Absolute Trust Talk

Planning for the time when you’ll no longer be around is a difficult topic for many of us to discuss. After all, who wants to be reminded of their own mortality? But, regardless of the discomfort, it’s a topic that needs to be addressed. Avoiding it can only bring confusion and hostility among your heirs, and the possibility that your hard-earned assets won’t be passed on as you would have intended. When the administration of an estate plan involves the inheritance of a house, as many do, the potential for problems grows even greater. While most situations go smoothly, just as many don’t, and the decisive factor between the two outcomes almost always boils down to how much forethought goes into the succession plan — who gets what when you’re no longer here? Because of the emotions almost always attached to a home, whether it’s a primary residence or a vacation cabin — as well as the potential financial implications — deciding who will inherit your home and how it will be inherited is tricky territory to navig

When planning for the ongoing needs of a special needs child or relative, there’s quite an array of considerations that have to be made — some foreseen, some not. It’s about far more than just paperwork — no two families are alike regarding their financial situation, the vision they hold for the future of their special needs child, or even the unique care requirements of that child.  These families do, however, tend to share one common purpose: that the parents are doing their best to replace themselves in the future when they’re no longer around. After all, despite our best efforts, none of us live forever. If this is a scenario that’s in your future — or perhaps the future of someone you know — you probably already appreciate how easy it is to be overwhelmed by the process. And if there wasn’t already enough complexity to deal with in terms of insurance, benefits, caregiving, education, etc., special needs care planning also carries an additional challenge you won’t find when planning for the care of an eld

At Absolute Trust Counsel, we used to create this podcast just as a podcast. We would sit in a room with our headsets, microphones, and just record. Then when the pandemic hit, things changed, and we started live streaming so we could interact with our clients and audiences in a new and impactful way. As we think about how the pandemic changed our way of life, it's easy to relate to downloading and learning new apps and buying new devices just so we could carry on and do the "normal" things that we always used to, right? It wasn't long ago that many of us saw Zoom and other communication platforms as novelties that weren't likely to assume an important position in our lives. Similarly, while many of us are familiar with things like Google Maps, far fewer have ever had to explore all that it has to offer fully. And despite its tangible, everyday benefits, technology isn't that intuitive, so there can be a learning curve that may seem downright daunting. We need help, and we need instruction, especially for old

Estate planning can be difficult for people to face, and unfortunately, it doesn’t get any easier when guardianship comes up. Many young families struggle with the decision-making around this – no one wants to think about what will happen to their children if they are no longer around. But as much as parents try to avoid it, it is one of the most critical decisions parents can make. We often find that clients are surprised by how complex guardianship can be. It is not quite as simple as jotting down Aunt Jane’s name and moving on with your day. There are many things to consider, and you want to get it right so everyone involved can transition and maintain their lifestyle as comfortably as possible.  In this episode of Absolute Trust Talk, Kirsten and Madison team up to discuss:  What guardianship is The guardianship processes The different situations when guardianship is necessary  The different types of guardianship How to select the right guardian And more! There are many reasons to put off selecting a gu

Do you own an investment property? Are you thinking about selling it but are overwhelmed by the tax implications? Well, then, we’ve got good news and a great podcast episode for you that might just provide a solution that you may not have known was possible. Ever heard of a 1031 Exchange? (Okay, we’ll end the questions and just get to the good stuff!) In short, a 1031 Exchange allows you to swap one real estate investment property for another while deferring capital gains taxes. It sounds great, but 1031 has A LOT of moving parts you need to understand before attempting to use one. For example, an exchange can only be done with “like-kind properties,” the IRS has a lot of rules and limits when it comes to vacation properties, and there are specific time frames that can be challenging. However, we don’t want to scare you because this can be a very valuable tool if used correctly. So, to help get things straight, we’re bringing in an expert. In this episode of Absolute Trust Talk, we’re thrilled to welcome Cert

