Absolute Trust Talk

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Synopsis

Educating at every step. Absolute Trust Talk is not your run of the mill general counsel show filled with legal jargon that doesnt resonate. Through her 20+ years of practice, Absolute Trust Counsel managing attorney Kirsten Howe found herself working with clients who were confused and overwhelmed by the complexity of estate planning and saw a need to help clients with education and specific client-centered estate planning services. Now Kirsten is taking her expertise and experience to a new level; she is on a mission to bring a thought-provoking and approachable, friendly voice not only to estate planning, but to a wide variety of business and financial wellness topics. Through a series of podcasts, Kirsten will connect with like-minded business professionals and work to coach and encourage listeners to make educated and informed planning decisions. Preparing for the future doesnt have to be stressful or hard, but it does have to be smart.

Episodes

  • 076: Don’t Let an Inheritance Destroy Government Benefits Eligibility

    15/11/2021 Duration: 25min

    If you have a family member with special needs, financial concerns are more than likely always top of mind. Family members or friends who want to help by gifting or leaving an inheritance to them may have good intentions. Unfortunately, many times there are unintended consequences that do more harm than good. For people who rely on certain needs-based government benefits, receiving an inheritance can rid them of their benefits. If that person has too many resources to push them over a specific cap or threshold financially, they will lose them.  In this episode of Absolute Trust Talk Live, fellow Absolute Trust Counsel attorney Madison Gunn joins Kirsten to discuss different methods to resolve inheritance issues. Kirsten and Madison review and assess a handful of special needs estate planning scenarios highlighting what went wrong as well as how to save benefits. More important yet, this expert duo will share key strategies you can use to prevent future problematic inheritance challenges in your family. While

  • 075: Serious Illness or Injury: The Resources We Need to Manage it All

    30/10/2021 Duration: 33min

    Is anyone ever really prepared to deal with a severe illness or injury? Most people find themselves unprepared when thrust into the patient or caregiver role, understandably so. Roberta Carson knows first-hand just how overwhelming it can be to make the immediate transition. Her experience caring for her teenage son, Zachary, during his 27-month battle with terminal brain cancer, inspired her to start Zaggo, a nonprofit organization. She created the ZaggoCare System to provide patients and family caregivers with the information and tools needed to better manage a care journey in critical illness and injury. In this episode, Kirsten sits down with Roberta to unpack the strenuous care journey for a loved one battling terminal brain cancer. Roberta admits she was unprepared and a bit unorganized in the first weeks following her son’s diagnosis. However, she quickly realized that everything her son experienced, from treatments to side effects to doctor’s visits, must tediously be documented. Roberta and her husba

  • 074: Art Therapy and Dementia

    13/10/2021 Duration: 31min

    Do you have a spouse or loved one who has dementia? Hearing them say “I love you” or share a memory is something that every caregiver hopes for. And in those rare instances, it truly gives a renewed sense of purpose in life. Unfortunately, often, after being diagnosed with dementia, patients are prescribed drugs that, in some cases, cause depression or suppress who they are. But what if there was a way to reduce the medications and boost the mental well-being of the person with dementia and the spouse or caregiver? Interestingly enough, evidence shows that art plays a role in improving neural health. Art therapy is being taught as an alternative approach to dementia cases, providing an opportunity for patients to boost their mood and change their behavior without diminishing their quality of life. In this episode, Kirsten sits down with the incredible Angel Duncan. Angel is a mental health, art therapist, and research clinician specializing in therapeutic program developments for people with mental health, de

  • 073: Fading Memories

    05/10/2021 Duration: 32min

    Caregiving is certainly not an easy job. Often, caregiving responsibilities are given to family members who are learning as they go—especially with the case of dementia. While caregiving for someone struggling with dementia is no easy task, Jennifer Fink understands and has created many resources to help. After experiencing the difficulties behind being a caregiver for her mother dealing with Alzheimer’s, Jennifer struggled to find a podcast that catered toward her needs as an Alzheimer’s Caregiver. Thus, the ambitious Jennifer decided to create her podcast, Fading Memories, to provide support, advice, and resources for those dealing with a similar situation. On Jennifer’s website www.fadingmemoriespodcast.com, you have not only access to her wonderful podcasts, but also an array of other helpful resources—such as blog articles and recipes. And yes, they’re all completely FREE! Jennifer’s podcast and website offer many significant and valuable techniques, even if you are just a general caregiver. In this epis

