200: Why Your Health Savings Account Needs a Beneficiary
Release Date: 02/12/2026
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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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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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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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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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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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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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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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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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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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...
info_outlineWe'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, misconceptions, and commonly overlooked estate planning details. From all of us at Absolute Trust Counsel, we want to say THANK YOU! We are deeply grateful to everyone who watches, listens, comments, subscribes, and shares our slice of the airwaves.
And speaking of commonly overlooked details, in this celebratory episode, Kirsten continues her "Estate Planning Misses" series by tackling Health Savings Accounts. While HSAs offer valuable tax benefits, there's a simple estate planning step most HSA owners completely overlook—and skipping it could create unnecessary tax bills and legal headaches for the people you leave behind.
Kirsten explains why naming a beneficiary on your HSA is essential, what happens if you don't, and the critical difference between how spouses and non-spouses are treated. Unlike IRAs, non-spouse beneficiaries face an immediate tax hit that wipes out the account's value.
Time-stamped Show Notes:
0:00 Introduction
2:06 Kirsten's vision for educating listeners through expert knowledge
3:28 The pandemic pivot to video and thank you to the audience
5:27 Introduction to the Estate Planning Misses series
5:45 What Health Savings Accounts are and who qualifies for them--you need a high-deductible health insurance plan to participate
6:42 The tax advantages that make HSAs attractive: pre-tax contributions and tax-free spending on medical expenses
7:12 Why HSAs typically don't hold large amounts--the 2026 contribution limit is $4,400 for individuals, and balances roll over year to year
7:42 How HSAs are similar to IRAs: pre-tax money, annual contribution limits, and special treatment for surviving spouses
8:12 The critical difference: when non-spouse beneficiaries inherit an HSA, they immediately owe income tax on the entire balance--unlike IRAs
8:47 Why you must designate a death beneficiary on your HSA, even though it's not a large account
9:17 The spouse advantage: married HSA owners should always name their spouse as beneficiary to avoid tax consequences and legal complications
9:52 Making it easier for your executor or trustee: why proper beneficiary designation simplifies estate administration
10:17 The action step: if you have an HSA, check whether you've named a beneficiary--and if you haven't, you can do it today
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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