Welcome back to Absolute Trust Talk for Part 2 of our exciting deep dive into estate litigation with our associate attorney and former litigator, Ariana Flynn! In this episode, we’re exploring the steps you can take to prevent challenges to your estate plan after you’re gone. Ariana shares valuable insights from her experience, including how writing explanatory letters to explain tough decisions and how receiving a neuropsych evaluation can also make a difference. We also discuss how working closely with your estate planner can help protect your wishes, with tips on handling co-trustees and ensuring your plan is rock solid. If you want to avoid potential litigation and secure your legacy,  then this is an episode you won’t want to miss!

Time-stamped Show Notes:

0:00 Introduction

0:55 Should you be worried about someone disputing your estate plan? Here’s what our former litigator, Ariana has to say.

3:09 Completing a neuropsych exam could help if someone attempts to claim the decedent was mentally incapacitated. Listen in as we discuss.

4:52 When it comes to litigation, an attorney’s testimony is highly important. Tune in at this moment as we explain what you should do, as well as the extra precautions we take for you.

7:24 As estate planning attorneys, it’s our job to be as thorough as possible. Here’s a sneak peek of what that can look like.

7:51 Is having co-trustees really that bad?  Ariana shares the truth about how this decision can leave a lasting impact.

10:08 We hope this episode was just as eye-opening for you as it was for us. Be sure to tune in next time!

In this episode of Absolute Trust Talk, managing attorney Kirsten Howe welcomes associate attorneys Jessica Colbert and Ariana Flynn to discuss common issues in trust and estate litigation. Drawing from her experience as a litigator, Ariana highlights three major themes that often arise in family disputes over estates: undue influence, lack of capacity, and complex family dynamics. These challenges can lead to costly and emotional battles over a loved one's assets, making it crucial for individuals to understand the potential pitfalls. Tune in to hear valuable insights on how to navigate these difficult topics and prepare for the future. Plus, stay tuned for our next episode, where we’ll continue this crucial conversation!

Time-stamped Show Notes:

0:00 Introduction

1:30 Ariana starts us off by sharing the most common family litigation issues.

2:45 In this segment, we discuss the most common issue: Undue Influence—what is it and how does it happen?

5:58 Not all influence is considered undue influence. If you’re as curious as we were to discover where that line is, tune in here!

6:35 Another common issue we see is a lack of capacity. Press play here to find out how this can be a major issue in estate planning.

7:30 Anyone can file a lawsuit at any time. Keep an eye out for our next episode where we’ll explore the details of such a scenario.

In this episode of Absolute Trust Talk, host Kirsten Howe welcomes back accomplished estate planning attorney and litigation expert Ruth Kohler Burke for part two of their deep dive into community vs. separate property in estate planning. Together, they unravel the complexities of property characterization and highlight how proper planning can save you from expensive, stressful situations. From intestacy horror stories to blended family challenges, Ruth shares real-world examples and valuable insights gained from her 25+ years of experience, including representing Fortune 500 companies. Whether you're managing family dynamics, navigating divorce, or ensuring your legacy, this episode provides actionable advice to help you avoid estate planning pitfalls.

Time-stamped Show Notes:

0:00 Introduction

1:10 Welcome back, Ruth Kohler Burke! We’re kicking off the conversation with why property characterization matters when someone dies without an estate plan.

2:31 Why is differentiating separate and community property from each other so critical? Understanding this distinction is key to effective estate planning.

5:09 What happens when a minor inherits property? Let’s dive into the complications and the role of guardianship.  

6:20 Horror story: Avoid this estate planning nightmare! Listen as Kirsten and Ruth talk about an example of intestacy gone wrong and how it could have been prevented

7:50 Sometimes, separate and community property isn’t a simple black-and-white matter. Here’s what you need to know.

10:32 Key takeaway: Don’t die intestate—the essential advice to avoid unnecessary complications for your loved ones.

11:40 We hope you enjoyed this episode with our special guest, Ruth Koller Burke! 

Get in Touch with Ruth!

Koller Herlihy LLP

http://www.khtrustlaw.com

Email: [email protected]

Phone: (925) 954-1268

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.

In this special Absolute Trust Talk episode, Kirsten Howe and associate attorney Jessica Colbert step into the captivating world of celebrity estates, taking a closer look at the probate of O.J. Simpson. Unlike traditional probates, where assets are distributed to heirs, O.J.'s estate paints a very different picture—one dominated by overwhelming debts, including a $117 million judgment. From the auctioning of memorabilia to an intriguing home equity dispute, this episode uncovers the complexities faced by executors in balancing creditors' claims and legal obligations. Whether you're a legal enthusiast or just curious about the challenges of high-profile estates, this episode is an entertaining and insightful dive into the world of probate law. Tune in to discover what happens when there’s nothing left for the heirs—and how even celebrity estates must follow the same rules as everyone else.

Time-stamped Show Notes:

0:00 Introduction

2:04 Learn about the executor’s efforts to auction O.J.’s personal belongings, from memorabilia to household items, and the challenges involved in organizing the sale.

3:34 Next, we dive into the details of the executor’s attempt to include home equity in the estate, despite complications involving a property jointly owned by O.J. and his son.

5:38 Discover the role of O.J.’s pour-over will and the trust it references, and why certain details of his estate remain private.

6:40 Kirsten and Jessica reflect on the unusual nature of this case and its educational takeaways, teasing more engaging episodes to come.

