Absolute Trust Talk

In a new episode of Absolute Trust Talk, guest, Konstantine “Kosta” Demiris, joins Kirsten to discuss all things conservatorship. Kosta has a wealth of experience in all aspects of litigation. He has tried hundreds of cases involving trust, estate, probate, conservatorship, guardianship, elder abuse and fraud, real property and HOAs, family law, dependency, criminal law, and unlawful detainer matters. 

An experienced practitioner in conservatorship law, Kosta discusses with Kirsten why clients enter into these types of proceedings and why they can be useful in protecting a loved one. They then turn the tables and explain why one should do their homework before pursuing a conservatorship, how they can go wrong, and why one should first try to look for other possible avenues outside of these types of proceedings.

Big Three From Episode #024:

1. Do your homework before you decide to go forward
2. Tread as carefully and lightly as possible
3. Be aware of how serious the proceedings are

Time-stamped Show Notes:

3:43 – Kosta defines a conservatorship

7:30 – Kirsten and Kosta discuss the difficulties of a conservatorship

9:34 – Kosta highlights the abuse of power of attorney

11:09 – How a conservatorship can help with abuse of a power of attorney

14:22 – Kosta discusses why a temporary conservatorship may be necessary

20:14 – Who can be a conservator?

21:07 – Kosta describes what it’s like to be in a conservatorship

27:08 – What happens when someone gets appointed to conservator?

33:32 – Kosta discusses what a bond is and when it’s used in a conservatorship

38:20 – Kosta talks about how long a conservatorship can last

39:37 – Is it important to have an attorney when in a conservatorship?

44:36 – Kosta shares examples of why/how conservatorships are difficult and can go wrong

For more information on Kosta and his firm, please visit http://demirismoore.com/blog/or  contact Kosta by visiting http://demirismoore.com/contact/.

Over 5 million people all across our country have Alzheimer’s. The scary part is that many people don’t quite understand the disease and confuse it with other health issues or even normal signs of aging. Kirsten and guest Dori Sproul, family care specialist with the Alzheimer’s Association of Northern California, team up to discuss the disease and to educate listeners on a multitude of topics about this life-changing condition.

Kirsten and Dori begin their discussion defining exactly what Alzheimer’s is and what it does to the body. Dori then goes on to share the importance of her organization and details how the Alzheimer’s Association helps families and individuals impacted by the illness. Dori highlights vital warning signs, how a patient is diagnosed, the advantages of being diagnosed early, and how crucial it is to plan ahead financially if at all possible. One in three seniors who die each year has Alzheimer’s or another dementia. It is the third leading cause of death in the state of California alone. Alzheimer’s is a rapidly growing national health crisis, and the more we all understand, the better. We recommend listening and sharing this episode, because one way or another, this disease touches us all. 

Big Three From Episode #023:

1. If possible (with early diagnosis), plan ahead with your family.
2. If you notice warning signs, talk to a physician.
3. If you are a caregiver, you are not alone!

Time-Stamped Show Notes:

2:15 – Over 5 million people all across our country have Alzheimer’s. Dori explains what Alzheimer’s is and what it does to the body, and identifies the ways in which Alzheimer’s differs from other dementias.

5:59 – Dori discusses what her organization does and how it helps those who have Alzheimer’s and their families.

11:15 – Dori describes the warning signs of Alzheimer’s and explain how these differ from normal signs of aging.

22:30 – Dori and Kirsten discuss how Alzheimer’s is diagnosed in a patient.

27:35 – Dori identifies the advantages of getting a firm Alzheimer’s diagnosis and of early detection.

30:08 – Dori explains what a mild cognitive impairment diagnosis looks like.

36:30 – Kirsten and Dori discuss the importance of planning ahead financially if possible.

39:55 – Dori describes what families experience when they get in touch with the Alzheimer’s Association.

48:00 – Dori discusses other community resources available to seniors in need.

