199: Your Power of Attorney Is Valid—So Why Won't Anyone Accept It?
Release Date: 01/14/2026
207: Downsizing on Your Terms: Moving After 55
Absolute Trust Talk
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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206: Estate Planning Misses: The Mess You Leave Behind
Absolute Trust Talk
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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205: Estate Planning Misses: How to Document a Loan or Gift to Your Child
Absolute Trust Talk
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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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
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
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
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
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?
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?
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...
info_outlineA 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 legitimate. She walks through the bank's perspective on why they hesitate, and shares practical strategies to make sure your documents actually work when you need them most, including re-signing your POA periodically, keeping assets in your trust, and filling out your bank's own power of attorney form.
Time-stamped Show Notes:
0:00 Introduction
1:24 The client question that inspired this episode: "What can we do to avoid the hassle I had with my mom's power of attorney?"
1:52 To get things started, Kirsten talks about what a power of attorney is and how it should work.
2:28 Next, let’s discuss why powers of attorney are the most problematic estate planning document
3:18 The bank's perspective: Why financial institutions push back even on legally valid documents
4:09 Kirsten's own experience challenging powers of attorney—why healthy skepticism is prudent
6:15 Re-sign your power of attorney every year or two to keep it fresh and current
6:45 Keep assets in your trust—banks respond more favorably to successor trustees than POA agents
7:45 For accounts outside your trust, consider adding your child as a signer
8:00 Fill out your bank's own power of attorney form—they can't question their own paperwork
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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