  • 072: Spotlight on Cancer Support Community

    22/09/2021 Duration: 24min

    Did you know that, according to the National Cancer Institute, approximately 37 to 39% of all Americans will be diagnosed with cancer at some point in their lives? Whether you or a loved one are struggling with cancer, the damages cancer incurs to one’s physical self can be just as difficult to deal with as the emotional effects. While it can be easy to feel isolated and alone on this journey, there is a support system and resources out there available to you. The Cancer Support Community is a national organization that provides FREE support and education catered towards cancer patients, their families, and caregivers no matter where they are in the journey. In this episode, Kirsten welcomes a special guest, Margaret Stauffer, Chief Mission Officer for Cancer Support Community of the local Walnut Creek chapter. We hope you will tune in to hear Kirsten and Margaret dive into the amazing programs provided by this organization, including how to access these services and how you, as a community member, can get in

  • 071: For the Caregivers: Support, Compassion, and Resources Just a Click Away

    08/09/2021 Duration: 35min

    It can be physically and emotionally draining to care for an elderly or disabled family member. Just like anyone else, caregivers can often feel lonely, isolated, and overburdened as they try to balance their other commitments. But what resources are there for caregivers when dealing with these difficult emotions? Elaine Sanchez is here to help. Having had plenty of experience in caregiving herself, Elaine has developed an abundance of resources dedicated toward the mental aspect of caregiving, which is often not acknowledged enough. She is the author of the unflinchingly honest and surprisingly funny book, “Letters from Madelyn, Chronicles of a Caregiver,” and a co-founder of CaregiverHelp.com, a video-based caregiver support website. Her free videos include topics that cover: Creative Indifference Managing Anger Coping with Guilt Understanding Depression Managing Grief Sex, Violence, and Dementia Self-Care Listen in to this new episode of Absolute Trust Talk, as Elaine discusses the most common difficult

  • 070 Trustee Do’s and Don’ts Part Two

    26/08/2021 Duration: 25min

    Being named a trustee is an honor, but it comes with a lot of responsibility. Legal work has to be done, and if you’re not familiar, the process can seem more like a burden. The tasks on hand aren’t necessarily rocket science, but there are a few things that we see clients tend to miss. In a new episode of Absolute Trust Talk Live, 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 very serious mistakes that trustees and executors typically make, which can have consequences. These items include: Why surviving spouses still need to complete legal work even though they take over as trustee Official notifications that are often missed New laws that impact real estate inheritance And more! Whether you’ve just stepped into your role as trustee or are planning for the future, this is an important episode that everyone should listen to, so find a quiet spot because it’s time to press p

  • 069: What We Can (and Can’t) Do with Bank Accounts After Death

    10/08/2021 Duration: 25min

    The last thing grieving family members want to think about is money. Making preparations with your finances should be at the top of that list to help relieve your loved ones of any added stress when the time comes. But, you might think, what’s the big deal? It’s just an account that holds my money. That may be true, but did you know that a bank will freeze a person’s account when they hear of a death? This means that your loved ones won’t have access to funds to pay for things like the funeral and burial. On top of that, any automatic payments will bounce. Unfortunately, this can take a lot of time and money to fix. In this episode of Absolute Trust Talk, Kirsten sits down with fellow Absolute Trust Counsel attorney Madison Gunn to discuss: What happens to bank accounts after death The different types of accounts Who can access the account How to protect them from being frozen Why they should be included in your trust The age-old saying goes something like, “You can’t take it with you when you go,” but you

  • 068: What You Need to Know Before Choosing a Medicare Plan

    27/07/2021 Duration: 30min

    Many people assume that when they turn 65, they are automatically covered by Medicare and that everything will be paid for. Unfortunately, that is not exactly true. When it comes to signing up for Medicare, there are many decisions to be made and things to consider. Just because you are healthy right now doesn’t mean you won’t have health issues in the future, and you need to be thoughtful about your Medicare choices, so you get it set up the right way the first time around. Hint: some choices and plan selections can’t be switched. Yikes! In a new episode of Absolute Trust Talk, Kirsten sits down with Emily Gangaware of The Medicare Coach. Over the last four years, Emily has been changing how people make their Medicare decisions by navigating the rules, insurance company confusion and clarifying what decisions need to be made to protect healthcare rights and retirement savings. No matter what state you live in or how close to retirement you are, Emily has some Medicare revelations you’ll want to hear. It’s ti

  • 067: Estate Planning Challenges with Real Estate

    08/07/2021 Duration: 19min

    When it comes to estate planning, we find that many of our clients want to divide their entire estate equally among their children. Unfortunately, this presents a challenge after death for a variety of reasons – especially when real estate is involved. And now that Prop 19 has passed in California, there are even more complications and things to consider. If you’re not familiar, Prop 19 is the new transfer tax law that, among other things, requires that if there is a parent-to-child property tax transfer, the heir must live at the residence–listen in for more. In a new episode of Absolute Trust Talk, Kirsten welcomes back fellow Absolute Trust Counsel attorney Madison Gunn. Kirsten and Madison dive into this top asset that can cause a world of headaches for beneficiaries and discuss some solutions and workarounds to successfully including residence and other properties in an estate plan. While this episode focuses on California law, it provokes various discussion points vital to any estate plan. We hope you w