Episode #023 Freebie: Know the 10 Signs

As mentioned in this episode, signs and symptoms of Alzheimer’s can be confused with normal signs of aging. Regardless, it’s a growing epidemic, and it’s important to be able to understand and recognize key warning signs of the disease. Absolute Trust Talk guest Dori Sproul works hard to educate clients, the community, and all who contact her through the Alzheimer’s Association on tips, tools, strategies, resources, and all aspects of this illness. Today, she is sharing an exclusive tool with listeners called “Know the 10 Signs - Because Early Detection Matters” — a detailed checklist to help you identify the early signs of Alzheimer’s. Click here to download your checklist now!

Resources/Tools/Links Mentioned in This Episode:

TrialMatch – website tool to match with clinical trial

1.800.272.3900 – Alzheimer’s Association Help, Crisis, and Resource Line to address questions or concerns 24 hours a day

ALZ.org – educational content, tools, and resources

When a family is grieving the loss of a loved one or an older couple is ready to move on to the next chapter in their lives by downsizing their lot, it can be overwhelming. Where do you start when you have a whole lifetime of stuff?

Professional estate organizer Meg Connell joins Absolute Trust Talk host Kirsten Howe in the studio for an all-new episode to discuss the estate organizing process. With over 20 years of organizing experience, eight years of experience at a Fortune 500 consulting firm, and a degree in interior design and architecture, Meg, along with her team at TheOrganizedOne, brings unique qualifications to the estate distribution process. In this episode, Meg shares what it is that an estate organizer does, the steps that her team goes through, and how she determines what distribution process might be necessary for one family versus another. Meg also discusses how she works with other professionals and outside resources to help fully manage the tangible property items of an estate.

Top Takeaways Episode #022:

1. Plan ahead! Don’t leave your family with a mess.

2. It’s only stuff.

Time-stamped Show Notes:

3:07 – What is an estate organizer?

9:40 – Is there a demand for an estate organizer when the children or heirs are living far away?

13:26 – What is the process an estate organizer goes through when the occupant has passed?

17:40 – Meg describes how an estate organizer bills for the work done.

18:29 – Kirsten and Meg discuss how to determine whether an estate sale is necessary and what the alternatives are.

24:43 – Where do you start when you walk into a home, and it’s packed to the gills with stuff or a hoarding situation?

29:40 – Meg shares some of the most interesting things she has found in a home.

34:45 – Why it’s important to have a plan for personal property

40:01 – How long does an estate organization project take?

Episode #022 Freebie:

Getting estate affairs in order is no easy task, regardless of whether the person is still alive or not. Absolute Trust Talk guest and estate organizing professional Meg Connell is sharing a resource guide exclusively for listeners. This resource guide lists places that can help you with your estate planning and estate organizing – even your estate clean outs. If you don’t know who to talk to or how to get started, this tool is for you and your family. Click here to download your copy now!

Resources/Tools/Links Mentioned in This Episode:

The White Elephant Sale – Oakland Museum

East Bay Depot

Did you know it’s possible to make a loan to an irrevocable trust? Many people don’t know it is, and even though conventional lending firms might say they do it, they don’t truly understand and often force the borrower to take the loan out of the trust – negating the benefit. Jim O’Dea, a broker associate with Redwood Mortgage, a private money lender, has been with Redwood for over 14 years and has over 40 years of commercial real estate experience. Jim has made the irrevocable trust loan transaction a niche of sorts and, at Redwood alone, has originated and closed over $150 million in loans.

In today’s episode, Kirsten and Jim discuss why making loans to irrevocable trusts is such a difficult transaction, why it happens in the first place, how it is completed and why it is such a tremendous opportunity for families to take advantage of. This is an educational episode of Absolute Trust Talk not to be missed. 

Top Takeaway From Episode #021:

1. This type of loan transaction is a benefit, an opportunity, and an educational experience for many families, and many people don’t know that it’s out there as an option.

Time-stamped Show Notes:

3:11 – Jim discusses why making loans to irrevocable trusts is such a difficult transaction

7:06 – Jim talks about a typical scenario in which clients are referred to him and his business

13:28 – Kirsten asks Jim to give an example of how the loan amount is calculated

24:21 – Kirsten asks Jim to share an example of tax benefits to the family doing the loan to an irrevocable trust

25:38 – Jim shares how he got into this specific loan business

28:40 – Why families often miss this loan opportunity

31:28 – Are there other opportunities to make loans to irrevocable trusts?

