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107: What Are Commonly Overlooked Money Issues When Splitting Assets in a Divorce?

Absolute Trust Talk

Release Date: 03/06/2023

204: Estate Planning Misses: Addressing Separate Property in a Joint Trust show art 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 show art 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 show art 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 show art 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 show art 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? show art 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? show art 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 show art 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 show art 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 show art 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...

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More Episodes

Whether you’ve experienced it yourself or have seen it happen to someone close to you, you’re likely to agree that there aren’t many life events that are more emotionally taxing than divorce. Two lives that have been bound together — by law and through shared experiences — are severed, and with that comes the necessities required to complete that break. The emotional component, however, often makes every step in the process as contentious as it can be, with both parties not only going to the mat to look after their own best interests but sometimes — let’s face it — also inflicting emotional and financial harm on each other.

In a “50/50” state like California, where assets are required by law to be divided equally among spouses, it would seem like a cut-and-dry job, and in some respects, it is. But not all community assets are that easy to divide. The most obvious example of this would be the family home. You’re not likely to find many divorced couples willing to live under the same roof with spatial boundaries cutting the residence in half, and, of course, literally dividing a house in half would render both halves unlivable.

In reality, arriving at an equitable division of assets after a divorce is a very complex undertaking. There are plenty of considerations to be made — many of which wouldn’t even be on the average person’s radar. But, if you’re contemplating divorce or want to provide some insight to someone close to you who is, you’ll definitely want to tune into the latest episode of Absolute Trust Talk, as Kirsten welcomes Glenn Bittner, who is not only a financial advisor with Pacific Wealth Planning but also a Certified Divorce Financial Analyst. Glenn offers a unique blend of practical knowledge and experience that allows him to view the emotionally fraught issue of divorce from the rational, financial side. In addition to his CDFA® certification, Glenn obtained his FINRA Series 6, 63, 65, and 7 licenses. As a former mathematics major, he has a penchant for calculating the present and future valuations of a wide array of financial assets. He was born for this role!

In this episode, we’re going to discuss:

  • The importance for Glenn and any CDFA® is to ask the right questions and learn essential information about both parties in a divorce proceeding.
  • What a Qualified Domestic Relations Order (QDRO) is, its role in a divorce proceeding, and why it’s sometimes best to avoid a QDRO altogether?
  • Why dividing a pension earned by one spouse between both parties can be especially challenging, if not impossible.
  • The various emotional aspects of the family home often make it a particularly contentious part of the divorce process.
  • Why allowing emotion to dominate divorce proceedings may not only lead to a less than equitable settlement but also bring about unforeseen financial consequences for one or both parties down the road.

And more!

Unfortunately, as we all know, divorce is never easy, and many moving parts require us to set aside emotion so that rational thinking can take center stage – easier said than done, right?! We aim to help you walk away from this episode with a better idea of what needs to be considered when equitably dividing financial assets.

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:

  1. Learn about your unique situation and goals
  2. Answer questions about our services
  3. 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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