable, doesn't it? Not necessarily. Trusts that - [011: What’s Up With Real Estate in the San Francisco Bay Area?](https://absolutetrustcounsel.com/011-whats-up-with-real-estate-in-the-san-francisco-bay-area/) - In episode eleven of Absolute Trust Talk, Kirsten welcomes award-winning Remax Accord Real Estate Broker Mark Shaw into the studio. Mark has been serving Contra Costa and Alameda Counties for more than 19 years and, even though he spent some time as a teacher, you could say his career started back in the 60's & - [Notifying Medi-Cal of a Beneficiary’s Death Protects Heirs](https://absolutetrustcounsel.com/notifying-medi-cal-of-a-beneficiarys-death-protects-heirs/) - Linda sank down into an armchair and pulled off her hat. “I hate funerals and this one was really tough. I am really going to miss Aunt Millie.” Her sister, Mary, sighed. “I know. But I’m glad we could be there for her, her being all alone after Uncle Fred died.” “But now the hard - [Medi-Cal Discrimination/Fraud a Problem in Some Nursing Homes](https://absolutetrustcounsel.com/medi-cal-discrimination-fraud-a-problem-in-some-nursing-homes/) - Angela stared into her coffee cup and shook her head. “I don’t know what to do, Fred. Mom’s nursing home is threatening to kick her out because her Medicare coverage has run out.” Fred frowned. “But she qualified for Medi-Cal. Did you tell them that?” Angela nodded. “Yes, I did. The nursing home administrator told - [No Contest Clauses May Not Apply to Trust or Will Amendments](https://absolutetrustcounsel.com/no-contest-clauses-may-not-apply-to-trust-or-will-amendments/) - Mary read the trust document again. “This can’t be right,” she said, shaking her head. “Why would Grandpa change the terms of his trust and leave such a large amount of money to this religious group? I’ve never even heard of this organization. Our kids were supposed to benefit from his trust. He always made - [Children Born Through Posthumous Conception May Not Be Eligible For Survivor Benefits](https://absolutetrustcounsel.com/children-born-through-posthumous-conception-may-not-be-eligible-for-survivor-benefits/) - Ellen glared at her former daughter-in-law, Lola, and sputtered, “You want to do what?” “I want to use the sperm Robert stored before he died to conceive a child. I mean, he froze it after he was diagnosed with cancer so we could have children. We never anticipated that he would die. But it’s still - [009: See Something, Say Something - Elder Abuse](https://absolutetrustcounsel.com/see-something-say-something-elder-abuse/) - In this episode of Absolute Trust Talk, Kirsten welcomes trust and estate litigator Denise E. Chambliss from Tri-Valley law firm Hoge, Fenton. During their discussion, Denise and Kirsten hone in on the specifics of trust and estate litigation with an emphasis on elder abuse and undue influence. Kirsten highlights that elder abuse is an epidemic, - [Long Term Care Ombudsmen Advocate for Seniors](https://absolutetrustcounsel.com/long-term-care-ombudsmen-advocate-for-seniors/) - Julia was worried. “I’m telling you, Mom had a big bruise on her leg when I visited her yesterday at the nursing home,” she told her sister, June. “She says she doesn’t remember how it happened. When I asked a nurse, all she said was, ‘Oh, your mother is always falling. She doesn’t always use - [008: Financial Planning for Families with Special Needs Individuals](https://absolutetrustcounsel.com/financial-planning-for-families-with-special-needs-individuals/) - In this episode of Absolute Trust Talk, Kirsten welcomes special needs financial planning expert Jon Elfin into the studio. Jon has over 35 years of experience in the financial services industry and focuses on processes and expertise to help clients understand their options and more importantly take action when it comes to building and preserving - [Continuing Care Retirement Communities Offer Continuity of Care](https://absolutetrustcounsel.com/continuing-care-retirement-communities-offer-continuity-of-care/) - Linda and her friend, Mary, walked through the apartment at the retirement village. It was the perfect space for a single adult who didn’t want to deal with the responsibility of home ownership. “There are a number of different units available, with a wide variety of amenities,” the real estate agent said. “Because this is - [007: Divorce: Prenup, Postnup and Everything in Between](https://absolutetrustcounsel.com/007-divorce-prenup-postnup-and-everything-in-between/) - In this episode of Absolute Trust Talk, Kirsten welcomes Walnut Creek family attorney Ariel Brownell Lee into the studio. During her conversation with Kirsten, Ariel touches on all aspects of a prenuptial agreement. While discussing the pros and cons, Ariel reveals just how much a prenup can, and can't, protect. Kirsten and Ariel explore the - [IHSS Aids Elderly, Disabled To Stay In Their Home](https://absolutetrustcounsel.com/ihss-aids-elderly-disabled-to-stay-in-their-home/) - Laura was worried about her 80-year-old mother. "She gets around well enough, but sometimes she needs help with household tasks, such as cleaning, grocery shopping, and laundry,” she told her friend, Debra. “And she claims she can’t afford to hire someone to help. But neither can I. And if she doesn’t get the help she - [006: Financial Planning: It Isn’t All About The Money](https://absolutetrustcounsel.com/006-financial-planning-it-isnt-all-about-the-money/) - In this episode of Absolute Trust Talk, Kirsten welcomes Walnut Creek Financial Planner Ora Citron into the studio. For Ora, financial planning is a way to make a difference for individuals in our community, directly and meaningfully, by taking responsibility for helping clients create a path to the future based on their personal goals. During - [005: How to Help Your Children Own a Home the Right Way with Denae Budde](https://absolutetrustcounsel.com/005-how-to-help-your-children-own-a-home-the-right-way-with-denae-budde/) - In this episode, Kirsten talks to Denae Budde, managing shareholder of Budde Law Group, a niche practice that focuses in on handling either transactions or litigation in the real estate and business. During her conversation with Kirsten, Denae discusses the rising trend of parent/child real estate transactions. Denae highlights some of the unique things that - [What Happens To My Estate Plan If I Move To Another State?](https://absolutetrustcounsel.com/what-happens-to-my-estate-plan-if-i-move-to-another-state/) - We get this question a lot – from younger clients who know their job might get transferred someday. Also, it seems that more and more Californians are choosing to move to another state when they retire, including some of our clients. The answer is, of course, it depends. Most of the time a will that - [003: Outside Looking In – Why Professional Fiduciaries Can Be A Better Choice](https://absolutetrustcounsel.com/003-outside-looking-in-why-professional-fiduciaries-can-be-a-better-choice/) - Walnut Creek professional fiduciary dynamo Karen Fisher joins Kirsten in the studio for episode #003 of Absolute Trust Talk. Kirsten highlights how many people just don't know what a professional fiduciary is or that having someone outside the family to administer trusts and estates is even an option. Karen discusses the vast range of services - [000: Launching the Absolute Trust Talk Podcast with Kirsten Howe](https://absolutetrustcounsel.com/000-launching-the-absolute-trust-talk-podcast-with-kirsten-howe/) - Welcome to the Thought-Provoking Absolute Trust Talk Podcast with Kirsten Howe, officially launching April 16, 2018. Estate Planning, Business, and Financial Wellness -- Preparing for the Future Type of Talk Whenever and Wherever You Want It or Need It Most Absolute Trust Talk brings you the best tips, tactics, stories, and strategies that help you - [Special Needs Planning Must Be Multi-Generational](https://absolutetrustcounsel.com/special-needs-planning-must-be-multi-generational/) - I recently attended the Special Needs Planning Symposium. The sessions were all very informative, but it was the opening session that really stands out for me, ‘Proactive and Next Generation Planning for Families That Include a Loved One with Disabilities.’ The panel of presenters in the session really brought to light how important it is - [Divorce May Require Changes to Beneficiary Designations](https://absolutetrustcounsel.com/divorce-may-require-changes-to-beneficiary-designations/) - Maria opened the envelope from the insurance company, peeked inside, and squealed. “Carlos, come quick. Someone sent me a check for $50,000!” Carlos walked into the room, chuckling. “Better read the letter that came with it. You’ll probably have to provide a credit card number and pay a couple of hundred bucks to claim it.” - [Real Property Transaction Recording Fee Increase in California - Do I Have to Pay it?](https://absolutetrustcounsel.com/real-property-transaction-recording-fee-increase-in-california-do-i-have-to-pay-it/) - The California Legislature, late in 2017, enacted the Building Homes and Jobs Act. The stated purpose of this law is to establish permanent and ongoing source of funding for affordable housing developments. Part of the law that affects those doing estate planning is a $75 recording fee that must “be paid at the time of - [Carefully Consider Reverse Mortgages to Avoid Costly Mistakes for Your Nursing Home Plans](https://absolutetrustcounsel.com/carefully-consider-reverse-mortgages-avoid-costly-mistakes-nursing-home-plans/) - Reverse mortgages can be very useful for certain clients in that they allow homeowners to tap into their home equity without selling their home even if they don’t have the income to qualify for refinancing. For clients who may be interested in applying for Medi-Cal to assist with nursing home expenses it is important to - [Medi-Cal Has the Right to Recover Benefits Paid from a Decedent’s Estate](https://absolutetrustcounsel.com/medi-cal-right-recover-benefits-paid-decedents-estate/) - Debbie was furious. “Darn Medi-Cal. First, they put Mom through the ringer to qualify for benefits, and then after she dies, they try to recover the money they gave her. How is that even fair? Mom had so little as it is. My God, all she left me and Cyndy was $500 and her house. - [Understanding Basic Medicare](https://absolutetrustcounsel.com/medicare-part-a-medicare-part-b-and-medicare-part-d/) - Understanding Medicare Many people might be familiar with Medicare as coverage for major medical situations, such as hospitalization or emergency services. But there is much more to Medicare. Understanding the different parts of Medicare can be difficult. Each component means something different for your health care and your financial bottom line. A General Explanation of - [FIRE! Are You Prepared?](https://absolutetrustcounsel.com/fire-are-you-prepared/) - On October 8, 2017, a series of fires started burning across our state, destroying over 245,000 acres in Napa, Lake, Sonoma, Mendocino, Butte and Solano Counties. These fires were the costliest group of wildfires in the history of California and the most destructive, causing at least $9.4 billion dollars in insured damages. So we must - [Expedient Probate Requires an Efficient Accounting](https://absolutetrustcounsel.com/expedient-probate-requires-efficient-accounting/) - Andrea’s kitchen table looked like a tornado had struck. Papers were strewn everywhere. For several hours, she reviewed bills, cancelled checks, bank statements, tax returns, and receipts, then she threw up her hands. “Darn it, Dad, I can’t do this. Why did you leave me with such a mess?” Finally, she called her friend, Sally, - [There is Little Drama in Probate Court!](https://absolutetrustcounsel.com/little-drama-probate-court/) - Lauren studied herself in the mirror and grinned. She looked absolutely perfect: Designer dress, classic heels, just a touch of make-up. Being the executor of her father’s will was going to be so much fun! There were going to be all those good-looking lawyers and the grouchy judge who silences everyone with the crack of - [Probate Requires a Diligent Executor](https://absolutetrustcounsel.com/probate-requires-diligent-executor/) - Mary was ill-prepared for the drama that was probate. “I mean, seriously,” she told her friend, Amy. “Who would have thought Uncle Harry would leave his estate in such a mess? I found deeds, contracts, promissory notes, life insurance policies, and wills, multiple wills, in his house, stuffed in the trunk of his car, in - [Multi-Party Bank Accounts: Good Idea or Bad?](https://absolutetrustcounsel.com/multi-party-bank-accounts-good-idea-or-bad/) - When Anna approached her 80th year, she decided it would be wise to add her daughter Amy’s name to her checking account. “After all,” she told her children, “she already pays my bills and does my grocery shopping. What happens if I become ill and can no longer sign the checks? Someone has to have - [Probate Takes Time](https://absolutetrustcounsel.com/probate-takes-time/) - When John was named the executor of his mother’s estate, he expected the process to take a month, at the most. “After all,” he told his wife, Holly, “Mom didn’t have much. I’ll just fill out the forms and turn over the will, and I’ll be done. Easy peazy.” Holly smiled at her husband, her - [Special Needs Planning – Making the Trust Work Over Many Years - Part 2](https://absolutetrustcounsel.com/special-needs-planning-making-trust-work-many-years-part-2/) - In our last post we began a discussion of the various roles that must be filled in the planning and administration of a SNT, contrasting that with a conventional estate planning trust. Here we will continue discussing the roles that must be filled in the planning of a Special Needs Trust. As we’ve mentioned before, - [How Much Does Probate Cost?](https://absolutetrustcounsel.com/how-much-does-probate-cost/) - Probate costs in California can be hefty so it behooves those who are considering future plans for their estate to be educated on what probate expenditures actually are. Probate is the state’s way of overseeing the administration of one’s estate after death, making sure that debts and taxes are paid and that the correct beneficiaries - [What happens to a vacation home when the owner dies?](https://absolutetrustcounsel.com/happens-vacation-home-owner-dies/) - In some cases, the home may pass by will to children and other heirs, incurring burdensome estate taxes. In other situations, it may become a source of conflict or become part of a forced sale to settle debts or taxes, and in some cases it may pass uneventfully tax-free to the intended heirs. When transferring a - [Why Do I Need a Power of Attorney?](https://absolutetrustcounsel.com/why-do-i-need-a-power-of-attorney/) - The power of attorney is one of the most important documents that you can create for yourself. It gives someone you choose (“agent”) the power to manage your financial affairs if you become incapacitated or mentally impaired. It is a position of highest trust and choosing your agent should be a very thought-out decision. It - [Scams, Frauds and Charlatans](https://absolutetrustcounsel.com/scams-frauds-and-charlatans/) - Once a person has created an estate plan, the object is to preserve it. Unfortunately, for many seniors in particular, this can be a daunting task as the number of scams that target older Americans is increasing. Just because your funds and home are in a trust, that doesn’t mean a predator cannot target you - [Should I Write My Own Will?](https://absolutetrustcounsel.com/should-i-write-my-own-will/) - We live today in more of a ‘do-it-yourself’ world and that goes for legal topics as well. It started with an avalanche of self-help legal books. Then the law became much more ‘form driven’ whereby one plugs information into online forms and/or templates and prints them out for filing or files them online. Add to - [What is a QPRT? ](https://absolutetrustcounsel.com/what-is-a-qprt/) - A Qualified Personal Residence Trust (QPRT) is an estate-planning tool that allows individuals to retain the right to live in their home for a specified period of time while also providing for the eventual transfer of a home at a lower transfer tax rate. A grantor using the QPRT transfers title to a personal residence - [How To Avoid Probate](https://absolutetrustcounsel.com/how-to-avoid-probate/) - Probate is a legal process used to pass a deceased individual’s property to heirs and beneficiaries of the deceased. Probate must be initiated whether an individual dies with or without leaving a will. A will aids the court in determining how property and assets should be disposed. The probate process can be a lengthy, costly, - [How to Avoid Probate](https://absolutetrustcounsel.com/how-to-avoid-probate-2/) - Chances are you have read or been told by someone that you should ‘avoid probate at all costs.’ This is especially true if you have a relatively sizable estate, which includes at least one house and some savings and/or investments in a portfolio. If one does not have a will, probate is the court administrative - [Charitable Giving: How to Give Back Without Forgetting Your Family](https://absolutetrustcounsel.com/charitable-giving-how-to-give-back-without-forgetting-your-family/) - Many people want to support their favorite charities after death by including charitable donations in their estate plans. For many, however, this goal is at odds with the goal of making sure that family members are provided for. If you are in the process of drafting a will or trust and want to support one - [How Should I Hold Title to My Home](https://absolutetrustcounsel.com/how-should-i-hold-title-to-my-home/) - If you are a homeowner in California, you may not be aware that there are different ways to hold title to your home. ‘Title’ means how you own your real property and that phraseology can usually be found in the language on your deed. How you hold title may have different legal effects while you - [How Long Does It Take to Receive My Inheritance and Why?](https://absolutetrustcounsel.com/how-long-does-it-take-to-receive-my-inheritance-and-why/) - Heirs who are beneficiaries often think that soon after a family member or other relative dies their inheritance check will be in the mail fairly quickly. That usually does not happen. Trust administration is not something that can be accomplished quickly, and if probate is necessary this process can last significantly longer, nine to twelve - [Is Writing Your Own Will the Best Option?](https://absolutetrustcounsel.com/writing-will-best-option/) - It’s the classic movie scene: Three people are trapped underground with little hope for a timely rescue. The first curls up into a ball and prepares for death. The second starts talking about missed opportunities. The third takes out a small notebook and writes a will. When their bodies are discovered, the third person’s will - [Presidential Elections and Estate Planning](https://absolutetrustcounsel.com/presidential-elections-estate-planning/) - Presidential elections have great influence. New agendas are written. New proposals and laws are advanced. The country leans in different directions. This trickle down effect may have some impact in the estate planning field after November 2016. Of course, without a real crystal ball it is difficult to predict just what kind of new rules - [Family History of Debilitating Disease? Is Your Estate Plan Up to Date?](https://absolutetrustcounsel.com/family-history-of-debilitating-disease-is-your-estate-plan-up-to-date/) - If you are over the age of 50, chances are that someone in your family or friend has been struck by a debilitating disease. Some of the most debilitating diseases in the U.S. include rheumatoid arthritis, schizophrenia, muscular dystrophy, chronic obstructive pulmonary disease (COPD), cystic fibrosis, Parkinson’s, amyotrophic lateral sclerosis (ALS), also known as - [Advance Health Care Directives: Do I Need One?](https://absolutetrustcounsel.com/advance-health-care-directives-do-i-need-one/) - The advance health care directive is one of the most crucial estate planning documents that you can create for yourself. This document gives someone you choose (“agent”) the power to manage your medical and health care affairs if you become incapacitated or mentally impaired. It is a position of maximum trust. If you plan to - [How to Prevent Your Estate From Being Looted](https://absolutetrustcounsel.com/how-to-prevent-your-estate-from-being-looted/) - Looting an elderly person’s estate is not as isolated as you may think. There have been many newspaper articles about estate looting. For example, back in 2009, Anthony D. Marshall, the 85-year-old son of Brooke Astor, the wealthy New York socialite who died in 2007, was sentenced to prison for raiding money from his mother’s - [A Quick Explanation of Special Needs Trusts](https://absolutetrustcounsel.com/a-quick-explanation-of-special-needs-trusts/) - Were you aware that there are about 75 million people in the United States with disabilities? That’s about 25% of the population! Did you know that 53% of disabled people are over the age of 50? The U.S. Census Bureau has labeled disabled Americans the country’s largest minority population. Consider this story from a recent New - [Questions to Ask When Looking for an Elder Care Facility](https://absolutetrustcounsel.com/questions-to-ask-when-looking-for-an-elder-care-facility/) - Somber as it may be, the time will come to look for an assisted living facility for one or both of your parents. For adult children, this is one of the most important tasks they can ever undertake. The process is arduous and time consuming and should not be delegated to someone else. If you - [Planning Ahead For Key Legal Issues](https://absolutetrustcounsel.com/planning-ahead-for-key-legal-issues-2/) - John Lennon once wrote: “Life is what happens when you are busy making other plans.” This is a profound thought and it certainly applies to the areas of estate planning, unexpected death, a life-altering accident, unanticipated sickness, home care and assisted living. Regrettably, this lyric applies to Prince, the mega music star who recently died - [Protecting the Rights of Heirs of Deceased Beneficiaries](https://absolutetrustcounsel.com/protecting-rights-heirs-deceased-beneficiaries/) - After a long and happy life, Grandpa Watkins moves on to the great beyond. He leaves a Last Will and Testament, duly signed and witnessed, in which he expresses his desire to have his assets divided equally among his two sons and two daughters. Unfortunately, several years prior to Grandpa Watkins’ death, his eldest daughter, - [Recent California Law Provides Visitation Relief for Ailing Parents](https://absolutetrustcounsel.com/recent-california-law-provides-visitation-relief-for-ailing-parents/) - California has made some important changes to its Probate Code regarding guardianships, conservatorships and elder abuse that you should be aware of. Up until now, in California and most other states, a wife or husband had the legal right to bar visitation to the other spouse’s adult children who might want to visit them. An - [Alzheimer's Diagnosis Tips](https://absolutetrustcounsel.com/alzheimers-diagnosis-tips/) - According to the Alzheimer’s Association, approximately 5.3 million Americans were living with Alzheimer’s disease in 2015. Women age 60 and over are considered at highest risk of developing Alzheimer’s disease. Alzheimer’s is a progressive form of dementia that causes problems with memory, thinking, and behavior. While estate planning is important for everyone, it is especially - [How to Find the Right Caregiver](https://absolutetrustcounsel.com/4624-2/) - For anyone with aging parents or loved ones, the prospect of finding someone to assist that person at home when the time comes can be a daunting task. Even before that time comes, convincing a parent that they need help at home is a challenge. Most elders resist anything that threatens their independence and they - [What is Incapacity Planning?](https://absolutetrustcounsel.com/what-is-incapacity-planning/) - No one likes to think of this subject but the reality is that anyone at any age can be struck down by injury or illness. Two of the fastest rising maladies in the United States are dementia and stroke. Incapacity may be either temporary or permanent. The issue then is who will step into a - [The Importance of Advanced Planning](https://absolutetrustcounsel.com/importance-advanced-planning/) - Estate planning is a critical necessity when someone is diagnosed with a terminal illness: It is vital that the proverbial “house” be put in order. Timing quickly becomes a concern. At a certain stage in a terminal illness, it may become difficult to ascertain desires, or identify the information required, to carry out effective estate - [Gifting Prior to Death](https://absolutetrustcounsel.com/gifting-prior-death/) - Gifting to your heirs before you die has a huge tax savings for you, and possibly timing for your heirs. Gifts of money or property allow you to provide your heirs with funds or property when it will have the most significant impact and it is tax-free. Whether providing a down-payment on a home, sending - [When Children Receive Large Inheritances](https://absolutetrustcounsel.com/children-receive-large-inheritances/) - It is not that uncommon for relatively younger children to receive large sums of money and property from their parents’ estate. This may or may not be a good idea in some situations. If both parents or a surviving parent dies, what kind of restrictions should be placed on an inheritance? The question is - [Estate Planning For Young People](https://absolutetrustcounsel.com/estate-planning-for-young-people/) - Many people think estate planning is only necessary for the elderly and the wealthy. This is a very common misconception. Here are six reasons why estate planning should be on the radar for everyone in their 20’s or 30’s: 1) You Never Know What May Happen Think you are young and have plenty of time - [Pre-planning for