007: Divorce: Prenup, Postnup and Everything in Between
Release Date: 05/01/2018
173: Stop Family Feuds: Expert Tips for Probate Real Estate Sales
Absolute Trust Talk
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 market positioning. Nathan shares firsthand insights on navigating these transactions while ensuring a smooth process for grieving heirs. Key takeaways include the importance of professional guidance, how family relationships impact...
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171: IRS Audits Uncovered: What Triggers Them and How to Prepare
Absolute Trust Talk
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 audits. Tony, who has litigated complex tax cases for the U.S. Treasury Department and represented Fortune 500 companies and high-net-worth individuals at Ernst & Young, shares insider knowledge on what triggers audits, the IRS selection process, and how to avoid common red...
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172: IRS Audits Uncovered Part 2: Protests and Appeals Explained
Absolute Trust Talk
Intro Summary] 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 a protest letter, how appeals officers function as mediators, and why IRS litigation can be risky for taxpayers. Throughout the episode, Tony emphasizes the importance of organization, professionalism, and strategic decision-making when dealing with the...
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170: How to Secure Your Estate: Insights from O.J. Simpson’s Latest Legal Drama:
Absolute Trust Talk
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 control. As they speculate on the case, the hosts examine the potential motives behind this action—such as the strategic use of an LLC and homestead exemptions—and the significant implications for addressing Simpson’s mounting debts, including...
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169: Understanding Probate Part 3: How to Get Your Will Admitted to Probate
Absolute Trust Talk
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 of relying on a photocopy—or finding out too late that the original has been lost or destroyed. Finally, they underscore the importance of keeping your estate documents organized to avoid future probate headaches. If you’re preparing...
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168: Understanding Probate Part 2: What Exactly Is a Will?
Absolute Trust Talk
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 authenticity. They also explore the differences between a holographic will and the more formal, witnessed variety. This insightful conversation offers a clearer view of one of the most essential components of the probate process. ...
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167: Understanding Probate: A Closer Look at the Personal Representative’s Duties
Absolute Trust Talk
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 exploring how the court appoints someone to oversee an estate, they underscore the importance of having a well-crafted plan in place. If you’ve ever wondered about the nuts and bolts of probate or questioned whether your own...
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166: Don't Fall for Disaster Scams: Tips to Safely Support Fire Relief Efforts
Absolute Trust Talk
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 also highlights essential disaster preparedness tips, including safeguarding your pets during emergencies. We’re thinking of everyone and hope you all stay vigilant, give wisely, and can help make a meaningful difference in times of...
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165: When ‘I Wish’ Isn’t Enough: Precatory Clauses and the Mangione Family Estate
Absolute Trust Talk
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 in his wealthy grandmother’s estate. Even more intriguing, the will allegedly includes a precatory clause—or “wish language”—suggesting that beneficiaries charged with a felony could forfeit their inheritance. ...
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164: Shielding Your Legacy: How to Avoid Estate Litigation Pitfalls
Absolute Trust Talk
Welcome back to Absolute Trust Talk for Part 2 of our exciting deep dive into estate litigation with our associate attorney and former litigator, Ariana Flynn! In this episode, we’re exploring the steps you can take to prevent challenges to your estate plan after you’re gone. Ariana shares valuable insights from her experience, including how writing explanatory letters to explain tough decisions and how receiving a neuropsych evaluation can also make a difference. We also discuss how working closely with your estate planner can help protect your wishes, with tips on handling co-trustees...
info_outlineIn 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 overlap between estate planning and divorce by examining community property, characterization of assets, and the protection a postnup can offer married couples years into their marriage.
Later, Ariel weighs in on what couples heading for divorce should think about and offers actionable tips and tools.
Big Three From Episode # 007:
- Have the uncomfortable conversations with your spouse
- Plan ahead, even if it seems like something you don’t need to think about, you do.
- Always seek counsel. Don’t try and do the work on your own. It’s more efficient to do it right the first time than to hire someone to clean up your mistakes.
Time-stamped Show Notes
2:55 – What kinds of couples need a prenuptial agreement?
3:50 – Ariel talks about the pros of a prenup
4:20 – Ariel talks about the cons of a prenup
5:30 – Ariel and Kirsten discuss what a prenup protects
6:15 – Spousal support gets tricky here – don’t think you need it, but do you?
8:09 – Ariel highlights the things a prenup doesn’t protect
9:09 – Kirsten talks about community property, the magic number 8 and post nuptial agreements
10:59 – What’s the difference between prenups and postnups?
12:02 – How to ensure your prenup is enforceable – hint: the answer isn’t online.
14:30 – Ariel roadmaps what a divorce looks like with a prenup and without a prenup
19:00 – What should couples think about when they are heading for divorce?
24:06 – What does child custody look like in divorce?
27:54 – What are other custody disputes?
33:13 – Ariel talks ladies in law
Episode # 007 Freebie:
Heading for divorce is an emotional time and getting your head in the game is not always the easiest. Your judgment is probably clouded whether or not the separation is mutual. If you are heading down this road, it’s time to get started and get ahead of the game. Family lawyer and Absolute Trust Talk guest Ariel Brownell Lee has put together a free pre-divorce checklist and roadmap. These take a bit of guesswork out of your future. From issues to consider, to documents to gather, Ariel provides and a broad overview of what to expect from filing to judgment. Ariel hopes these tools will bring a little bit of support and a little bit of certainty to you about starting the process.
Resources/Tools/Links Mentioned in this Episode:
A Seat at the Table: http://cwlseatatthetable.blogspot.com