Imagine leaving the home you've lived in for 30, 40, or even 50 years and downsizing all of your belongings so you can move to a smaller space or assisted living. This can be a very sad and sentimental experience for many people. How do you sort through all of your belongings that you've collected over the years, picking and choosing what stays and what goes? If your parents or other older loved ones are facing this transition, it's important to support them in every way possible. In this episode of Absolute Trust Talk, Madison Gunn welcomes husband and wife team Art Lotti and Andriana Mendez, owners of Custom Moving and Hauling. Their passion is to consistently provide a custom personalized experience for seniors who are moving, decluttering, and cleaning out as they prepare for a new chapter in their lives. Their process includes talking through client goals, uncovering the challenges, and then working to provide a creative, efficient, and understanding solution through this deeply personal event in life. H

It goes without saying that trustworthiness is the number one trait you should think about when you choose a trustee for your estate plan.  Is the person going to do the job? Are they going to do the job right? Are they going to put the needs of the trust, estate, and other beneficiaries first? We know it’s a lot to think about, and honestly, there is no correct answer when it comes to choosing your trustee or trustees because every family is different. While it may also seem logical to name your child or children as trustees, this route can also come with its own complexities and concerns. As parents, the last thing you want to do is cause your family stress or unhappiness should you become incapacitated or pass away. In this episode, Kirsten Howe and Madison Gunn talk about the factors to consider when naming your children as trustees, and some of the other more neutral options to think about, depending on your estate. Some of the points they cover include: Why you might want to choose two separate trustee

What would happen to your family if you or another primary income earner suddenly became disabled and couldn’t work for an extended period of time? What if they died and their income disappeared forever? Many families would have a hard time paying the mortgage, the property taxes, tuition, and many other expenses involved in a family’s daily life. And believe it or not, the majority of families don’t have an adequate plan to cover all those expenses. In this episode, Kirsten Howe speaks with independent insurance specialist Todd Wellnitz about different types of insurance that he refers to as “lifestyle insurance.” He’ll share some general rules and stories to educate us about this critical aspect of financial and estate planning. Don’t be caught off guard in the case of disability. This podcast will ensure you’re prepared for a loss of income in an unexpected situation. Todd believes people's lifestyles are very personal to them and he wants to make sure that his clients keep that lifestyle protected, in cas

Though it might seem like you’ve got everything covered within your trust document, estate planning is not just about what happens after you die. Issues can also arise in the event that you become incapacitated. Over the years we have seen all sorts of problems because not enough attention was paid to incapacity planning. If the current plan you have in place doesn’t make it quick and easy for others to step in and take over on your behalf, delays can cause your own health and well-being to suffer. It can also cause confusion and disagreement among family members leading to more time and money in court. In this episode of Absolute Trust Talk Live, attorneys Kirsten Howe and Madison Gunn sit down to discuss the types of trust failures and challenges that may be experienced from a lack of planning for incapacitation. They will share some important documents and items that you need to include in your estate plan, as well as tips and strategies to make that plan work seamlessly for you and your family if someone

Approaching the topic of driving with seniors can be one of the most challenging conversations that families face. If a senior has a medical condition, must take medications, or hasn’t driven much in the last few years, it can affect their ability to drive safely. And unfortunately, it’s often up to the family to address these concerns, but it can be difficult to know where to start or what the impairment is. In this episode of Absolute Trust Talk Live, attorney Madison Gunn talks with Melanie Henry of Driver Cognitive Assessment Center (DCAC) about the services and assessments available to help families make decisions regarding their loved one’s driving skills. The goal of DCAC is to offer seniors fair and accurate evaluations positively and compassionately while working to keep communities safe. They also provide support to families and physicians to help them address driving concerns with their loved ones. Some of the topics covered in this podcast include: How to handle your concerns if you fear your sen