Sudden Death](https://absolutetrustcounsel.com/pre-planning-sudden-death/) - Why do people avoid estate planning? A recent study found that some estate holders believe they don’t need an estate plan. They think a spouse or their children will automatically receive any assets they have. Others claim estate matters are too complicated to deal with or estate planning is too expensive and others say it - [Estate Planning and Divorce](https://absolutetrustcounsel.com/estate-planning-divorce/) - The divorce rate in the United States is approximately 50%. The “gray” divorce rate – among persons age 50 and over -- has doubled between 1990 and 2010, according to a recent Bowling Green University study. If you are middle aged or above, married and are contemplating a divorce or are currently embroiled in divorce - [When Children Receive Large Inheritances](https://absolutetrustcounsel.com/when-children-receive-large-inheritances/) - It is not that uncommon for relatively younger children to receive large sums of money and property from their parents’ estate. This may or may not be a good idea in some situations. If both parents or a surviving parent dies, what kind of restrictions should be placed on an inheritance? The question is more - [Divorce and Estate Planning](https://absolutetrustcounsel.com/4668-2/) - Documents to Review After Divorce or in Anticipation of Divorce Going through a divorce can be emotional and overwhelming. However, if you are recently divorced or are considering a divorce, do not forget to review your estate plan to determine if you need to make changes to ensure your estate is protected from an ex-spouse - [Kirsten's LIVE Radio Interview - Listen to it HERE](https://absolutetrustcounsel.com/kirsten-2/) - In the spirit of educating, I’m very excited to share my LIVE radio interview on KSFO, and their sister station KGO, from the Greg O’Donnell Financial Hour broadcast on February 25, 2017. My twenty minutes of fame explained the importance of having an estate plan, what to think about when choosing your executor or trustee, - [Estate Planning For a Second Marriage](https://absolutetrustcounsel.com/estate-planning-second-marriage/) - Pre-planning protects both parties in a second marriage. Love can be a many-splendored thing, but when it results in a second marriage, careful estate-planning becomes a necessity. Second marriages are a blending process, often of children and assets. Prior to marriage, it is important to discuss your intentions concerning those assets and your heirs. While - [What Happens to Inherited Wealth Upon Marriage](https://absolutetrustcounsel.com/happens-inherited-wealth-upon-marriage/) - All newlyweds hope for “happily ever after.” Unfortunately, for almost half of Americans who wed, that dream does not reflect reality. Experts say between 40 and 50 percent of all marriages in the United States will end in divorce. Every 10 to 13 seconds someone legally ends their marriage. That means assets accrued before and - [The Importance of Life Insurance Trusts](https://absolutetrustcounsel.com/importance-life-insurance-trusts/) - The proceeds of a life insurance policy are included in the insured’s taxable estate at death. If the decedent’s taxable estate exceeds the federal estate exemption (currently $5.45 million), estate tax is due. For some, ownership of a large life insurance policy may trigger estate tax liability at death. An irrevocable life insurance trust - [Frequently Asked Estate Planning Questions](https://absolutetrustcounsel.com/frequently-asked-estate-planning-questions/) - Here are some of the more popular questions people have about wills and trusts and other estate planning documents. Even people who already have their estate planning documents in order still wonder about these scenarios. Q: Should I Keep My Estate Planning Documents in a Safety Deposit Box? A: Yes – and no. You might - [Planning for the Needs of Disabled Children](https://absolutetrustcounsel.com/planning-needs-disabled-children/) - Jack and Mary have five children, one of whom suffers from Down Syndrome. While their son, Michael, is able to complete basic tasks, such as eating and dressing, he lacks the ability to live on his own. At age 20, Michael has the mental capacity of a much younger child. He is unable to make - [A/B Trusts Permit Tax Advantageous Trust Funding](https://absolutetrustcounsel.com/ab-trusts-permit-tax-advantageous-trust-funding/) - When Carole and Michael created a trust for the benefit of their adult children, they had two goals in mind. First, they wanted to avoid probate, and second, they wanted to take advantage of California Proposition 58, which permits transfers of real property from a parent to a child in a tax-advantageous manner. To facilitate - [Heirs Must Be Notified on Grantor’s Death of the Existence of an Irrevocable Trust](https://absolutetrustcounsel.com/heirs-must-notified-grantors-death-existence-irrevocable-trust/) - When Oliver died, at the ripe old age of 96, he left behind eight lineal descendants or heirs—three sons and five grandchildren. All of them believed that they would inherit from Oliver. He had told them about his Living Trust and promised each and every one of them that they would be “well taken care - [Selecting a Financial Manager for the Children of Deceased Parents – Part IV](https://absolutetrustcounsel.com/selecting-financial-manager-children-deceased-parents-part-iv/) - When we last heard from Jenna and Mark, they were clinging to one another, attempting to wait out Hurricane Astrid in a community center in St. Thomas, U.S. Virgin Islands. The trip was Mark’s attempt to reignite the romance in their lives, after the birth of their third child, Mikey, five months prior. At age - [Planning for the Support of Minor Children – Part III](https://absolutetrustcounsel.com/planning-support-minor-children-part-iii/) - When we last met Jenna and Mark Livingston, they were hunkered down in St. Thomas, U.S Virgin Islands, waiting for Hurricane Astrid to pass. As they huddled in the town assembly hall, Jenna, an attorney, and Mark, a pediatrician, bemoaned their failure to adequately plan for the care of their children in the event of - [Appointing a Guardian for Minor Children is a Difficult Decision - Part II](https://absolutetrustcounsel.com/appointing-guardian-minor-children-difficult-decision-part-ii/) - Perhaps the most important decision you will ever make is who will serve as guardian(s) for your children. In California, a child under the age of 18 is not legally qualified to care for her or himself if both parents die. Any child under the age of 18 must have a legally appointed guardian. Typically, - [Appointing a Guardian for Minor Children is a Difficult Decision – Part I](https://absolutetrustcounsel.com/appointing-guardian-minor-children-difficult-decision-part/) - Jenna and Mark Livingston were living the life of Reilly. At age 30, they had thriving careers—Jenna as an attorney, Mark as a pediatrician—and three children, aged five months, two, and four. Together, they lived in a four-bedroom home in an exclusive neighborhood with their dog, Pepper. Five months after the birth of their third - [Filing For Divorce Complicates Everything](https://absolutetrustcounsel.com/filing-divorce-complicates-everything/) - After years of marital discord, John and Angie Wakefield finally decided to call it quits. John filed for divorce in California on the grounds of irreconcilable differences, asking for a fair and equitable division of community property, retention of all separate property, and shared custody of their two children. In her response, Angie not only - [When Disaster Strikes, Be Prepared!](https://absolutetrustcounsel.com/disaster-strikes-prepared/) - Chuck Meiers was nestled in his bed when the call came. “Is this Charles Meiers? The owner of the building at Morgan and Main, CM Towers? I believe your business, CM Law, is the sole tenant there?” “Yes?” “Sir, this is the San Valdeos Fire Department. We responded to a fire alarm at your building. There is a lot of black smoke coming out of your roof. It appears your building is on fire.” - [Scammers Use Crafty Schemes to Target Victims](https://absolutetrustcounsel.com/scammers-use-crafty-schemes-target-victims/) - It began on a sunny Saturday morning, when 70-year-old Sandra Johnson’s phone rang. “Sandra, Sandra Johnson?” the caller asked. “Yes, that’s me,” she responded. “I’m pleased to inform you that you have won the Clearinghouse Sweepstakes, a grand prize of $1 million! Unfortunately, when we went to your address to deliver the check, no one was home. Before we go further, could you verify your address for me?” - [Changing Times Alter Retirement