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064: Trust Failures: Don’t Let This Happen to You

Absolute Trust Talk

Release Date: 05/13/2021

129: Estate Planning Strategies to Reduce Family Conflict After Death show art 129: Estate Planning Strategies to Reduce Family Conflict After Death

Absolute Trust Talk

Family conflict after a loved one has passed is very common, but that doesn’t mean it can’t be avoided. In our years of experience in estate planning, we’ve seen many different scenarios play out and have a thorough understanding of the nuances that tend to cause these conflicts. The number one reason for disputes over a trust lies in the feeling that it is not fairly divided. While Mom and Dad or Aunt Sally can set up their estate however they wish, often, a simple conversation with family can go a long way to clarify why certain decisions were made. In this episode of Absolute Trust...

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128: Revocable or Irrevocable Trust: Which is Right for Me? show art 128: Revocable or Irrevocable Trust: Which is Right for Me?

Absolute Trust Talk

When we first begin working with a client who is setting up their estate plan and, more specifically, building a trust, the number one question we always get is whether they need a revocable or an irrevocable trust. For us, this is always an interesting and fun conversation because as soon as the client hears the difference, they immediately know which tool they need.  Not to give it all away, but the standard option is the revocable trust; however, there are certain instances in which the irrevocable trust is needed—there is no one-size-fits-all approach to estate planning. So, which...

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127: Understanding Multigenerational Estate Planning Part 2 show art 127: Understanding Multigenerational Estate Planning Part 2

Absolute Trust Talk

Welcome back! In our last episode of Absolute Trust Talk, we were joined by expert psychotherapist and certified coach Tess Brigham, MFT, BCC, to discuss the differences between generations and, more specifically, examine the unique dynamics between Baby Boomer parents and Millennial children.  In this episode, we continue our conversation with Tess, focusing on the interactions between Gen X parents and Gen Z children. These two generations are very interesting as Gen Xers were heavily influenced by events like the Persian Gulf War, the women’s movement, and high divorce rates. As Tess...

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126: Understanding Multigenerational Estate Planning Part 1 show art 126: Understanding Multigenerational Estate Planning Part 1

Absolute Trust Talk

The battle between the generations is real and seems to be everywhere. Yes, generational divides even play a role in estate planning. In fact, estate plans nowadays are built around more diverse and multigenerational families than ever before. In this new episode of Absolute Trust Talk, we are joined by psychotherapist and certified coach Tess Brigham, MFT, BCC. Tess specializes in helping young adults discover their unique life path to enter the world and make an impact. Join us as we discuss how the generations are defined, what makes each one unique, and how these factors influence estate...

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125: Cher Files for Conservatorship of Son Elijah Blue Allman Over Alleged Substance Abuse show art 125: Cher Files for Conservatorship of Son Elijah Blue Allman Over Alleged Substance Abuse

Absolute Trust Talk

Recently, the entertainment world has been abuzz with numerous high-profile conservatorship battles, and the latest to emerge involves iconic singer Cher. She has initiated a conservatorship petition concerning her son, Elijah Blue Allman, aiming to oversee the financial benefits he inherits from his father, the late Greg Allman's trust. Legal filings state the urgent need for a conservator to safeguard Elijah's estate against potential damages or losses, citing his inability to manage his finances due to significant mental health and substance abuse challenges. Tune into a new episode of...

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124: Beach Boys Founder Brian Wilson Suffering from Dementia as Reps Seek Conservatorship show art 124: Beach Boys Founder Brian Wilson Suffering from Dementia as Reps Seek Conservatorship

Absolute Trust Talk

When you think of the Beach Boys, what comes to mind? We’re betting it’s not a complicated conservatorship case. Unfortunately, that’s what’s happening with the Beach Boys Founder, Brian Wilson. Mr. Wilson’s long-time wife had been his healthcare directive, but with her recent passing, it was discovered that no one was ever named as a backup. Now, the question is not only who will pick up her role as Mr. Wilson’s healthcare directive, but how. With Brian Wilson being considered unable to make these decisions for himself due to dementia, the solution is not a simple one. Tune in to...

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122: The Costly Truth of Ignoring Estate Planning Like Jay Leno show art 122: The Costly Truth of Ignoring Estate Planning Like Jay Leno

Absolute Trust Talk

You may have heard the recent news that Jay Leno filed a conservatorship over his wife, Mavis Leno’s estate. The couple does not have an estate plan, and his goal is to gain special permission from the court to set up a plan for both of them. As Kirsten and Madison point out, the main issue is not what happens if Mavis dies but instead if Jay were to die first. Given that Mavis is already incapacitated, who will manage their assets and decision-making? We hope you will join us for this discussion that underscores just how important it is to have an estate plan in place to avoid the costly...

