163: Courthouse Confessions: Inside Trust and Estate Litigation
Release Date: 12/30/2024
188: Are You Risking Everything? The Insurance Your Business Can't Operate Without (Part 3)
Absolute Trust Talk
In the compelling finale of this three-part insurance series, host Kirsten Howe and insurance expert Dean Myers tackle the coverage that keeps business owners up at night—cyber insurance. Dean shares fascinating real-world stories, from ransomware attackers offering customer service hotlines to disgruntled employees planting digital "time bombs" in company systems. You'll discover why this isn't just another insurance policy but essential business survival protection that covers everything from system failures to deepfake fraud. Dean reveals the surprising realities about whether companies...
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187: Are You Risking Everything? The Insurance Your Business Can't Operate Without (Part 2)
Absolute Trust Talk
Most professionals know they need insurance, but many don't realize their general liability coverage has significant gaps when it comes to professional services. In this episode of Absolute Trust Talk, host Kirsten Howe continues her conversation with Dean Myers, owner of Core Insurance Agency, to explore errors and omissions insurance—specialized coverage designed specifically for professional liability risks. Discover which professions beyond doctors and lawyers should consider E&O coverage, including architects, engineers, accountants, and contractors who incorporate design elements...
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186: Jimmy Buffett's $275M Trust Battle: Why Co-Trustees Can Destroy Your Estate Plan
Absolute Trust Talk
In this episode of Absolute Trust Talk, California estate planning attorney Kirsten Howe examines the explosive trust dispute erupting over Jimmy Buffett's $275 million estate. When the legendary Margaritaville songwriter passed away, he left his fortune in an irrevocable trust with his widow Jane Buffett and co-trustee Richard Mozenter managing the assets together. Now they're locked in competing estate litigation across Florida and California, each seeking to remove the other as trustee through costly court battles. This high-profile celebrity estate case illustrates why...
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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
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)
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)
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
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)
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
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...
info_outlineIn 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 these difficult topics and prepare for the future. Plus, stay tuned for our next episode, where we’ll continue this crucial conversation!
Time-stamped Show Notes:
0:00 Introduction
1:30 Ariana starts us off by sharing the most common family litigation issues.
2:45 In this segment, we discuss the most common issue: Undue Influence—what is it and how does it happen?
5:58 Not all influence is considered undue influence. If you’re as curious as we were to discover where that line is, tune in here!
6:35 Another common issue we see is a lack of capacity. Press play here to find out how this can be a major issue in estate planning.
7:30 Anyone can file a lawsuit at any time. Keep an eye out for our next episode where we’ll explore the details of such a scenario.