Absolute Trust Talk

161: What's Yours, Mine, and Ours? Untangling Community vs. Separate Property in Estate Planning


Listen Later

In this episode of Absolute Trust Talk, host Kirsten Howe is joined by the accomplished Ruth Koller Burke, Partner at Koller Herlihy LLP, whose 25+ years of experience span estate planning, trust administration, and probate litigation. Ruth's dual expertise as both an estate planner and litigator—gained through years of representing Fortune 500 companies and managing high-stakes family dynamics—brings an invaluable perspective to this discussion.

Together, Kirsten and Ruth dive deep into the complexities of community and separate property in estate planning. From clarifying what distinguishes assets owned before marriage from those accumulated together, to understanding the role of trusts and navigating pre- and post-nuptial agreements, they leave no stone unturned. Whether you're planning for a first marriage, a blended family, or any unique scenario, this episode offers actionable advice to help you safeguard your legacy and avoid future complications.

Time-stamped Show Notes:

0:00 Introduction

1:28 Meet Ruth Koller Burke and learn how her dual expertise as an estate planner and litigator provides unique advantages for estate planning clients.

3:15 What's the difference between community and separate property? Ruth and Kirsten explain these terms and why aligning estate planning with prenuptial or postnuptial agreements is critical.

5:20 How do prenuptial and postnuptial agreements influence estate planning? Get expert insights into how estate planners approach these agreements.

8:40 Second marriages and commingling assets can complicate estate planning—hear a real-world example of how to handle these situations effectively.

10:28 Should married couples have separate trusts, a community trust, or a mix? Ruth and Kirsten delve into this key question and offer tailored solutions.

13:12 Protecting separate property from being unintentionally commingled is crucial—press play for practical tips on keeping assets clearly defined.

16:38 Thank you, Ruth, for sharing your insights! Don't miss the next episode, where Kirsten and Ruth dive into estate planning horror stories and how to avoid them.

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:

  1. Learn about your unique situation and goals
  2. Answer questions about our services
  3. 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.

Follow and Review:

We'd love for you to follow us if you haven't yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We'd love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select "Ratings and Reviews" and "Write a Review" then a quick line with your favorite part of the episode. It only takes a couple second and it helps spread the word about the podcast.

Episode Credits: The Absolute Trust Talk podcast is brought to you with the help of Q2Mark, led by Chief Marketing Officer Susie Hays. Since 2016, Q2Mark has partnered with Absolute Trust Counsel on all marketing communications—from brand development and website design to this podcast series with over 192 episodes, social media management, video production, and more. If you're business owner looking for comprehensive marketing support, visit Q2Mark.com.

...more
View all episodesView all episodes
Download on the App Store

Absolute Trust TalkBy Kirsten Howe: Attorney and podcaster

  • 5
  • 5
  • 5
  • 5
  • 5

5

22 ratings


More shows like Absolute Trust Talk

View all
The Ramsey Show by Ramsey Network

The Ramsey Show

39,095 Listeners

The Daily by The New York Times

The Daily

112,611 Listeners

Up First from NPR by NPR

Up First from NPR

56,603 Listeners

Turn Autism Around by Dr. Mary Barbera

Turn Autism Around

342 Listeners

Estate Planning Strategies by Christopher Small

Estate Planning Strategies

47 Listeners

Frequent Miler on the Air by Frequent Miler

Frequent Miler on the Air

634 Listeners

Chasing Life by CNN Podcasts

Chasing Life

8,194 Listeners

Geobreeze Travel by Julia Menez

Geobreeze Travel

406 Listeners

The Ezra Klein Show by New York Times Opinion

The Ezra Klein Show

16,019 Listeners

HER Style Podcast | Shopping, Color Palettes, Fashion, Wardrobe, Outfits, Clothing by Heather Riggs - Stylist, Image Consultant & Color Analyst for Women

HER Style Podcast | Shopping, Color Palettes, Fashion, Wardrobe, Outfits, Clothing

169 Listeners