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120: Solutions to Common Real Estate Issues

Absolute Trust Talk

Release Date: 12/21/2023

185: Are You Risking Everything? The Insurance Your Business Can't Operate Without show art 185: Are You Risking Everything? The Insurance Your Business Can't Operate Without

Absolute Trust Talk

Many business owners purchase insurance without truly understanding what they're buying or what critical coverage they might be missing. Host Kirsten Howe addresses this knowledge gap by welcoming Dean Myers, owner of Core Insurance Agency, to reveal the fundamental insurance coverage every business owner needs before opening their doors. Dean, who specializes in errors and omissions insurance for lawyers, accountants, doctors, and professional trustees, breaks down the three critical pillars of business insurance: workers' compensation, general liability, and property insurance.   ...

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184: From One Direction to No Direction: What Liam Payne's Estate Teaches Us About Planning show art 184: From One Direction to No Direction: What Liam Payne's Estate Teaches Us About Planning

Absolute Trust Talk

In this episode of Absolute Trust Talk, host Kirsten Howe examines the estate complications following One Direction member Liam Payne's tragic death in Argentina in fall 2024. At just 30 years old, Payne left behind a $32 million estate—but no will. His complex assets include performance income, solo artist earnings, brand deals, music publishing rights, and venture investments. Without estate planning, his 8-year-old son Bear becomes the sole intestate heir, inheriting the full amount at age 18. Kirsten analyzes the cascading problems: massive probate fees (at least $376,000 in...

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183: Beyond Borders: International Estate Planning Essentials for Families (Part 3) show art 183: Beyond Borders: International Estate Planning Essentials for Families (Part 3)

Absolute Trust Talk

In this final installment of Absolute Trust Talk's international estate planning series, host Kirsten Howe concludes her conversation with estate planning specialist Janet Brewer, addressing one of the most common cross-border scenarios: U.S. citizens who own property abroad. Janet, with over 30 years of experience serving Silicon Valley's international clientele, explains why simply leaving foreign property to your US trust won't work, since most countries don't recognize trusts at all.   This episode highlights the crucial distinction between countries that recognize trusts...

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182: Beyond Borders: International Estate Planning Essentials for Families (Part 2) show art 182: Beyond Borders: International Estate Planning Essentials for Families (Part 2)

Absolute Trust Talk

In this second installment of Absolute Trust Talk's international estate planning series, host Kirsten Howe welcomes back estate planning specialist Janet Brewer to explore advanced strategies for families with cross-border connections. Building on their previous discussion of guardianship challenges, this episode focuses on critical tax considerations and financial hurdles faced by international families. Janet, a certified specialist with over 30 years of experience serving Silicon Valley clients, explains the unique tax opportunities available to visa holders with stock options and RSUs,...

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181: Beyond Borders: International Estate Planning Essentials for Families show art 181: Beyond Borders: International Estate Planning Essentials for Families

Absolute Trust Talk

In this episode of Absolute Trust Talk, host Kirsten Howe welcomes estate planning specialist Janet Brewer to explore the unique challenges faced by immigrants and international families when planning for their future. Janet, with over 30 years of experience serving clients throughout Silicon Valley, brings her vast knowledge to address the specific concerns of non-resident aliens, visa holders, green card holders, and other international families with U.S.-based assets. As a member of the invitation-only Society of Trust and Estate Practitioners (STEP), Janet regularly prepares estate plans...

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180: Divorce in Progress: Safeguarding Your Estate Plan Before It's Final (Part 2) show art 180: Divorce in Progress: Safeguarding Your Estate Plan Before It's Final (Part 2)

Absolute Trust Talk

In this episode of Absolute Trust Talk, host Kirsten Howe and associate attorney Jessica Colbert continue their discussion on estate planning during divorce proceedings with practical solutions. Following their previous episode on the potential problems that can arise if someone becomes incapacitated or dies during divorce, they now focus on preventative measures. The attorneys explain how to ensure your soon-to-be ex-spouse doesn't maintain control over your healthcare decisions or inherit your assets contrary to your wishes. They discuss the creation of new healthcare directives, powers of...

