017: Disability Income – How To Do It Right and Avoid The Many Pitfalls
Release Date: 10/02/2018
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...
info_outlineAbsolute 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...
info_outlineAbsolute 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...
info_outlineAbsolute 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...
info_outlineAbsolute 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...
info_outlineAbsolute 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. ...
info_outlineAbsolute 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...
info_outlineAbsolute 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...
info_outlineAbsolute 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. ...
info_outlineAbsolute 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 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 for the Employee Retirement Income Security Act of 1974. In this episode, she highlights the most important tips, tricks, and strategies surrounding all things disability income.
Kirsten and Michelle begin by talking about the different types of disability income. They later discuss common mistakes that people make when filing for disability, and why it’s crucial for someone filing for disability to seek an attorney’s advice. Then Kirsten and Michelle break down the multitude of ways in which claimants can get into trouble when their claim gets denied, limitations that people might not realize about disability policies and what types of disability are covered by private plans.
Top Takeaway from Episode #017:
- If you do have a denied disability claim, seek legal advice before you move forward – there are too many pitfalls that could cause even more damage.
Time-stamped Show Notes:
2:30 – Michelle starts by discussing the different types of disability income benefits that are available
5:40 – Because the focus of the show is on private benefits, Michelle highlights what ERISA is and how it governs disability income benefits
9:47 – Kirsten asks Michelle to share some of the most common mistakes she sees people make when they are trying to get disability from employers
13:20 – Why it’s important for someone filing disability to talk to an attorney before going it alone and getting the process started
18:05 – If a claim initially gets denied, but the appeal gets approved, does the claimant get the full amount they were originally pursuing?
19:50 – Michelle discusses how “pre-existing condition” applies to the disability world
22:00 – Kirsten asks Michelle, “Are there other limitations buried in these policies that people need to know about?”
26:00 – It sounds like an expensive process of pursuing legal help to apply for disability in the right way. Is that a deterrent for people?
27:25 – Michelle discusses what types of policies are covered by private policies
Episode #017 Freebie:
Filing for disability might seem straightforward, but what many people don’t realize is that it is much trickier than, “My doctor says I’m injured and can’t work.” Absolute Trust Talk guest and disability expert Michelle Roberts is sharing with listeners a vital planning tool called A Guide to Disability Benefits. This straightforward blueprint lays out the different types of disability benefits and walks you through the steps to pursuing a disability claim not just the right way, but also the smart way. Click here to download your copy of A Guide to Disability Benefits.
Resources/Tools/Links Mentioned In This Episode:
Michelle’s Blog – Your ERISA Watch: www.erisawatch.com
Michelle’s Guest Blog Appearance on Absolute Trust Counsel Blog: What’s In Your Medical Records? The Importance of Doctor’s Notes to Support Long-Term Disability Claims Under ERISA