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...
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163: Courthouse Confessions: Inside Trust and Estate Litigation
Absolute Trust Talk
In this episode of Absolute Trust Talk, managing attorney Kirsten Howe welcomes associate attorneys Jessica Colbert and Ariana Flynn to discuss common issues in trust and estate litigation. Drawing from her experience as a litigator, Ariana highlights three major themes that often arise in family disputes over estates: undue influence, lack of capacity, and complex family dynamics. These challenges can lead to costly and emotional battles over a loved one's assets, making it crucial for individuals to understand the potential pitfalls. Tune in to hear valuable insights on how to navigate...
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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
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
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
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...
info_outlineIn a new episode of Absolute Trust Talk, guest, Konstantine “Kosta” Demiris, joins Kirsten to discuss all things conservatorship. Kosta has a wealth of experience in all aspects of litigation. He has tried hundreds of cases involving trust, estate, probate, conservatorship, guardianship, elder abuse and fraud, real property and HOAs, family law, dependency, criminal law, and unlawful detainer matters.
An experienced practitioner in conservatorship law, Kosta discusses with Kirsten why clients enter into these types of proceedings and why they can be useful in protecting a loved one. They then turn the tables and explain why one should do their homework before pursuing a conservatorship, how they can go wrong, and why one should first try to look for other possible avenues outside of these types of proceedings.
Big Three From Episode #024:
- Do your homework before you decide to go forward
- Tread as carefully and lightly as possible
- Be aware of how serious the proceedings are
Time-stamped Show Notes:
3:43 – Kosta defines a conservatorship
7:30 – Kirsten and Kosta discuss the difficulties of a conservatorship
9:34 – Kosta highlights the abuse of power of attorney
11:09 – How a conservatorship can help with abuse of a power of attorney
14:22 – Kosta discusses why a temporary conservatorship may be necessary
20:14 – Who can be a conservator?
21:07 – Kosta describes what it’s like to be in a conservatorship
27:08 – What happens when someone gets appointed to conservator?
33:32 – Kosta discusses what a bond is and when it’s used in a conservatorship
38:20 – Kosta talks about how long a conservatorship can last
39:37 – Is it important to have an attorney when in a conservatorship?
44:36 – Kosta shares examples of why/how conservatorships are difficult and can go wrong
For more information on Kosta and his firm, please visit http://demirismoore.com/blog/or contact Kosta by visiting http://demirismoore.com/contact/.