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018: How Invested Are You? Portfolio Protection You Need to Know About Brokers and Advisors

Absolute Trust Talk

Release Date: 10/16/2018

162: Untangling Community vs. Separate Property Issues in Estate Planning (Part 2) show art 162: Untangling Community vs. Separate Property Issues in Estate Planning (Part 2)

Absolute Trust Talk

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, stressful situations. From intestacy horror stories to blended family challenges, Ruth shares real-world examples and valuable insights gained from her 25+ years of experience, including representing Fortune 500 companies....

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161: What’s Yours, Mine, and Ours? Untangling Community vs. Separate Property in Estate Planning show art 161: What’s Yours, Mine, and Ours? Untangling Community vs. Separate Property in Estate Planning

Absolute Trust Talk

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 high-stakes family dynamics—brings an invaluable perspective to this discussion.   Together, Kirsten and Ruth dive deep into the complexities of community and separate property in estate planning. From clarifying...

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160: Celebrity Probate Case Files: O.J. Simpson show art 160: Celebrity Probate Case Files: O.J. Simpson

Absolute Trust Talk

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 million judgment. From the auctioning of memorabilia to an intriguing home equity dispute, this episode uncovers the complexities faced by executors in balancing creditors' claims and legal obligations. Whether you're a...

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159: Trustees' Checklist: Essential Notices You Can't Afford to Miss show art 159: Trustees' Checklist: Essential Notices You Can't Afford to Miss

Absolute Trust Talk

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. They discuss the critical 120-day notice to trust beneficiaries and heirs, informing them of their rights to contest the trust. They also cover essential notifications to the Department of Health Care Services and...

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158: Avoiding Trustee Liability: Critical Steps Before Distributing Assets show art 158: Avoiding Trustee Liability: Critical Steps Before Distributing Assets

Absolute Trust Talk

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 must ask before making final distributions:   1.     Have I done everything necessary concerning income taxes? 2.     Is there a supplemental property tax...

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157: Avoiding Probate Hassles: Understanding California's 2025 Law Change show art 157: Avoiding Probate Hassles: Understanding California's 2025 Law Change

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...

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156: Probate Alternatives: Real Estate Affidavits and Succession Petitions Explained show art 156: Probate Alternatives: Real Estate Affidavits and Succession Petitions Explained

Absolute 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...

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155: Spousal Property Petitions: An Easier Alternative to Probate show art 155: Spousal Property Petitions: An Easier Alternative to Probate

Absolute 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...

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154: Unlocking Assets Without Probate: The Benefits of Using a Small Estate Affidavit show art 154: Unlocking Assets Without Probate: The Benefits of Using a Small Estate Affidavit

Absolute 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...

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153: AB Trusts After 2013: What You Need to Do Now show art 153: AB Trusts After 2013: What You Need to Do Now

Absolute 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...

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More Episodes

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 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:

  1. Remain aware of your situation
  2. Remain involved
  3. Don’t be afraid to ask questions
  4. 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