041: Special Needs Trusts: Don’t Let an Inheritance Blow Up Your Government Benefits
Release Date: 06/17/2020
204: Estate Planning Misses: Addressing Separate Property in a Joint Trust
Absolute Trust Talk
In this episode of Absolute Trust Talk, managing attorney Kirsten Howe tackles one of the most common — and commonly overlooked — estate planning scenarios: what happens when one spouse inherits money, assets, or real estate after a joint trust is already in place. Kirsten breaks down the difference between separate and community property in California, explains why adding inherited assets to a joint trust doesn’t change their character but does affect who controls them, and walks through the two practical solutions her firm recommends. She also reveals a lesser-known complication: that...
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203: Estate Planning Misses: How to Make Cash Available Immediately After Death
Absolute Trust Talk
In this episode of Absolute Trust Talk, managing attorney Kirsten Howe tackles one of the most overlooked practical challenges in estate planning: making sure your loved ones have access to cash immediately after you die. Kirsten walks through why the most common account structures — trust-held accounts, individually owned accounts, and pay-on-death designations — all come with delays that can leave families unable to cover urgent expenses, such as funeral and burial costs. She then breaks down the one strategy that actually works, adding a trusted co-owner to a small joint checking...
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202: Estate Planning Misses: The Timeshare Problem No One Talks About
Absolute Trust Talk
That timeshare you've been putting off dealing with? It could become a probate headache for your family. In this episode of Absolute Trust Talk, managing attorney Kirsten Howe breaks down the two types of timeshares — traditional deeded ownership and modern points-based systems — and explains why both need to be addressed in your estate plan. She walks through what's involved in transferring a timeshare to your revocable living trust, why it matters to act while you're alive, and what really happens when a timeshare is left unaddressed after someone dies — including the possibility...
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201: Estate Planning Misses: What Happens When Your Custodial or 529 Account Has No Successor
Absolute Trust Talk
In this episode of Absolute Trust Talk, managing attorney Kirsten Howe continues her estate planning misses mini-series by tackling custodial accounts and 529 education plans. While these accounts are incredibly popular for saving for children, most people don't realize a critical legal distinction: you don't actually own them. This misconception leads to a costly problem when account owners die without proper succession planning. Kirsten shares real cases from her practice where families ended up in probate court—spending thousands of dollars in legal fees just to access money intended for...
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200: Why Your Health Savings Account Needs a Beneficiary
Absolute Trust Talk
We've reached a huge milestone here at Absolute Trust Counsel—drum roll, please—the launch of our 200th Absolute Trust Talk episode! What started as an idea while driving down the road after a guest appearance on a financial advisor's radio show has become a trusted resource for thousands of listeners over the years. Kirsten's dream was always to have a platform where she could share the expertise of smart professionals she knows—financial planners, accountants, insurance experts, and fellow attorneys—with anyone who could benefit from their knowledge, and to explore the myths,...
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199: Your Power of Attorney Is Valid—So Why Won't Anyone Accept It?
Absolute Trust Talk
A new client recently asked Kirsten a question that resonated: "What can we do so we don't face the same pushback I did when my mom's bank wouldn't accept her power of attorney?" It's a frustration many families face—you have all the right documents, but when it's time to use them, banks and institutions push back. In this quick-tips episode, Kirsten Howe explains why powers of attorney are the most problematic basic estate planning document—not because they're poorly drafted, but because they require acceptance from a third party who doesn't know you to trust that your agent is...
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198: California's Medi-Cal Asset Limit Returns in 2026—Are You Prepared?
Absolute Trust Talk
Federal Medicaid cuts have dominated the news cycle, but there's a California-specific change that's barely getting attention—and it could blindside thousands of current Medi-Cal recipients. Starting again in 2026, the state is reinstating asset limits for Medi-Cal long-term care coverage, a requirement that was eliminated just two years ago. In this episode, estate planning attorney Kirsten Howe unpacks what this means if you or someone you love relies on elderly or disabled Medi-Cal benefits. She explains the $130,000 asset threshold, which assets remain exempt, and why your 2026 annual...