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123: Why Can't I Change My Trust After My Spouse Passes Away? show art 123: Why Can't I Change My Trust After My Spouse Passes Away?

Absolute Trust Talk

At Absolute Trust Counsel, one of the pieces of advice we like to shout from the roof tops is that people need to keep their estate plans up to date! We constantly find people who fail to do so. In many cases, we can fix the challenges that arise, but sometimes, it may not be possible, and we must navigate a more difficult path. In this specific episode, we are going to focus on AB Trusts and the issues that typically arise. It happens more than you might think - often, when a spouse dies, the widow(er) later finds out their joint trust is set up in a way that requires them to split the trust...

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121: What Happens When a Trustee, Executor or Beneficiary Dies? show art 121: What Happens When a Trustee, Executor or Beneficiary Dies?

Absolute Trust Talk

If you’ve been following along with our show, you know that we can’t stress enough the importance of estate planning and setting up a trust to make things simple, cost-effective, and less time-consuming for your heirs. But even with the most comprehensive and well-thought-out estate plan, wrinkles can be thrown into the plan. It’s a lot of information for all parties involved to consume, and there are many moving parts. One curveball we’ve seen a few times before is a beneficiary, trustee, or executor dying before the will or trust is enacted. Everyone tuning in to this podcast has...

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120: Solutions to Common Real Estate Issues show art 120: Solutions to Common Real Estate Issues

Absolute Trust Talk

Have you ever had a pesky neighbor encroaching on your land? Or perhaps they have decided to put a cell tower in that directly blocks the beautiful view that you bought your property for in the first place? Or maybe you’ve recently inherited the family home but share it with your siblings and cannot agree on what to do with it. How do you resolve these types of challenges? Do you have a friendly conversation? Do you engage a lawyer and go to court? In this podcast episode, we sit down with Steven Kahn, a civil litigation attorney who focuses on real estate and business disputes involving...

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More Episodes

At Absolute Trust Counsel, in nearly 100% of the trust administrations, we’re hired to execute, there is a least one failure that could have been avoided. Some of these failures are small and simple to fix. Unfortunately, the majority are much more difficult to rectify. In this context, difficult also means expensive. As a trust grantor, it is vital to review your estate regularly, especially if there are significant life changes. Talk to your estate planning attorney and keep your documents up to date to ensure your wishes and promises to your beneficiaries are kept.

In a new episode of Absolute Trust Talk, Kirsten sits down with fellow Absolute Trust Counsel attorney Madison Gunn. Madison joined the firm in 2019, bringing extensive legal background and experience, starting as an intern and working her way up to attorney at law. She has a passion for helping seniors, individuals, and their families prepare and protect legacy over the last few years in all aspects of estate planning and trust administration. As a fellow expert, Madison joins Kirsten to discuss some of the most common trust administration failures and what you need to do to avoid these issues with your own estate plan. No matter what stage of the trust administration journey you’re in, you’ll want to listen to this podcast and protect the future of your legacy and your beneficiaries.

Big Three from Episode #064:

  1. When it comes to real estate and your trust, make sure you know how everything is titled.
  2. If you’re going to make promises to potential beneficiaries and inheritance, be sure to talk to your estate planning attorney and get things in writing.
  3. Keep all your documents up to date, and be sure to dot all your I’s and cross all your T’s to make sure your estate plan truly follows your wishes.

Time-stamped Show Notes:

4:09 – Madison and Kirsten jump right into discussing the most common failure they see, which has to do with funding a trust.

4:56 – Madison shares a couple of things that can cause real estate to fall out of a trust. 

10:04 – This is what happens to the trust when real estate falls out – hint, it can be frustrating and expensive!

11:57 – Like the failure of funding, Kirsten and Madison discuss another common failure – a lack of beneficiary designations.

16:26 – Another common failure has to do with your current living arrangements.

18:21 – Kirsten shares a scenario where this failure comes into play.

23:52 – Should you put real estate that’s located out of state in your trust?

25:10 – Can you name your trust as the beneficiary of your IRA?

26:24 – Should your trust own safety deposit boxes?

[Ad] Planning for the future is vital to ensure that you and your family are protected and prepared throughout your later years of life and beyond. Please don’t wait until it’s too late. Schedule a free discovery call today, and we’ll review your case to make sure all your needs are met.