Planning](https://absolutetrustcounsel.com/changing-times-alter-retirement-planning/) - Sally Janes could not wait to retire. She and her husband, Ben, had been saving for retirement since their children had completed their college degrees. They decided the “magic number” was age 65, when they would qualify for 90 percent of their Social Security benefits. Combined with their respective retirement plans and savings account, the money from Social Security would permit them to live in comfort for the rest of their lives. - [How to Avoid Conflict in Your Estate Plan - Part IV](https://absolutetrustcounsel.com/avoid-conflict-estate-plan-part-iv/) - Do I Need to Update my Estate Plan? When Jackson Carter died, his family knew just where his estate planning documents were stored: In his safety deposit box. He had told them so at least once a week. Once the family received permission to open the box and remove the documents, they delivered them to his attorney. Then they met to discuss the particulars. - [Blended Families: Preplanning is Essential](https://absolutetrustcounsel.com/blended-families-preplanning-essential/) - When Miranda Jones married Scott Ludlum, with their six children in total, they anticipated a Brady Bunch existence. For many years, they co-existed peacefully, then Scott became seriously ill. It seems upon marriage to Miranda, Scott had failed to update his Living Will, Financial and Healthcare Powers of Attorney, and HIPAA Release. In all of those documents, Scott had appointed his former wife, Lenore, to make healthcare and financial decisions should Scott be rendered incapacitated. - [Multiple Generations Living Together and Their Estate Planning](https://absolutetrustcounsel.com/multiple-generations-living-together-estate-planning/) - Upon the death of their respective husbands, Sara and her daughter, Mary, decided to move in together. Since Sara’s home bore no mortgage, Mary sold her home, and placed the proceeds into a retirement account. They agreed to share living expenses, as well as the cost of maintenance and property taxes on the home. They also agreed that when Sara died, Mary would inherit the home. - [Loans to Adult Children Must be Addressed in Estate Planning](https://absolutetrustcounsel.com/loans-adult-children-must-addressed-estate-planning/) - Mary and Thomas Charleton had five adult children. Unfortunately, not all of them had the means to purchase their own homes. So after each child married, the Charletons offered them a low interest loan to cover the down payment, up to a certain dollar amount. All of the children took advantage of the offer. By the time Mary died—at age 62–three of the loans had been repaid in full. However, the couple’s daughter, Dory, made a partial repayment. When she got divorced after five years of marriage and was forced to sell that home, Dory decided she should no longer be required to repay the loan. A son, Robert, figured the amount of the loan would just be taken out of his share of his parent’s estate. He was fine with that. He made no effort to repay the loan. - [Missing Persons: When is Someone Dead for Estate Planning Purposes?](https://absolutetrustcounsel.com/missing-persons-when-is-someone-dead-for-estate-planning-purposes/) - The recent mystery surrounding the disappearance of Malaysian Flight 370 and other recent airline disasters has raised any number of legal issues that may take years to resolve. First and foremost, you wonder how many passengers on that flight had any kind of estate documents – wills, trusts, etc. Some of the passengers were not - [Estate Planning for a Single Person](https://absolutetrustcounsel.com/estate-planning-for-a-single-person/) - When we think of estate planning, most of the time we think in the context of spouses and children. In fact, most people do wind up bequeathing everything to their spouse and their kids. At the same time, power of attorney and advance health care directives are usually delegated to spouses and children. Yet, there - [Issues with Probate - Part III](https://absolutetrustcounsel.com/issues-probate-part-iii/) - Is Your Safe Deposit Box Accessible Upon Your Death? Harry Williamson planned well for his death. After consulting with his attorney, he prepared and executed a comprehensive estate plan, including a Last Will and Testament, a Living Trust, an Advance Healthcare Directive, a HIPAA release, and powers of attorney for healthcare and finances. - [How to Avoid Conflict in Your Estate Plan - Part II](https://absolutetrustcounsel.com/avoid-conflict-estate-plan-part-ii/) - Preplanning avoids disputes over gifts and loans After Marilyn Walker’s untimely death, her family solemnly gathered for the reading of her will. According to her attorney, Marilyn divided her estate equally among her four children. Everything seemed cut and dried, until Marilyn’s eldest daughter, Kate, spoke up. - [How to Avoid Conflict in Your Estate Plan - Part III](https://absolutetrustcounsel.com/avoid-conflict-estate-plan-part-iii/) - Should You Hire A Professional Fiduciary? Marilyn Simons was irate. “I’m telling you, Bob, that estate planning attorney thinks we have raised a bunch of dummies. We have three children, all perfectly competent adults. Why shouldn’t we nominate one of them to oversee our affairs? I am quite sure none of them would object.” - [Issues with Probate - Part IV](https://absolutetrustcounsel.com/issues-probate-part-iv/) - Lost or Undiscovered Assets Pose Problems for the Administration of an Estate When Jonathan Morgan was named the executor of his father’s estate, he thought he had an easy task ahead of him. After all, his father, Harold, had assured him that he had carefully listed every asset he owned on a sheet of notebook paper attached to his will. - [Issues with Probate - Part V](https://absolutetrustcounsel.com/issues-probate-part-v/) - Failure to timely probate estates creates problems for heirs When Franklin Davies died, his wife, Jennifer was quite confident that all their ducks were in a row. After Franklin inherited a significant number of assets from his father, Harold, the couple decided to create a Living Trust and place most of those assets in the trust for the benefit of their children. Among those assets was a beachfront home. Eventually, Franklin and Jennifer decided to make that home their main residence. - [When Creating a Will, Words Matter](https://absolutetrustcounsel.com/creating-will-words-matter/) - Barry Donovan died a happy man. Not only was he joining his late wife, Sarah, in the great beyond, he was also confident his assets would be fairly distributed in accordance with his will. Several days after he had been laid to rest, Barry’s five children—James, John, Sarah, Sally, and Iris—and his surviving siblings—Joseph, Sally, - [Foreign Beneficiaries Can Pose a Challenge for Estate Plans](https://absolutetrustcounsel.com/foreign-beneficiaries-can-pose-challenge-estate-plans/) - Anna Mercer’s family was quite excited when she met and married Klaus Jergen. After their joyous nuptials, the couple moved to Vienna, Austria, where Klaus was employed at a local school as a history teacher. Anna, a pastry chef, soon found employment at a local bäckerei or bakery, where she perfected the art of the - [Don't Neglect The Small Stufff](https://absolutetrustcounsel.com/dont-neglect-small-stufff/) - The most frequent fights upon the passing of a parent are not about the money, but about the objects that have sentimental value; your mother’s wedding ring, the family bible that has been passed down for generations, or your grandmother’s quilt. These are objects that may have very little financial value, but are filled with - [Kirsten Gets Interviewed on Live Radio](https://absolutetrustcounsel.com/kirsten-gets-interviewed-live-radio/) - https://www.dropbox.com/s/l8u1l8j1htcf3cd/TGODFH%20w-Kirsten%20Howe%202017.02.25.mp3?dl=0 - [Determining Mental Capacity in Estate Planning](https://absolutetrustcounsel.com/determining-mental-capacity-estate-planning/) - Aunt Minnie may appear to be a little flighty and forgetful, but does that mean she is incapable of creating and legally executing (signing) a will? The answer is complicated. The preparation of an estate plan, which may include a will, trust, and/or other documents, involves many steps. Assets and liabilities must be identified and - [SPRING 2016 - The ABLE Act: A New Tool for the Special Needs Community](https://absolutetrustcounsel.com/spring-2016-the-able-act-a-new-tool-for-the-special-needs-community/) - Late in 2014, the federal ABLE ("Achieving a Better Life Experience") Act was signed into law to become effective in California this year. The law is designed to provide those with