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179: Divorce in Progress: Safeguarding Your Estate Plan Before It's Final show art 179: Divorce in Progress: Safeguarding Your Estate Plan Before It's Final

Absolute Trust Talk

In this episode of Absolute Trust Talk, host Kirsten Howe and associate attorney Jessica Colbert discuss critical estate planning considerations during divorce proceedings. They explore what happens if someone becomes incapacitated or dies while their divorce is still pending, revealing potentially unwelcome consequences if proper planning isn't in place. The discussion highlights how existing estate plans typically name a spouse as the primary decision-maker and beneficiary—a designation most divorcing individuals would want to change immediately. Without written estate plans, the...

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178: 3 Critical Estate Planning Lessons from Richard Simmons' Legacy Battles show art 178: 3 Critical Estate Planning Lessons from Richard Simmons' Legacy Battles

Absolute Trust Talk

In this episode of Absolute Trust Talk, host Kirsten Howe examines the estate complications following Richard Simmons' death in July 2023. She details the ongoing legal dispute between Simmons' brother Leonard (named trustee) and Teresa, his housekeeper of 30 years who briefly served as co-trustee before a contested resignation. The conflict centers around approximately $1 million in personal property—primarily jewelry—that Teresa allegedly took when evicted from Simmons' home. While Teresa claims Simmons gifted her the jewelry in 2014, Leonard argues documentation proves otherwise....

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177: Inside the Heated Padres Inheritance Feud: What It Teaches Us About Sound Estate Planning show art 177: Inside the Heated Padres Inheritance Feud: What It Teaches Us About Sound Estate Planning

Absolute Trust Talk

In this all-new episode of Absolute Trust Talk, Kirsten Howe and her associates, Jessica Colbert and Ariana Flynn, delve into the complex estate battle surrounding the late San Diego Padres owner, Peter Seidler. The MLB team finds itself at the center of a legal dispute as Seidler's wife, Sheel, contends with his brothers over control of the franchise. With allegations of breached trust, fraud, and self-dealing, the case highlights the intricacies of estate planning for high-net-worth individuals and the potential pitfalls of ambiguous or informal documentation. While largely speculation,...

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176: Behind the Headlines: Gene Hackman's Estate Plan and What We Can Learn show art 176: Behind the Headlines: Gene Hackman's Estate Plan and What We Can Learn

Absolute Trust Talk

In this episode of Absolute Trust Talk, Kirsten Howe, managing attorney at Absolute Trust Counsel, and associate attorney Jessica Colbert examine the estate of beloved actor Gene Hackman. They meticulously analyze the available court records from Santa Fe County, New Mexico, and contrast them with California's probate procedures. The attorneys skillfully debunk sensationalized headlines about Hackman's will, explaining the mechanics of pour-over wills and why media claims about his children being "cut out" are potentially misleading. While much of the discussion is speculation, they provide...

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More Episodes

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 real estate. He is a partner at Hoge Fenton, has been a Northern California Super Lawyer four years in a row, and has been a Northern California Super Lawyer Rising Star for five years. With his accolades and over nineteen years of experience in trials, arbitrations, and problem-solving, Steven is the perfect candidate to share his insights on various real estate issues. 

“When you bought your house, you probably got a title insurance policy, and it probably has something attached to it called an assessor’s parcel map that looks like a map of your neighborhood, but it doesn’t actually show where your boundaries are. It was created by the taxing authority to have a general idea of how big the land is.”

So, join us in our 120th episode of Absolute Trust Talk as we discuss:

  • How to divide up real estate that has been inherited by more than one beneficiary
  • The ins and outs regarding boundary disputes
  • What court proceedings for real estate issues may look like – depending on the case
  • Discussions on the recent Mount Diablo dispute
  • What you can do if a neighbor blocks your view from your property
  • The difference between adverse possession and prescriptive easements 

And much more! 

There’s nothing quite like a real estate or land dispute to ruin neighbor or familial relationships. A little effort and communication can go a long way to finding the right solution, but we know some situations can escalate quickly, and a lawyer like Steven is needed to help keep the peace and navigate the law. If you or someone you know is facing a real estate or property legal challenge, we hope this episode will help you take the necessary next steps to resolve your issue correctly.