  • 066: End-of-Life Care Decisions: Balancing Technology with Compassion

    30/06/2021 Duration: 29min

    Let’s face it. No one wants to discuss end-of-life care decisions. And with modern medicine and medical technology, we have become very accustomed to doing everything possible to prolong life. But often, that can involve aggressive and invasive treatment. For many seniors, decisions about medical care will fall to family members due to incapacity, and these types of decisions can be challenging to make. In our experience, people want to be surrounded by loved ones in a comfortable environment, but it’s hard for family members to see past all the options, outcomes, and considerations. In a new Absolute Trust Talk Live episode, Kirsten sits down with emergency physician Dr. Alan Molk. Harnessing his medical background and experience as a decision-maker for his mother during her journey with Alzheimer’s, Dr. Molk offers valuable insights into how to have the right conversations with loved ones to balance end-of-life decision-making with comfort, dignity, and respect. Big Three from Episode #066: Have end-of-lif

  • 065: Diablo Valley Foundation for the Aging: A Valuable Community Resource

    09/06/2021 Duration: 28min

    Many aging adults rely on a spouse, children, or other family members to help manage things if they become incapacitated or unable to thrive in daily life. But what happens to those who don’t have extended family or anyone who lives close by? Fortunately, there are various resources and solutions to help those types of clients, such as bank trust departments and licensed professional fiduciaries. For others, a foundation for aging may be a better fit. Haven’t heard of a foundation for the aging? You’re in luck. In today’s episode of Absolute Trust Talk, Kirsten sits down with Jody Iorns, Executive Director of the Diablo Valley Foundation for the Aging (DVFA). DVFA is a nonprofit that has been providing services to seniors in Contra Costa County since 1975. Kirsten and Jody dive into the organization’s history and break down all the benefits and support provided to seniors and their families to maintain quality of life. Where you’re local to the area or not, this is an episode you don’t want to miss. Big Three

  • 064: Trust Failures: Don’t Let This Happen to You

    13/05/2021 Duration: 28min

    At Absolute Trust Counsel, in nearly 100% of the trust administrations, we’re hired to execute, there is a least one failure that could have been avoided. Some of these failures are small and simple to fix. Unfortunately, the majority are much more difficult to rectify. In this context, difficult also means expensive. As a trust grantor, it is vital to review your estate regularly, especially if there are significant life changes. Talk to your estate planning attorney and keep your documents up to date to ensure your wishes and promises to your beneficiaries are kept. In a new episode of Absolute Trust Talk, Kirsten sits down with fellow Absolute Trust Counsel attorney Madison Gunn. Madison joined the firm in 2019, bringing extensive legal background and experience, starting as an intern and working her way up to attorney at law. She has a passion for helping seniors, individuals, and their families prepare and protect legacy over the last few years in all aspects of estate planning and trust administration.

  • 063: Aging in Place: It Takes a Village

    06/05/2021 Duration: 25min

    While there are a variety of senior living communities and assisted living options, a majority of older adults want to age in place for as long as possible. Many, however, need assistance to do so, but that doesn’t always mean hiring caregivers. For some, help with chores and simple daily tasks like grocery shopping or changing a lightbulb can make all the difference. In a new episode of Absolute Trust Talk, Kirsten sits down with board-elected president Larry Toy of Lamorinda Village. Lamorinda is a 501(c) (3) non-profit developed as a community-based network of people ages 55 and older that offers support and connections to help older adults stay connected and thriving while aging in place. Larry and Kirsten dive into the programs and services that the village offers as well as how people can join and get involved. If the village sounds like an option for you or someone you know, you’ll want to listen to and share this episode. Big Three from Episode #063: Villages like Lamorinda help older adults age in p

  • 062: Hiring Home Caregivers: Know the Law

    21/04/2021 Duration: 34min

    Studies show that universally, people prefer to stay in their own homes as they age rather than moving into a facility. Who wouldn’t, right? That, however, means that those same people will be hiring in-home caregivers, and there are a few different ways of doing so. If you don’t end up working with an agency that provides someone for you, you may end up hiring a caregiver directly and may unknowingly be stepping into the shoes of an employer. With that option comes several legal requirements that an employer must follow. In a new episode of Absolute Trust Talk, Kirsten sits down with Jon Babione of Ferber Law. He practices in a broad range of employment matters, including discrimination, harassment, wrongful termination, and wage and hour claims, in the state and federal courts and the office of the Labor Commissioner. Jon and Kirsten discuss the requirements involved, and Jon provides some best practices to follow when hiring a caregiver to avoid any legal issues. Big Three from Episode #062: It’s importan