33:35 – Could this type of loan transaction take place if there is another type of property, other than the family home?

Episode #021 Freebie: Excel Spreadsheet – Deriving Loan Amounts on Irrevocable Trusts

Didn’t know that making loans to an irrevocable trust was possible, but it is. Absolute Trust Talk guest Jim O’Dea has helped many clients make this difficult loan transaction possible, and he’s ready to help get you started too. Jim has developed a special Excel spreadsheet that lends a hand in determining the potential loan on an irrevocable trust loan. In addition, it serves as a handy checklist, taking into account the many variables that could impact the loan amount. Click here to download your copy of this specially developed spreadsheet.

The thoughts around becoming a naturalized citizen can be, well, daunting. Many wonder if it’s worth the time and effort. Absolute Trust Talk guest and immigration law expert Nadia Yakoob encourages all clients, and those wondering about the process, to take the time and make an effort because the benefits far outweigh taking no action at all.

Nadia has been practicing immigration law for 18 years.  She immigrated to the United States at the age of ten with her family after living in Singapore, Malaysia, the UK, and France. Her personal experiences have shaped her approach to her work and her clients. Nadia joins Kirsten in the studio for a new episode of Absolute Trust Talk to discuss everything about becoming a naturalized citizen: the requirements, the length of the process, details about filing, what the interview is like, even if it’s possible to have dual citizenship. An interesting and informational episode you don’t want to miss.

Top Takeaway from Episode #020:

1. It may seem like a lot of work, but it’s not as difficult as you may think.
2. The benefits are more than worth it.

Time-Stamped Show Notes:

2:56 – Nadia discusses the advantages of becoming a naturalized citizen

6:15 – Are there disadvantages to going through the naturalization process?

7:58 – Nadia shares the four requirements necessary to become a naturalized citizen

16:25 – Nadia discusses how she helps her clients through the process

20:02 – What does the naturalization interview process look like?

24:25 – This is how much it costs to file for naturalization.

25:29 – Kirsten asks Nadia to share how long the whole process takes

27:38 – Kirsten discusses the importance of naturalization and estate planning

Episode #020 Freebie:

How do you become a naturalized citizen? What are the requirements? What documents do you need? What does the process look like?

There are many advantages for a foreign national to acquire U.S. citizenship through naturalization. While the process might seem daunting – it does require some paperwork, time, and diligence – it’s not as overwhelming as many believe. Immigration law expert Nadia Yakoob is sharing with listeners a unique tool that discusses the benefits of acquiring U.S. citizenship, what the requirements are, what documents are necessary, plus a checklist to ensure you have all the information needed.

Click here to access your free copy!

Resources/Tools/Links Mentioned In This Episode:

USCIS Interview Test Information

In episode 19 of Absolute Trust Talk, Kirsten welcomes Francesca Vogel, home care liaison for Home Care Assistance, to the show. Francesca works with seniors and their families to help navigate their specific care needs. Francesca is such a valuable asset in her field, not only because of her 24 years of health care experience but her vast knowledge base and her endless network of connections across the state of California and beyond.

Discussing home care and even potential end-of-life care is not an easy subject for people, but it’s something that every family should talk about so they know and understand their options. Kirsten and Francesca dive into what services a home care assistant provides, who looks for home care, the questions to ask when looking for the right caregiver, the differences between home care and hospice, and why it’s not recommended to hire just a friend or neighbor. Whether you are in the middle of working these issues out with the seniors in your life or are only in the planning stages, this is an episode not to be missed.

Top Three From Episode #019:

1. Ask questions
2. Use your resources – Google and Yelp reviews, professionals like bankers and attorneys
3. Remember you are never alone

Time-stamped Show Notes:

3:24 – What’s happening in someone’s life when they should be thinking about home care?

6:07 – What kinds of services are a professional caregiver hired for?

9:28 – Francesca defines the difference between hospice and home care.

12:10 – Kirsten asks Francesca to discuss who works for and with Home Care Assistance.

20:14 – What do people need to be thinking about when looking for home care assistance?

22:05 – What kind of questions should potential clients ask about how a client care manager works?