special needs a way to save money without losing needs-based public benefits such as SSI or Medi-Cal. This is an important issue and, perhaps - [WINTER 2016 - Why We Fail to Plan For Long-Term Care](https://absolutetrustcounsel.com/winter-2016-why-we-fail-to-plan-for-long-term-care/) - Most Americans do not know, or refuse to accept, the facts surrounding their potential need for long-term care and the costs associated with it. This was reconfirmed recently in a telephone survey of 1,735 Americans over the age of 40, funded by the SCAN Foundation and conducted by the Associated Press (AP) – NORC Center ## Pages - [Absolute Trust Counsel](https://absolutetrustcounsel.com/) - Absolute Trust Counsel provides estate planning, trust administration, probate, Medi-Cal planning, and special needs planning in Walnut Creek, CA. Get personalized legal guidance to protect your family, assets, and legacy. - [A Will Is Not Enough E-Book Optin](https://absolutetrustcounsel.com/a-will-is-not-enough-e-book-optin/) - From the Host of Absolute Trust Talk, Kirsten HoweFree California Estate Planning GuideA Will Is Not EnoughGet the free California estate planning guide that walks Bay Area families through what a comprehensive estate plan actually includes — and why a will alone may not cover everything your family needs.In this free guide, you'll learn:The six documents - [Practice Areas](https://absolutetrustcounsel.com/practice-areas/) - Explore estate planning, probate, trust administration, Medi-Cal planning, and special needs planning services from Absolute Trust Counsel in Walnut Creek, CA. - [Pre-Meeting Booking Confirmation](https://absolutetrustcounsel.com/pre-call/) - Your Meeting Time is Reserved — But Not Yet Confirmed.There's one short step left before your initial meeting with Kirsten is locked in. 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Turns out, it was true, but it was just - [Federal Transfer Taxes](https://absolutetrustcounsel.com/practice-areas/federal-transfer-taxes/) - Absolute Trust Counsel provides estate and gift tax planning guidance in Walnut Creek to help families protect assets, reduce tax exposure, and preserve wealth. - [Press Releases](https://absolutetrustcounsel.com/press-releases/) - Read news, media updates, and press releases from Absolute Trust Counsel on estate planning, trust administration, Medi-Cal planning, elder law, and related legal topics. - [Events](https://absolutetrustcounsel.com/events/) - Explore estate planning, elder law, Medi-Cal planning, and trust administration events and resources from Absolute Trust Counsel in Walnut Creek. - [Elder Advocacy & Law Boot Camp Resources](https://absolutetrustcounsel.com/bootcampattendees/) - Welcome to the Elder Advocacy & Law Boot Camp Resource Page! We appreciate your interest in our Elder Advocacy & Law Boot Camp event and your support for our seniors in Contra Costa and beyond. As the number of aging Americans 65 and older continues to rise, so does the need to support our elder - [interviews](https://absolutetrustcounsel.com/interviews/) - Estate Planning InterviewsKRON4 News Features Estate Planning Expert Kirsten Howe on Potential Medi-Cal CutsPotential Federal Funding Cuts to Medi-Cal Could Leave Seniors Without Care or Even a Home “Saving as much as you can, downsizing, you know, minimizing whatever you need to do. But I mean, these benefits are often for someone in a skilled - [Introduction to Family Trusts](https://absolutetrustcounsel.com/practice-areas/intro-family-trusts/) - Walnut Creek Trusts & Estates Attorney Additional Information Do I Need an Estate Plan? Intestacy Estate Tax Conservatorship Probate Hazards of Joint Tenancy Are Your Parents (and You) Prepared? Basic Estate Plan Outline Estate Planning Glossary Introduction to Family Trusts Establishing a revocable Family Trust will accomplish at least three fundamental estate planning objectives. A - [Client Membership Program](https://absolutetrustcounsel.com/client-membership-program/) - Keeping Your Estate Plan Up to Date Means Greater Peace of Mind Your enrollment in our Client Membership Program protects your legacy by offering Access, Updating and Enhancement to your estate planning. Depending on the level, your membership will include: Access Your “quick questions” will be answered, by an attorney or other team member as needed, - [Estate Planning Detail](https://absolutetrustcounsel.com/practice-areas/estate-planning-detail/) - Additional Information Do I Need an Estate Plan? Intestacy Estate Tax Conservatorship Probate Hazards of Joint Tenancy Are Your Parents (and You) Prepared? 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Absolute Trust Counsel helps with wills, trusts, powers of attorney, health care directives, asset protection, and legacy planning. - [Newsletter](https://absolutetrustcounsel.com/newsletter/) - Welcome to Our Newsletter As part of our library of free educational estate planning content, we are pleased to share with you exclusive contributions from our in-house experts and colleagues. Our newsletters contain insightful news pieces, and keep you informed of all our upcoming events and activities, so you never miss out. Download Now! Spring - [Probate Administration Discovery Call](https://absolutetrustcounsel.com/probate-administration-discovery-call/) - Call Now: 925-943-2740Need Help with Probate? Let’s Talk and See If We’re the Right Fit.Book Your FREE 20-Minute Probate Administration Discovery Call to Get Clarity on Your Next Steps—The First Step Toward a Full Consultation Losing a loved one is hard enough—figuring out probate shouldn’t add to the stress. 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Our priority is our clients’ well-being, and we take great pride in structuring the most effective estate plans in - [Can Medi-Cal Help You Pay Your Nursing Home Expenses?](https://absolutetrustcounsel.com/can-medi-cal-help-pay-nursing-home-expenses/) - Can Medi-Cal Help You Pay Your Nursing Home Expenses? If you had to add an extra $8,000 – $12,000 to your monthly budget because a spouse or parent needed nursing home care, how long could you do it? With proper planning, you can stop the rapid outflow of cash before it’s all gone. Join us - [Thank You!](https://absolutetrustcounsel.com/thank-you-2/) - Your Introductory Trust Administration Roadmapping Call is Booked! Our team of skilled attorneys and staff have extensive experience in trust administration. We understand how overwhelming the process can be and can assist you with understanding your responsibilities. We consider it a privilege to help you sort out all of your trust administration needs. 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Make Final Arrangements The most immediate task when someone dies is to make the final arrangements. Many people contact a funeral home for help with arrangements. If the decedent was religious, call the pastor, priest, rabbi or other religious leader for guidance. You will need to - [Estate Planning Walnut Creek Estate Planning Lawyer](https://absolutetrustcounsel.com/practice-areas/estate-planning-walnut-creek/) - Additional Information Do I Need an Estate Plan? Intestacy Estate Tax Conservatorship Probate Hazards of Joint Tenancy Are Your Parents (and You) Prepared? Basic Estate Plan Outline Estate Planning Glossary Introduction to Family Trusts You have worked hard to achieve success. Now you want to make sure your assets are protected, your golden years spent - [Estate Planning Glossary](https://absolutetrustcounsel.com/practice-areas/estate-planning-glossary/) - Additional Information Do I Need an Estate Plan? Intestacy Estate Tax Conservatorship Probate Hazards of Joint Tenancy Are Your Parents (and You) Prepared? Basic Estate Plan Outline Estate Planning Glossary Introduction to Family Trusts General Terms Community Property (CP): A form of ownership allowed only between husband and wife, and allowed only in “community property - [Estate Administration](https://absolutetrustcounsel.com/practice-areas/estate-administration/) - Estate AdministrationTake the stress out of trust administration. Losing a loved one is a traumatic experience. Making important financial and legal decisions while grieving is extremely difficult. We have the experience and compassion necessary to make the complex process, whether trust administration or probate, as efficient and stress-free as possible. We will guide your heirs - [What To Do When Someone Dies](https://absolutetrustcounsel.com/what-to-do-when-someone-dies/) - Checklist: When Your Loved One Dies. 1. Make Final Arrangements The most immediate task when someone dies is to make the final arrangements. Many people contact a funeral home for help with