Over the past few years, we’ve seen an influx of trust administration cases. And with nearly every trust and every client, there has unfortunately been some sort of planning failure. Some of them are small, easy fixes, while others are bigger challenges that cost more time and money. The worst part is that they could have been avoided if the right thought process and planning were in place from the start. It’s true there is a lot to think about when it comes to setting up your trust and estate plan, but to truly protect your legacy and beneficiaries, you must think through a variety of scenarios you may not have considered. In this episode of Absolute Trust Talk, Kirsten is joined by fellow Absolute Trust Counsel attorney Madison Gunn for another installment of Trustee Do’s and Don’ts. Kirsten and Madison will be walking through a handful of common mistakes that trustees and executors typically run into. These items include: How to avoid probate even if you have a trust Why it’s important to title your asset

Often, when an older adult modifies their estate plan, they are doing it of sound mind because of a change in their wishes. However, there are instances when an older adult makes the change because they are being pressured by someone who is taking advantage of their vulnerability and trust. Unfortunately, this happens more often than not. In the legal world, this is referred to as “undue influence,” which is considered a form of elder abuse. In a new episode of Absolute Trust Talk, host Kirsten Howe is joined by RMO LLP’s founding partner, Scott Rahn. Scott’s firm is a national probate litigation firm focused on representing beneficiaries, heirs, executors, and trustees in estate and probate litigation matters, and families and fiduciaries in contested conservatorships and guardianships. Scott is a frequent contributor to news media such as the BBC and has been named to the Chambers and Partners “2021 High Net Worth Guide” and the “Best Lawyers in America” list by Best Lawyers. He has also been recognized as

Did you know that as of July 1, 2022, there will be some significant changes in the eligibility rules for Medi-Cal? Medi-Cal is the California implementation of Medicare and something that many people depend on. Unfortunately, if you need Medi-Cal help now, these changes won’t be rolled out in time. But if Medi-Cal is something you’re planning on down the road, then these new law changes may help. Many more Californians will qualify for this support to help pay for nursing home care without spending down their assets or doing complicated asset transfer planning. In a new episode of Absolute Trust Talk, host Kirsten is joined by Absolute Trust Counsel’s associate attorney, Madison Gunn. Together, they discuss the changing laws and what California residents can expect once enacted. Some questions they will answer include, What the new rules and requirements will be If these changes will impact Medicare and what the difference between Medicare and Medi-Cal is Who the law changes will not impact And more! So, w

Picture NBA player Brian Grant, known for his tenacity and fearlessness on the court. After pushing his body through conditioning, training, and contentious games, he learns he has Parkinson’s disease two years into retirement. Naturally, this came as an enormous shock. However, Parkinson’s is the fastest-growing neurological condition in the world. In fact, by 2040, the number of people living with Parkinson’s is set to double. Once Brian learned how to navigate living with this disease, he launched The Brian Grant Foundation (BGF) to “help people become their best, even when it seems impossible.” The disease affects your movements, your mental health and non-motor skills, among other functions, completely altering your way of life. And often, people experience symptoms years prior to the onset of other more prominent ailments. In this new episode of Absolute Trust Talk, Kirsten sits down with Katrina Kahl, Executive Director of The Brian Grant Foundation. Katrina has over 20 years of experience in public he

As we age, the goal for many of us is to stay in our homes for as long as possible. Sure, we might need some help down the road, but we’ll cross that bridge when we get to it, right? That sounds great in theory, but we don’t think about all the extra costs and the challenges we may face in obtaining home care. Often, calls are made to home care services with urgent requests for help, but knowing what benefits and aid might be available in advance can help you plan and even improve quality of life by avoiding urgent health care situations – this includes veterans and their families. In addition, our wartime heroes face a variety of even more unique health care needs as they age due to training and experiences on the battlefield. In a new episode of Absolute Trust Talk, Absolute Trust Counsel attorney Madison Gunn guest hosts a conversation on benefits for vets and their unique aging journey with Carmen Perry. Carmen has more than 20 years of hands-on experience in the senior care industry. As the Vice Presiden