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197: O.J. Simpson's $58 Million Problem: What His Probate Teaches Us
Absolute Trust Talk
In this episode of Absolute Trust Talk, Kirsten Howe returns with the latest development in the ongoing O.J. Simpson probate saga. Over 18 months after his April 2024 death, headlines announced that the executor of O.J.'s estate had "agreed to pay" the Goldman family close to $58 million—but what does that actually mean? Kirsten breaks down the reality behind the sensational headlines, explaining what happens when an executor accepts a creditor's claim versus actually paying it. With O.J.'s estate valued at just $1-2 million against a $58 million accepted claim, she reveals who really gets...
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196: Bitcoin Demystified (Part 3): Currency, Sustainability, and Social Impact
Absolute Trust Talk
Can Bitcoin actually function as real money—and is it destroying the planet? In Part 3 of our cryptocurrency series, host Kirsten Howe continues her conversation with Jirayr Kembikian, CFP® and Managing Director of Citrine Capital, to answer these critical questions. Jirayr systematically breaks down the seven properties that define ideal currency—durability, divisibility, portability, verifiability, scarcity, established history, and ease of use—then compares Bitcoin against both the U.S. dollar and gold. Bitcoin outperforms the dollar on almost every measure and beats gold in critical...
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195: Bitcoin Demystified (Part 2): The 3 Ways to Own Bitcoin
Absolute Trust Talk
Ready to own Bitcoin but not sure where to start? In Part 2 of our cryptocurrency series, host Kirsten Howe continues her conversation with Jirayr Kembikian, CFP® and Managing Director of Citrine Capital, to break down the three distinct ways to acquire and hold Bitcoin—each with its own unique trade-offs. Jirayr walks through everything from Bitcoin ETFs (the easiest and most familiar option) to exchange custody and self-custody, explaining why he believes "the only wrong answer for Bitcoin allocation is zero." He reveals the critical phrase Bitcoin purists use—"not your keys, not...
info_outlineMost parents of children with special needs understand how important it is to plan ahead. While there are many vital parts to this planning, a special needs trust should be at the top of the list.
Utilizing a special needs trust will ensure that after the parents pass away, the child will not lose any government benefits due to inheritance. But what happens if a special needs person gets an inheritance from someone other than a parent who did not set up a special needs trust? Could that impact their government benefits too? What many people don’t realize is that there are two different kinds of special needs trust available and how they are set up mainly depends on one, who is setting them up, and two where the money is coming from.
Tune in to a new episode of Absolute Trust Talk to take a closer look at special needs trusts and how to ensure that inheritance doesn’t impact government benefits for the special needs person in your life. With the right guidance and planning in place, you can rest assured your loved one will be protected.
Big Three from Episode #040:
- If you have a special needs family member, get in touch with your attorney, and get a plan in place.
- Placing money and inheritance in a special needs trust will ensure that the special needs person will not lose necessary government benefits.
- Even if you don’t have a special needs family member, consider having a special needs provision added just in case.
Time-stamped Show Notes:
1:20 – What kind of government benefits are critical to a special needs person?
2:27 – What is the difference between the two types of special needs trusts?
3:34 – This is a common scenario for special needs planning and setting up a special needs trust.
4:44 – Why would a special needs person set up a first-party trust?
6:54 – This is the most important regulation to follow when setting up a first-party special needs trust.
8:26 – Where do you get started with special needs planning? Start here.
8:56 - Kirsten shares her top tip that everyone should do with their trusts, whether they have a special needs family member or not.
[Ad] If you need help planning for the future of a special needs family member, we’ve got you covered. We can help put the right protections in place to ensure your loved one is cared for properly. Schedule your free discovery call today, and let’s get started.
Take the Next Step in Your Estate Planning Journey
If this episode resonated with you, we'd love to help you with your own estate planning needs in California. Schedule a complimentary discovery call with our team at Absolute Trust Counsel. During this no-obligation conversation, we'll:
- Learn about your unique situation and goals
- Answer questions about our services
- Determine if we're the right fit to work together
Visit https://absolutetrustcounsel.com/scheduling/ or call 925-943-2740 to schedule your free discovery call today.
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