arrangements. If the decedent was religious, call the pastor, priest, rabbi or other religious leader for guidance. You will need to notify others - [Careers](https://absolutetrustcounsel.com/careers/) - Current Opening Administrative Assistant Law Office (Walnut Creek) Absolute Trust Counsel is a small, established law firm in Walnut Creek focusing on estate planning, estate and trust administration, probate, Medi-Cal planning and special needs planning. We are seeking a full-time assistant to provide a high level of administrative support to our clients, affiliates and our - [Presentations](https://absolutetrustcounsel.com/presentations/) - Need a Speaker to Answer the Unknowns of the Estate Planning World? Kirsten Howe has spoken at dozens of organizations in the greater Walnut Creek area and would love to contribute valuable information customized and broken down into simple yet engaging content specifically for your group. Kirsten’s presentations offer advice about the unknown or challenges - [Do You Have a Plan for Your Business if You Become Incapacitated?](https://absolutetrustcounsel.com/plan-business-become-incapacitated/) - Do You Have a Plan for Your Business if You Become Incapacitated? No one likes to think about incapacity or death, but have you stopped to consider what would happen to your business, the business you worked so hard to build and grow, if you suddenly became ill and were unable to work for an - [Prop. 19](https://absolutetrustcounsel.com/prop19/) - Navigating Prop. 19: What You Need to Do Now Proposition 19 is a ballot measure passed in the November 2020 election in the state of California that significantly changes the property taxes on real estate inherited by children from their - [Special Needs Tools](https://absolutetrustcounsel.com/special-needs-tools/) - Planning for a Lifetime of Needs Families of children and persons with special needs face unique estate planning challenges that must be addressed with extra thought and care. Because a special needs person may not be able to support themselves, they will rely on government benefits such as Supplemental Security Income (SSI) and Medi-Cal. However, - [Understanding PPP Loan Forgiveness - Webinar](https://absolutetrustcounsel.com/understanding-ppp-loan-forgiveness-webinar/) - Understanding PPP Loan Forgiveness with Ed Gines Unprecedented times call for unprecedented measures. When the Federal government rolled out the Paycheck Protection Program as part of Coronavirus relief, many who qualified jumped at the opportunity to help keep their employees on the payroll. And while it has been a lifesaver for many businesses, the application - [Elder Law/Medi-Cal PlanningWalnut Creek Elder Law Attorney](https://absolutetrustcounsel.com/practice-areas/elder-lawmedi-cal-planning/) - Elder law encompasses a number of practice areas, including Medi-Cal planning, estate planning, asset protection and more. Kirsten Howe helps seniors remain independent for as long as possible, protects their assets against the expense of nursing home care, and offers compassionate guidance and sound legal counsel in a Medi-Cal crisis situation. She can help you - [Estate Planning Glossary](https://absolutetrustcounsel.com/estate-planning-glossary/) - Glossary: Common Estate Planning Terms Explained Community Property (CP): A form of ownership allowed only between husband and wife, and allowed only in “community property states”; includes all earnings and all appreciation on community property accrued during marriage unless otherwise agreed upon in a pre-marital agreement; CP is treated as owned one-half by each spouse. Each spouse has - [Special Needs Planning](https://absolutetrustcounsel.com/special-needs-planning/) - Families of children with special needs face specific estate planning challenges that must be very carefully addressed. Parents, grandparents and other family members can ensure or contribute to the support of a special needs person by creating a special needs trust. Special needs persons include those with disabilities, developmental delay, such as autism, those who - [Are You Prepared?](https://absolutetrustcounsel.com/are-you-prepared/) - Checklist: Are You and Your Parents Prepared? If you are a member of that middle generation – caring for your children at the same time you’re worrying about aging parents – it’s important to have an open conversation with your parents now, while they still have the ability to prepare for their own incapacity - [Basic Estate Plan Contents](https://absolutetrustcounsel.com/basic-estate-plan-contents/) - Basic Estate Plan Contents Advance Health Care Directive: A document for you to appoint agents to assist you with medical decisions if you cannot make decisions on your own behalf; can also specify your wishes regarding medical treatment; copies of this document should be provided to your health care providers; valid only during your life. Certification of - [Five Pitfalls You Can Avoid](https://absolutetrustcounsel.com/five-pitfalls-can-avoid-estate-plan/) - Five Pitfalls You Can Avoid by Having an Estate Plan Allowing the State to Make Decisions for You Without an estate plan, the state of California decides how to distribute your assets. In California, if you are married with children, up to half of your separate property will pass to your children, not to your - [Our Services](https://absolutetrustcounsel.com/our-services/) - What We DoWe are Leaders on the Market We are the industry leader in establishing an innovation-friendly organization, developing new business models and new products. The company is on the cutting edge of new technologies and innovative business processes. The mission of the company is to recognize investment opportunities and transform them into successful long-term - [Customization](https://absolutetrustcounsel.com/customization/) - CustomizationOur Customization Services Logo/company’s name replacement – $19 We will replace the template’s logo with yours on each of the template’s pages. Customer should provide logo in good quality in .PSD, .EPS, .AI or .CDR format Advanced contact form for WordPress template – from $45 Creating advanced contact form with your own fields with dropdowns - [Video tutorials](https://absolutetrustcounsel.com/video-tutorials/) - How to install theme, plugins, child themeHow to install dummy data How to update themeHow to update pluginsView more videos - [What to Expect](https://absolutetrustcounsel.com/what-to-expect/) - 1. Gathering Information First, we’ll review what we are trying to accomplish at this meeting. I’ll tell you what I plan on covering and you can tell me what you would like to discuss. Then, I will ask you a lot of questions. I want to learn your story. I’d like to hear about the - [Video Library](https://absolutetrustcounsel.com/video-library/) - How Does Life Insurance Fit Into My Estate Plan? Retirement Assets Do I Really Need to do Estate Planning? - [One Cost of Probate: Calculation of Probate Fees](https://absolutetrustcounsel.com/practice-areas/california-probate-fees/) - Additional Information California Probate Fees When Someone Dies The costs of probate can be substantial and represent significant wealth loss to your heirs. The following is the California Probate Code section specifying probate fees and an example of the amount of probate fees due on a $1,500,000 - sized estate. CALIFORNIA PROBATE CODE #10810: Statutory - [Basic Estate Plan Outline](https://absolutetrustcounsel.com/practice-areas/basic-estate-plan/) - Additional Information Do I Need an Estate Plan? Intestacy Estate Tax Conservatorship Probate Hazards of Joint Tenancy Are Your Parents (and You) Prepared? Basic Estate Plan Outline Estate Planning Glossary Introduction to Family Trusts "Pour-Over" Will: Legal document which allows you to nominate guardians for your minor children; also serves as a back-up device for ## ESG Posts - [Absolute Trust Counsel Launches Podcast, Absolute Trust Talk](https://absolutetrustcounsel.com/essential_grid/east-bay-law-office-launches-podcast-absolute-trust-talk/) - Greater Bay Area estate planning firm Absolute Trust Counsel announces the launch of the Absolute Trust Talk podcast. Absolute Trust Talk was launched as a new avenue to educate clients and prospects on a wide variety of trending business and financial wellness topics and how they can make better-informed decisions when planning for the future. - [Bay Area Estate Attorney Warns of Potential Cuts to Critical Medi-Cal Services](https://absolutetrustcounsel.com/essential_grid/bay-area-estate-attorney-warns-of-potential-cuts-to-critical-medi-cal-services/) - As federal budget negotiations continue and government efficiency initiatives