23:12 – Why someone should not just hire a friend or neighbor to give home care assistance.

28:55 – When you need to hire home care, do you sign a contract?

35:50 – What do you do when an elderly client is against care?

Episode #019 Freebie:

“We all lose our keys and forget where we put our reading glasses as we get older. It’s normal.”

In this episode of Absolute Trust Talk, home care expert Francesca Vogel highlights how vital it is to educate seniors and their families on their care options and to provide tools to help them age as happily, healthily and comfortably as possible. Family members will see their elder loved ones start to lose their memories and automatically think the worst, but that’s not always the case. As discussed in today’s episode, Francesca is sharing a guide with listeners called How to Spot the Early Signs of Alzheimer’s. It goes through the various things you might be seeing in your loved one and offers a step-by-step guide to help notice the first signs of Alzheimer’s or determine if there might be something else going on. Click here to download your copy now!

Resources/Tools/Links Mentioned in This Episode:

Book Series by Home Care Assistance Founders

• Mind Over Gray Matter – Mentioned

https://homecareassistance.com

In this episode of Absolute Trust Talk, Kirsten welcomes attorney Bob Gonser to the show. Bob’s practice focuses on matters involving disputes between investors and their financial advisors. Bob typically works on a contingent fee basis and has successfully handled hundreds of cases for his clients whose investement accounts have been mismanaged resulting in the loss of irreplaceable assets.

Kirsten and Bob discuss many topics surrounding his specialty, beginning with who is most likely to be victimized by financial advisors who do not act in the best interest of their clients.. Bob then shares the different types of situations he sees his clients in and how they decided they were in over their heads and needed legal help. Later Bob weighs in on the do’s and don’t’s when looking to hire an advisor or broker and what you should regularly do to stay on top of your portfolio.

Top Take Aways from Episode #018:

1. Remain aware of your situation
2. Remain involved
3. Don’t be afraid to ask questions
4. Keep your children involved or (if you’re the kids) make sure you stay involved in your parent’s finances so you know how to put all the pieces together

Time-stamped Show Notes:

3:02 – Bob shares why senior citizens are the most common group of people he works with in regard to the loss of money in investments

4:20 – Kirsten asks Bob to share how clients come to the ultimate conclusion that they are in enough trouble and they need legal help

5:17 – Why senior citizens should not have volatile investments

8:44 – Bob discusses the different types of situations he sees and the types of advisors responsible for taking advantage of investors

11:08 – What “suitable” means regarding an industry standard for advisor-client relationships

15:00 – Bob defines the difference between the fiduciary and suitable standards in terms of responsibility of advisors to their clients

17:03  – Kirsten asks Bob to share what else he sees advisors doing wrong in his practice

19:56 – This is the most important thing you can do when looking to hire an advisor or broker

24:27 – Bob highlights what an investor should stay on top of when they finally hire an advisor or broker

Episode #018 Freebie:

It’s great to have a financial professional to turn to when it comes to making investment decisions, but it’s also important to maintain involvement in your portfolio activity. Absolute Trust Talk guest and attorney Bob Gonser is sharing exclusive access to his portfolio maintenance tool called the Investment Portfolio Check-Up. This questionnaire is designed to help you see any red flags or things you might not recognize in your portfolio. To help ensure the safety of your financial investments we urge you to listen in to this episode and then download the Investment Portfolio Check-Up tool here.

Resources/Tools/Links Mentioned in This Episode:

Finra.org – Broker Check

In episode 17 of Absolute Trust Talk, Kirsten welcomes Kantor & Kantor, LLP partner Michelle Roberts into the studio. Michelle has focused her entire career on helping claimants win disability claims under employer-provided disability plans. She is also a specialist in the act that governs disability benefits provided by employers, known as ERISA, which stands for the Employee Retirement Income Security Act of 1974. In this episode, she highlights the most important tips, tricks, and strategies surrounding all things disability income.

Kirsten and Michelle begin by talking about the different types of disability income. They later discuss common mistakes that people make when filing for disability, and why it’s crucial for someone filing for disability to seek an attorney’s advice. Then Kirsten and Michelle break down the multitude of ways in which claimants can get into trouble when their claim gets denied, limitations that people might not realize about disability policies and what types of disability are covered by private plans.