  • 061: Keys to a Successful Transfer of Wealth

    07/04/2021 Duration: 32min

    Unfortunately, many today see money as a solution to problems, but that is not always the case. In fact, wealth can be quite damaging to a family dynamic. Planning, in this instance, is vital. When family members have prepared and have learned how to work together, that’s when wealth and inheritance can be used as a tool to benefit a family for generations to come. In this Absolute Trust Talk episode, Kirsten sits down with Richard Del Monte of the Del Monte Group to discuss the underlying reasons why wealth transitions so often fail. They also look at the tools and processes he recommends for families who want to avoid that fate. With more than 35 years of experience as a Certified Financial Planner and Certified Wealth Consultant, Richard excels in guiding clients through challenging life transitions and finding ways to make seemingly out-of-reach financial goals become a reality. This is an episode not to be missed. Big Three from Episode #061: Teach your heirs ahead of time how to handle wealth successfu

  • 060: Navigating the World of Senior Living Communities

    24/03/2021 Duration: 34min

    There are many great options these days when it comes to senior living communities and long-term care, but that's just it. There are hundreds of options. Finding the best solution for yourself or a loved one is a project and can be a daunting task for families. How do you truly know what the best choice is for elderly parents? In a new episode of Absolute Trust Talk Live, Kirsten sits down with placement expert Juliane Bigelow, founder of CareQuest, a local placement agency helping families in Alameda and Contra Costa counties. Juliane has spent decades advocating for elders and their families, and with a trusted network that has been nurtured since 1990, it's safe to say she knows her stuff. Listen in to hear a thorough discussion on all the options available, what kind of care is available, general costs, and more. No matter where you are in the planning or decision process, this episode will highlight all the factors you should consider. Big Three from Episode #060: Finding out what's important to people

  • 059: Resolving Family Conflict Through Elder Mediation

    09/03/2021 Duration: 27min

    As family members age, we often find other members becoming involved in caregiving and decision-making. Unfortunately, this can sometimes lead to conflict as communication and relationships deteriorate in disagreement over an issue that impacts the older adult or the family as a whole. In these cases, it can be helpful to have a qualified third party ask the right questions and help everyone find common ground - a professional we like to call an eldercare mediator. In a new episode of Absolute Trust Talk, Kirsten sits down with Katharina Dress, MA. A mediator and facilitator who specializes in helping families understand each other’s viewpoints, reach an agreement, and ultimately make the best decisions about care and planning for aging loved ones and their families. Listen in to learn more about the issues Katharina sees among family members, what causes tension, and some of the approaches she uses to resolve conflict successfully. Big Three from Episode #059: Elder mediation can help families reach agreeme

  • 058: The Importance of Guardianship in Your Estate Plan

    24/02/2021 Duration: 14min

    If you have minor children, nominating a guardian for them in case of your death or incapacity is one of the most important reasons to do an estate plan. For many families, the choice is not easy, and they end up procrastinating. Think of it this way, do you want a judge, who may know nothing about your children or your family, deciding who your child will be raised with without knowing your preference? Parents have the opportunity to make a choice, and we can help.  In a new episode of Absolute Trust Talk Live, Kirsten discusses the different types of guardianship in California, the process of guardianship, factors to consider when choosing a guardian, and more. Naming a guarding for your child(ren) and the work that goes along with it is largely misunderstood. Tune in to get the facts and find the right next steps for including guardianship in your estate plan. Big Three from Episode #058: Parents can nominate someone for guardianship, but only the judge can appoint someone. As a parent, make sure your wis

  • 057: Estate Tax Returns: Why You Might Want to File Anyway

    17/02/2021 Duration: 30min

    Because the federal estate tax exemption is so high, currently set to $11,700,000, many people believe their families won’t have to worry about filing a federal estate tax return (IRS Form 706) on their deaths. And while this may be true to a certain extent, there are also benefits that come with filing an estate tax return that could save your family a lot of money, money that can only be claimed if you file. In a new episode of Absolute Trust Talk Live, Kirsten sits down with CPA Margaret Schopp. Margaret’s firm, Schopp & Co., focuses on trust and estate tax returns, including Form 706 for (portability). They work closely with estate planning attorneys and other CPAs who may have an occasional need for a Form 706. Listen in as Kirsten and Margaret break down the estate tax return process, discuss how to calculate it, and review the significant benefits as well as some common mistakes to avoid. Even if you don’t meet the current estate tax exemption, you might want to file anyway. Big Three from Episode

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