182: Beyond Borders: International Estate Planning Essentials for Families (Part 2)
Release Date: 05/28/2025
Absolute Trust Talk
What if staying home as you age cost a fraction of what a nursing facility does? In California, a shared room in a skilled nursing facility averages about $130,000 a year. Choice in Aging's Medi-Cal waiver program works with about $6,000 per person per year to help people remain in their own homes, with the care, connection, and dignity they want. This week, Kirsten Howe sits down with Debbie Toth, President and CEO of Choice in Aging, a 77-year-old Bay Area nonprofit that helps older adults and people with disabilities live and age in community. Debbie explains how the Multipurpose Senior...
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Most estate planning conversations start with who gets what. For childfree adults, a harder question comes first: who makes decisions for you when you can't make them yourself? In Part 2 of her conversation with Scott Barnes, CFP®, CLTC, Director of Financial Planning at Childfree Wealth, host Kirsten Howe moves from financial planning to the documents themselves — and to the people named inside them. Scott and Kirsten dive in where many childfree clients start: pets, and why a line in a will leaving an animal and $10,000 to a friend doesn't do what people assume it does. From there, they...
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Most people already have a long-term care plan. Yet they have never written it down, never funded it, and in many cases never said it out loud — it is simply the assumption that a son or daughter will step in when the time comes. Roughly 25% of U.S. adults do not have that assumption available to them. In Part 1 of her conversation with Scott Barnes, CFP®, CLTC, Director of Financial Planning at Childfree Wealth, host Kirsten Howe looks at what financial planning has to account for when there is no built-in safety net. Scott explains why disability and long-term care coverage move to the...
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Once a student is living in your spare room and working for your household, the questions get practical fast. Can they have a friend over? What did the screening actually check? And if it stops working, how does it end? In Part 2 of her conversation with JoeyCo founder Alison Donnally, host Kirsten Howe asks all of them — and gets straight answers, including who tends to apply for these arrangements and, just as usefully, who doesn't. Every JoeyCo match rests on two agreements that reference each other — a lodging agreement and a household employment agreement — and Alison explains why,...
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What if the answer to aging well at home isn't an expensive caregiver --- but a college student in the spare bedroom? In this episode, host Kirsten Howe sits down with Alison Donnally, founder of JoeyCo and a healthcare innovation veteran of Amazon Care and Kaiser Permanente. After three of her own family members experienced major health events while aging alone, Alison asked a question that wouldn't let go: if the au pair system gives American families relatively affordable live-in childcare, why isn't there an equivalent for older adults? Her answer is JoeyCo, which matches older adult...
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In Part 1, host Kirsten Howe and real estate agent Nathan Jines of Jines Real Estate Group talked about why more people 55 and up are choosing to relocate --- and how to make that choice on your own terms. Now, in Part 2, they get into the how. Nathan's first piece of advice flips conventional wisdom on its head: if you're financially able, buy your next home first, start living your new life, and let a full-service team handle the sale behind you --- decluttering, staging, repairs, negotiations, all of it, even from across the country. He shares how bridge lenders make buying first possible,...
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When most of us picture an older adult moving out of a long-time home, we imagine a crisis — declining health, a loss of independence, a move someone else decided was necessary. This episode is about the opposite. Host Kirsten Howe welcomes back real estate agent Nathan Jines of Jines Real Estate Group to talk about homeowners 55 and up who are choosing to relocate — not because they have to, but because they want to. Nathan explains why this is his favorite group to work with, and why the most important question isn’t “where should I go?” but “what do I want this next phase of my...
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In this episode of Absolute Trust Talk, managing attorney Kirsten Howe shares an estate planning miss that has nothing to do with your documents — the literal, physical mess we tend to leave behind. Drawing on years of trust administration experience, Kirsten explains what really happens when one child is named trustee and inherits the job of emptying a home filled with decades of belongings: stalled home sales, frustrated siblings, and inheritances delayed by months. She also shares the story of a daughter trustee who nearly hauled a box of "trash" to the dumpster, only to find $2,500 in...
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In this episode of Absolute Trust Talk, managing attorney Kirsten Howe tackles a quietly common source of family conflict: parents giving money to their adult children without documenting whether it's a gift or a loan. Drawing on years of trust administration experience, Kirsten shares a real family story where canceled checks sparked a bitter dispute among siblings after their parents passed, and she walks through the simple documentation steps that could have prevented it. She also addresses a second pitfall most families overlook: when a loan is properly documented up front but the...
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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...
info_outlineIn 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, which could result in savings of hundreds of thousands of dollars in estate taxes. The conversation reveals why appointing trustees who live abroad can trigger costly "foreign trust rules" and explores practical obstacles, such as banking restrictions, that complicate international wealth transfers. Janet and Kirsten also discuss the unexpected documentation requirements that can delay inheritance distributions to beneficiaries across borders, including the little-known "transfer tax certificate" that can hold up distributions for 6-9 months even when no tax is owed. Whether you're working in the US on a visa, have family members overseas, or are a US citizen living abroad, these expert insights could protect your hard-earned wealth from unnecessary complications and taxation.
Time-stamped Show Notes:
0:00 Introduction
1:22 Janet introduces a common scenario: Visa holders with stock options and RSUs who need specialized planning.
2:54 Did you know? US citizens enjoy a nearly $14 million exemption, while non-US domiciliaries face estate tax after just $60,000.
4:56 Discover the key "planning opportunity" for visa holders: Gifts of US stock aren't subject to gift tax, but the same stock in their estate would face up to 40% tax at death.
8:53 Janet explains the critical distinction between "residence" and "domicile" for tax purposes, and how visa holders can legally leverage this difference.
11:31 Find out why appointing a foreign trustee can trigger costly "foreign trust rules" that reduce funds available for beneficiaries.
13:42 Learn about the growing practical challenge of US banks refusing accounts for trustees who don't have US addresses.
16:17 Next, Kirsten and Janet discuss why hiring a US-based professional fiduciary might be the most cost-effective solution despite the emotional preference for family trustees.
18:49 Obtaining an ITIN (International Taxpayer ID Number) can delay distributions by months, another documentation hurdle that foreign beneficiaries face.
22:09 Janet shares a recent discovery about US citizens living abroad: their US assets require a "transfer tax certificate" that can take 6-9 months from the IRS, even when no tax is owed.
25:44 Here’s a workaround for the transfer tax certificate delay: Opening a probate proceeding can allow distributions to proceed more quickly.
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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