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
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
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
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
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
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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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. ...
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151: Is an AB Trust Right for You? Essential Insights for Married Couples
Absolute 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,...
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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...
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149: Choosing a Child as Your Successor Trustee: Key Factors to Consider
Absolute 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_outlineIn 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 but her vast knowledge base and her endless network of connections across the state of California and beyond.
Discussing home care and even potential end-of-life care is not an easy subject for people, but it’s something that every family should talk about so they know and understand their options. Kirsten and Francesca dive into what services a home care assistant provides, who looks for home care, the questions to ask when looking for the right caregiver, the differences between home care and hospice, and why it’s not recommended to hire just a friend or neighbor. Whether you are in the middle of working these issues out with the seniors in your life or are only in the planning stages, this is an episode not to be missed.
Top Three From Episode #019:
- Ask questions
- Use your resources – Google and Yelp reviews, professionals like bankers and attorneys
- Remember you are never alone
Time-stamped Show Notes:
3:24 – What’s happening in someone’s life when they should be thinking about home care?
6:07 – What kinds of services are a professional caregiver hired for?
9:28 – Francesca defines the difference between hospice and home care.
12:10 – Kirsten asks Francesca to discuss who works for and with Home Care Assistance.
20:14 – What do people need to be thinking about when looking for home care assistance?
22:05 – What kind of questions should potential clients ask about how a client care manager works?
23:12 – Why someone should not just hire a friend or neighbor to give home care assistance.
28:55 – When you need to hire home care, do you sign a contract?
35:50 – What do you do when an elderly client is against care?
Episode #019 Freebie:
“We all lose our keys and forget where we put our reading glasses as we get older. It’s normal.”
In this episode of Absolute Trust Talk, home care expert Francesca Vogel highlights how vital it is to educate seniors and their families on their care options and to provide tools to help them age as happily, healthily and comfortably as possible. Family members will see their elder loved ones start to lose their memories and automatically think the worst, but that’s not always the case. As discussed in today’s episode, Francesca is sharing a guide with listeners called How to Spot the Early Signs of Alzheimer’s. It goes through the various things you might be seeing in your loved one and offers a step-by-step guide to help notice the first signs of Alzheimer’s or determine if there might be something else going on. Click here to download your copy now!
Resources/Tools/Links Mentioned in This Episode:
Book Series by Home Care Assistance Founders
- Mind Over Gray Matter – Mentioned
https://homecareassistance.com