take hold, estate planning attorney Kirsten Howe raises the alarm about potential threats to Medi-Cal funding that could devastate California’s elderly population and their families. With skilled nursing facility costs averaging $12,775 per month in the San Francisco Bay Area and in-home care reaching a staggering - [Debbie Reynolds and Carrie Fisher’s Deaths Give Offspring Millions to Inherit Overnight](https://absolutetrustcounsel.com/essential_grid/debbie-reynolds-carrie-fishers-deaths-give-offspring-millions-inherit-overnight/) - Walnut Creek Estate Planning Attorney Comments Did Debbie Reynolds and Carrie Fisher Protect Billie Lourd, Carrie’s Daughter, with the Right Estate Plan? In late December, the world was rocked and saddened by the passing of not only one screen icon, Carrie Fisher, but also her mother, actress Debbie Reynolds. Losing two generations back to back - [Bill Paxton’s Death Sheds a New Light on Pre-Surgery Estate Planning Essentials](https://absolutetrustcounsel.com/essential_grid/bill-paxtons-death-sheds-new-light-pre-surgery-estate-planning-essentials/) - Walnut Creek Estate Planning Attorney, Kirsten Howe, Comments How Bill Paxton’s Death Reminds Us To Plan Ahead Hollywood takes another hit as we see iconic silver screen legend, Bill Paxton, pass away due to heart surgery complications on February 25th. As difficult as it is to have conversations about how and where you want to - [Absolute Trust Counsel Launches the Elder Advocacy & Law Boot Camp - 2019](https://absolutetrustcounsel.com/essential_grid/7753/) - A 1-Day Educational Event to Strengthen Elder Care Service Solutions for Local Seniors in Contra Costa County As the number of aging Americans 65 and older continues to rise, so does the need to support our elder community care systems to protect quality of life for as long as possible. Taking leadership in addressing these - [Absolute Trust Counsel to Hold Free Virtual Trust Administration Event for California CFPs and CPAs](https://absolutetrustcounsel.com/essential_grid/absolute-trust-counsel-to-hold-free-virtual-trust-administration-event-for-california-cfps-and-cpas/) - The absolute trust academy trust administration 101 continuing education event will examine procedures and preparedness protocols to enhance practice efficiencies. 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To The Firm](https://absolutetrustcounsel.com/essential_grid/absolute-trust-counsel-welcomes-new-attorney-madison-gunn-esq-to-the-firm/) - Seasoned Associate Attorney Adds Integral Growth and Depth to the Firms Established Estate Planning Legal Services Greater Bay Area estate planning firm, Absolute Trust Counsel, is pleased to welcome new hire Madison Gunn as an associate attorney. Madison is a part of the firm’s ongoing growth and commitment to better serving the aging adult community - [The New Old Age: America’s Elders Fumbling Through the Journey of Aging](https://absolutetrustcounsel.com/essential_grid/the-new-old-age-americas-elders-fumbling-through-the-journey-of-aging/) - Absolute Trust Talk Investigates Coping and Caring for the Crisis Seniors Are Facing Absolute Trust Talk, a monthly podcast released by Absolute Trust Counsel, recently sat down with Linda Fodrini-Johnson, Founder and Executive Director of Eldercare Services, to discuss the solution to aging with ease. Fodrini-Johnson reports that two scenarios are happening with older adults. One, they - [Tax Law Changes Impact Charitable Giving; Is Philanthropy Motivated by Tax Reasons Dead?](https://absolutetrustcounsel.com/essential_grid/tax-law-changes-impact-charitable-giving-is-philanthropy-motivated-by-tax-reasons-dead/) - Absolute Trust Talk Releases a New Episode Featuring John Muir Health Foundation Vice President of Legacy Giving That Highlights a Shift in How Philanthropic Goals Are Incorporated into Estate Planning. Absolute Trust Talk, a monthly podcast released by Absolute Trust Counsel, recently sat down with Michael Crvarich, Vice President of Legacy Giving at the John - [Popular Podcast Focuses on Alzheimer’s: Early Detection, Future Planning and Signs Misinterpreted](https://absolutetrustcounsel.com/essential_grid/popular-podcast-focuses-on-alzheimers-early-detection-future-planning-and-signs-misinterpreted/) - Absolute Trust Talk Releases a New Episode Featuring Alzheimer’s Association of Northern California Expertise Highlighting Important Medical Updates on the Disease Absolute Trust Talk, a monthly podcast released by Absolute Trust Counsel, recently sat down with Dori Sproul, a family care specialist from the Alzheimer’s Association of Northern California, to discuss the myths and misconceptions - [RESPECT May Not Be Exactly What Aretha Franklin’s Legacy Will Get](https://absolutetrustcounsel.com/essential_grid/respect-may-not-be-exactly-what-aretha-franklins-legacy-will-get/) - Walnut Creek estate planning attorney Kirsten Howe comments on how Aretha Franklin could have spared the loss of millions from her estate and protected her family from the court battle that is likely to ensue. Weeks have passed since the death of the Queen of Soul herself, Aretha Franklin, and the world is still reeling - [Nichelle Nichols Conservatorship Battle Sheds Light on Estate Plannning for Incapacity](https://absolutetrustcounsel.com/essential_grid/nichelle-nichols-conservatorship-battle-sheds-light-on-estate-plannning-for-incapacity/) - Walnut Creek Estate Planning Attorney, Kirsten Howe, Comments on How Nichelle Nichols could have avoided a battle over her abilities to care for herself. 85-year-old actress, Nichelle Nichols, famously known for portraying Lieutenant Uhura on the original “Star Trek,” is currently the subject of a conservatorship battle pending in Los Angeles Superior Court. Nichols’ son, - [Leading Industry Experts Speaking at myStockOptions Financial-Planning Conference](https://absolutetrustcounsel.com/essential_grid/leading-industry-experts-speaking-at-mystockoptions-financial-planning-conference/) - Organized by myStockOptions.com, the national one-day conference Financial Planning for Public Company Executives & Directors (http://www.myStockOptions.com/conference) is a must-attend event for professionals working with or seeking to advise executives, directors, and high-net-worth employees who have stock compensation and holdings of company stock. To be held in the Boston area on June 18, 2018, this unique - [Test Podcast Ess Grid 1](https://absolutetrustcounsel.com/essential_grid/test-podcast-ess-grid-1/) - [Absolute Trust Counsel Announces New Associate Estate Planning Attorney, Cynthia Barclay, to Join Firm](https://absolutetrustcounsel.com/essential_grid/law-office-kirsten-howe-announces-new-associate-estate-planning-attorney-cynthia-barclay-join-firm/) - Seasoned Associate Attorney Adds Integral Growth and Depth to the Firms Established Estate Planning Legal Services Greater Bay Area estate planning firm, Absolute Trust Counsel, is pleased to welcome new hire Cynthia Barclay as associate estate planning attorney. Cynthia concentrates her practice in all aspects of California trust and estate planning. Prior to joining, Cynthia - [Kirsten Howe, Featured Speaker - Free Financial Planning Workshops at Walnut Creek Library](https://absolutetrustcounsel.com/essential_grid/free-financial-planning-workshops-at-walnut-creek-library/) - WALNUT CREEK — Finance 101, presented by the Walnut Creek Library Foundation, is a series of four free financial workshops offered on Monday afternoons starting Oct. 16 in which experts will discuss tax implications on retirement income, cyber security, estate planning and planning for nursing home expenses. The sessions are “Investing for the Life You Deserve — Today ## Testimonials - [Taralynn Satterfield Akers](https://absolutetrustcounsel.com/testimonials/taralynn-satterfield-akers/) - I am writing this letter to express my gratitude for the exceptional service Kirsten has given my family. Kirsten Howe, Attorney at Law, has been a blessing for our family in numerous ways. In late 2006 we suddenly lost my beloved father. The complicated dealings of settling my parent’s estate combined with managing the small ## Testimonials - [Casey S](https://absolutetrustcounsel.com/testimonial/casey-s/) - "Kirsten Howe is a top-notch attorney. If you are looking for a professional, you must contact Kirsten for help!" - [Mark S](https://absolutetrustcounsel.com/testimonial/mark-s/) - "Absolute Trust Counsel has helped my good clients for many years now. As a local professional, I depend on top-tier advice and follow up for my friends, family, and associates. Kirsten and her team have demonstrated just that. 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