Life is full of changes, and we all experience transitions that can impact our lives in significant ways, whether they are big, small, planned, or unplanned. As an older adult navigating a journey in aging, adjustments often bring on feelings of anxiety and stress, even if they are positive. Whether you’re retiring and slowing down, grieving the loss of a spouse, or moving to a new community that will better meet your lifestyle needs, it can be a challenge to integrate and meet new people. In a new episode of Absolute Trust Talk Live, Kirsten is joined by guest Penny Reed of Rossmoor Counseling Services. Penny is a licensed clinical social worker with over 20 years of experience and expertise in geriatrics, mental health, and the impact of chronic disease on individuals and their loved ones. Penny’s social work background also includes program management, program development, and psychotherapy through various agencies. In this discussion, Kirsten and Penny will be diving into some of the common struggles her

If you take a look around the next time you’re out in public, chances are you will pass by at least a handful of people with their headphones in. And while there may be many catching up on their favorite podcast, there are just as many that are getting down or chilling out to their favorite tunes. It’s not hard to notice that music can indeed change your mood, like discovering a new song on the way to work that can make your whole day. Or, feeling the nostalgia when you hear the Breakfast Club soundtrack that makes you want to punch a hand up in the air. Music plays a large part in our lives and can influence the way we feel, but did you know that it also has an impact on our health? In a new episode of Absolute Trust Talk, Kirsten is joined by special guest, Dan Cohen. Dan is a long-time social worker and both the founder and CEO of Right to Music - an organization that advocates for integrating music interventions into health care, especially for those in long-term care or with dementia. He also developed t

Many of us have been reconnecting with elderly parents and loved ones for the first time in a long time. And while we may have been in touch over the phone or via Zoom, you might be surprised at some of the changes you will see. It can be hard to accept that our parent's health, mobility, self-sufficiency, or even safety has begun to decline. With these concerns come many questions, and you may be tempted to jump right in to help solve them, but there is a time and place for everything. In a new episode of Absolute Trust Talk, Kirsten is joined by guest Linda Fodrini-Johnson, licensed family therapist and professional certified care manager. Together, they discuss returning home and what to do if you notice a parent beginning to struggle with their day-to-day routine. Some tips you’ll learn about in this episode include: Why it’s important to observe what’s happening in your parent’s home before you start having discussions. How to prioritize any safety issues you may recognize. How to determine what legal p

Retirement can be an intimidating subject to approach. You may be worrying that you've started too late, aren't sure how much to put aside each month, or that there's something you're missing out on. This can be especially hard for women, as there is no template to follow for today's retiring career women. If you think about it historically, in general terms, a man identifies as his career or whatever he did for a living. On the other hand, a woman identifies as a wife, mother, homemaker, etc. At some point, the man has to retire, right? But that role as wife, mother, and homemaker never really goes away. In a new episode of Absolute Trust Talk Live, Kristen is joined by guest Helen Dennis, a nationally recognized leader on the issues of aging and retiring. She is an author, a speaker, a teacher and has helped over 25,000 employees prepare for the non-economic aspects of retirement. Together, they discuss the working woman and how to navigate the retirement transition. Some insights from this episode include:

Preparing for retirement means more than maxing out your 401k. Preserving our minds and bodies is equally as important because how else does one enjoy the fruits of their labor? Nobody wants to spend all their money on long-term care, doctors, and medications, right? Many of us believe that's just a fact of life, but it doesn't necessarily have to be. Surprisingly preserving your cognitive functions is a lot easier than you may think. And before going too far, no, there's no one end-all, be-all wonder drug that improves brain health and crossword puzzles aren't exactly all they are cracked up to be. So, what do we do? Get ready for a list of action items you didn't know you needed. In a new episode of Absolute Trust Talk Live, Kirsten is joined by guest Dr. Quinn Kennedy. Dr. Kennedy has a Ph.D. in psychology, postdoctoral training in cognitive aging, and over 20 years of experience researching and investigating factors that affect older adults, decision-making, and memory performance. Her work has been recog