018: How Invested Are You? Portfolio Protection You Need to Know About Brokers and Advisors
Release Date: 10/16/2018
Absolute Trust Talk
A significant shift in California probate law is on the horizon, promising to make estate transfers more accessible for many homeowners. In this episode of Absolute Trust Talk, host Kirsten Howe and associate attorney Jessica Colbert delve into a game-changing legislation effective April 1, 2025. This new law allows for a simplified transfer of primary residences valued up to $750,000 to heirs—without the need for probate or a formal estate plan. They discuss how this expansion of the small estate affidavit and petition procedures can ease the burden on families, making property...
info_outline 156: Probate Alternatives: Real Estate Affidavits and Succession Petitions ExplainedAbsolute Trust Talk
In the third episode of their probate alternatives series on Absolute Trust Talk, host Kirsten Howe and associate attorney Jessica Colbert delve into two streamlined legal procedures that help families avoid the costly and time-consuming probate process when transferring small real estate estates in California. They explain an affidavit procedure for properties valued under $61,500 and a petition for determining succession to property for estates under $184,500. The discussion covers the requirements for each method, including waiting periods, the role of a probate referee, and when each...
info_outline 155: Spousal Property Petitions: An Easier Alternative to ProbateAbsolute Trust Talk
In this episode of Absolute Trust Talk, Kirsten Howe and associate attorney Jessica Colbert delve into the spousal property petition, a vital tool that offers a faster and more cost-effective way for surviving spouses to claim assets from a deceased spouse's estate. They break down the legal nuances, sharing practical examples of how this process works and how it can sometimes be used even after both spouses have passed away. With real-world scenarios and expert advice, this episode sheds light on probate alternatives that can ease the estate administration process for families. Whether...
info_outline 154: Unlocking Assets Without Probate: The Benefits of Using a Small Estate AffidavitAbsolute Trust Talk
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 break down what it takes to qualify for this process, explain how it works to transfer personal property without court involvement and point out some important details and potential challenges. Don’t miss this insightful...
info_outline 153: AB Trusts After 2013: What You Need to Do NowAbsolute Trust Talk
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 realizing it, and what steps you should take if you find yourself in this situation. You’ll also learn why it might be time to reconsider an AB trust, especially if you are the surviving spouse and want to make changes. Don’t miss out on this...
info_outline 152: The Truth About AB Trusts: Will Your Wishes Be Followed?Absolute Trust Talk
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 the deceased spouse's wishes are unintentionally—or even deliberately—overlooked or altered. Tune in as we explore how and why this happens and, more importantly, what steps you can take to ensure that your estate plan works exactly as intended. ...
info_outline 151: Is an AB Trust Right for You? Essential Insights for Married CouplesAbsolute Trust Talk
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 add unnecessary complexity and cost. Tune in as they explain the key benefits of asset control after death, while also considering the downsides, such as tax filing requirements and maintenance expenses. Whether you're revisiting an existing trust or planning for the future,...
info_outline 150: Third-Party Trustees: A Smart Choice for Your Estate Plan?Absolute Trust Talk
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 alternatives, such as corporate trustees. Whether you're making this decision for the first time or revisiting your estate plan, this episode offers practical advice to help you choose the best trustee...
info_outline 149: Choosing a Child as Your Successor Trustee: Key Factors to ConsiderAbsolute Trust Talk
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 the potential challenges that can arise, from sibling dynamics to administrative complexities. Tune in to gain valuable insights and ensure you make an informed decision about your trust’s future. Time-stamped Show Notes: 0:00 Introduction 1:45...
info_outline 148: How to Choose the Right Successor Trustee for Your TrustAbsolute Trust Talk
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. Plus, we’ll share common pitfalls to avoid so you can make the best choice for your family’s future. Time-stamped Show Notes: 0:00 Introduction 0:50 What is a Successor Trustee, and why is naming one essential for your...
info_outlineIn 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 loss of irreplaceable assets.
Kirsten and Bob discuss many topics surrounding his specialty, beginning with who is most likely to be victimized by financial advisors who do not act in the best interest of their clients.. Bob then shares the different types of situations he sees his clients in and how they decided they were in over their heads and needed legal help. Later Bob weighs in on the do’s and don’t’s when looking to hire an advisor or broker and what you should regularly do to stay on top of your portfolio.
Top Take Aways from Episode #018:
- Remain aware of your situation
- Remain involved
- Don’t be afraid to ask questions
- Keep your children involved or (if you’re the kids) make sure you stay involved in your parent’s finances so you know how to put all the pieces together
Time-stamped Show Notes:
3:02 – Bob shares why senior citizens are the most common group of people he works with in regard to the loss of money in investments
4:20 – Kirsten asks Bob to share how clients come to the ultimate conclusion that they are in enough trouble and they need legal help
5:17 – Why senior citizens should not have volatile investments
8:44 – Bob discusses the different types of situations he sees and the types of advisors responsible for taking advantage of investors
11:08 – What “suitable” means regarding an industry standard for advisor-client relationships
15:00 – Bob defines the difference between the fiduciary and suitable standards in terms of responsibility of advisors to their clients
17:03 – Kirsten asks Bob to share what else he sees advisors doing wrong in his practice
19:56 – This is the most important thing you can do when looking to hire an advisor or broker
24:27 – Bob highlights what an investor should stay on top of when they finally hire an advisor or broker
Episode #018 Freebie:
It’s great to have a financial professional to turn to when it comes to making investment decisions, but it’s also important to maintain involvement in your portfolio activity. Absolute Trust Talk guest and attorney Bob Gonser is sharing exclusive access to his portfolio maintenance tool called the Investment Portfolio Check-Up. This questionnaire is designed to help you see any red flags or things you might not recognize in your portfolio. To help ensure the safety of your financial investments we urge you to listen in to this episode and then download the Investment Portfolio Check-Up tool here.
Resources/Tools/Links Mentioned in This Episode:
Finra.org – Broker Check