Trustees, are you confident you’ve completed all your legal responsibilities? This final, crucial question is one every trustee should ask—but the answer is rarely simple. In this episode of Absolute Trust Talk, host Kirsten Howe and associate attorney Jessica Colbert delve into the often-overlooked legal notices trustees are required to send before making final distributions. They discuss the critical 120-day notice to trust beneficiaries and heirs, informing them of their rights to contest the trust. They also cover essential notifications to the Department of Health Care Services and the county assessor’s office. Missing these steps might seem minor, but they can lead to significant delays and legal complications. Tune in to learn more about these requirements and why addressing them early is essential for a seamless trust administration.

Time-stamped Show Notes:

0:00 Introduction

1:15 Picking up from our previous episode with the fourth and final question for trustees: “Have I done everything I’m required to do?”

2:00 Next, let’s explore the first of several common notices that trustees often overlook.

2:30 The 120-Day Notice to Beneficiaries and Heirs: Why this written notice is crucial and its specific language requirements.

3:38 There are beneficiaries, and then there are heirs. Here’s what you need to know about notifying each as a trustee.

5:00 Have you filed a notice to the Department of Healthcare Services? We discuss why it's an important step, even if you believe it doesn't apply.

6:30 If the decedent owned any real estate, you’ll need to submit this to the county assessor’s office. Listen in for more details.

7:10 The final takeaway: Ask the questions we covered today sooner rather than later to avoid complications.

Being named a trustee is a significant responsibility that demands careful attention, time, and effort—and missing critical steps can lead to complex legal consequences. In this episode of Absolute Trust Talk, host Kirsten Howe and associate attorney Jessica Colbert delve into real-life cases where trustees overlooked essential duties. They discuss three crucial questions every trustee must ask before making final distributions:

1.     Have I done everything necessary concerning income taxes?

2.     Is there a supplemental property tax bill coming?

3.     Do I need to provide an accounting to the beneficiaries?

With practical guidance on navigating these often-missed steps, Kirsten and Jessica equip trustees with the knowledge to handle their responsibilities smoothly and avoid personal liability. Whether you're a current trustee or might become one in the future, this episode is packed with essential insights you won't want to miss.

A significant shift in California probate law is on the horizon, promising to make estate transfers more accessible for many homeowners. In this episode of Absolute Trust Talk, host Kirsten Howe and associate attorney Jessica Colbert delve into a game-changing legislation effective April 1, 2025. This new law allows for a simplified transfer of primary residences valued up to $750,000 to heirs—without the need for probate or a formal estate plan. They discuss how this expansion of the small estate affidavit and petition procedures can ease the burden on families, making property transitions faster and less complicated. Tune in to learn how these upcoming changes might impact you and your loved ones.

Time-stamped Show Notes:

0:00 Introduction

0:58 Discover how the 2025 revisions to the small estate affidavit could benefit you and streamline estate transfers. 

3:10 Navigating Estate Transfers Under the New Law: Listen as we break down the process of how estate transfers will work with this legislative change.

4:00 Even with increased limits, a small estate affidavit option may not suit everyone.

5:20 Thank you for listening. We look forward to connecting with you in our next episode!

In the third episode of their probate alternatives series on Absolute Trust Talk, host Kirsten Howe and associate attorney Jessica Colbert delve into two streamlined legal procedures that help families avoid the costly and time-consuming probate process when transferring small real estate estates in California. They explain an affidavit procedure for properties valued under $61,500 and a petition for determining succession to property for estates under $184,500. The discussion covers the requirements for each method, including waiting periods, the role of a probate referee, and when each procedure is applicable. This episode offers essential insights into navigating these simplified legal paths. Plus, stay tuned for a sneak peek into significant probate law changes coming in 2025.

Time-stamped Show Notes:

0:00 Introduction

0:55 A small estate affidavit only covers personal property. However, there is another way to bypass probate, even with property—listen in!

2:15 A small estate affidavit requires the appraised value of the property to be less than $61,500. Learn more about the requirements here.

2:52 What is a probate referee, why do you need to know, and who can be one?

4:22 Looking for a non-probate alternative that allows for an estate worth over the $61,500 threshold? Consider a succession petition.

7:24 We’re expecting legal changes next year concerning probate and personal residence.

In this episode of Absolute Trust Talk, Kirsten Howe and associate attorney Jessica Colbert delve into the spousal property petition, a vital tool that offers a faster and more cost-effective way for surviving spouses to claim assets from a deceased spouse's estate. They break down the legal nuances, sharing practical examples of how this process works and how it can sometimes be used even after both spouses have passed away. With real-world scenarios and expert advice, this episode sheds light on probate alternatives that can ease the estate administration process for families. Whether you’re dealing with estate planning or curious about alternatives to probate, this episode offers invaluable guidance.

Time-stamped Show Notes:

0:00 Introduction

1:30 Spousal Property Petition Explained: Jessica introduces the spousal property petition, explaining how it helps surviving spouses claim assets while avoiding the complexities of probate.

3:15 Learn how a spousal property petition differs from a small estate affidavit, particularly with no asset value limits.

4:20 Jessica shares a case example where the petition was used by a surviving spouse’s representative, simplifying a complex estate situation.

6:00 Closing Thoughts: Kirsten and Jessica discuss their passion for solving complex cases like puzzles, and how their legal expertise helps families find the most efficient solutions.