Top Takeaway from Episode #017:

1. If you do have a denied disability claim, seek legal advice before you move forward – there are too many pitfalls that could cause even more damage.

Time-stamped Show Notes:

2:30 – Michelle starts by discussing the different types of disability income benefits that are available

5:40 – Because the focus of the show is on private benefits, Michelle highlights what ERISA is and how it governs disability income benefits

9:47 – Kirsten asks Michelle to share some of the most common mistakes she sees people make when they are trying to get disability from employers

13:20 – Why it’s important for someone filing disability to talk to an attorney before going it alone and getting the process started

18:05 – If a claim initially gets denied, but the appeal gets approved, does the claimant get the full amount they were originally pursuing?

19:50 – Michelle discusses how “pre-existing condition” applies to the disability world

22:00 – Kirsten asks Michelle, “Are there other limitations buried in these policies that people need to know about?”

26:00 – It sounds like an expensive process of pursuing legal help to apply for disability in the right way. Is that a deterrent for people?

27:25 – Michelle discusses what types of policies are covered by private policies

Episode #017 Freebie:

Filing for disability might seem straightforward, but what many people don’t realize is that it is much trickier than, “My doctor says I’m injured and can’t work.” Absolute Trust Talk guest and disability expert Michelle Roberts is sharing with listeners a vital planning tool called A Guide to Disability Benefits. This straightforward blueprint lays out the different types of disability benefits and walks you through the steps to pursuing a disability claim not just the right way, but also the smart way. Click here to download your copy of A Guide to Disability Benefits.

Resources/Tools/Links Mentioned In This Episode:

Michelle’s Blog – Your ERISA Watch: www.erisawatch.com

Michelle’s Guest Blog Appearance on Absolute Trust Counsel Blog: What’s In Your Medical Records?  The Importance of Doctor’s Notes to Support Long-Term Disability Claims Under ERISA

In episode 16 of Absolute Trust Talk, Kirsten welcomes Morgan Stanley Senior Portfolio Manager Robert McLalan to the show. Bob has over 35 years of experience in the securities industry and has committed a large part of his practice to helping special needs families. His passion for special needs comes from his own personal experiences as a conservator for his sister, Toni, who was born with Down syndrome.

Throughout the show, Bob shares numerous stories about the types of decisions he had to make in regard to his sister’s care and how he had to take charge, interpret her needs, listen to the specialists and get outside opinions to make the best decisions for her. Later, Bob weighs in on how critical financial planning is for a family and some of the challenges that might arise when managing investments for families with a special needs person.

Big Three From Episode #016:

1. Be cautious
2. Be adversarial, when necessary
3. Be present

Time-stamped Show Notes:

2:00 – Robert shares the importance of his background and how it shaped the focus of his practice

15:14 – Robert discusses with Kirsten his key advice – the three B’s

16:30 – Kirsten and Robert highlight why the sibling may not be the best person to take care of a special needs sibling

17:07 – Robert shares how vital an attorney is in making decisions for a special needs child and the family

18:37 – Here’s how to incorporate a sibling into another special needs sibling’s future and life

19:40 – Robert talks about the team who is involved in “protecting” the special needs person

21:10 – Robert shares, from his experience, what types of tough decisions you have to make for a special needs person when you’re in charge

31:09 – Kirsten and Robert discuss how critical financial planning is to a family with special needs

33:10 – Robert shares the steps he takes to get a special needs family financially set up

39:43 – Robert discusses challenges that come up when managing investments for special needs families

Episode #016 Freebie: Tool – Planning for Children With Special Needs

Planning for a special needs child is a big job, and those faced with the task often face lots of challenges. For families struggling with such issues, a special needs trust could be the right answer. Absolute Trust Talk guest Robert McLalan is sharing with listeners a thorough resource tool called Planning for Children With Special Needs. This document offers the essential steps, processes, and options when it comes to preparing and executing a special needs trust. To find out if a special needs trust is right for your family, click here to access Planning for Children With Special Needs. 

Resources/Tools/Links Mentioned In This Episode:

ABLE Act

In episode 15 of Absolute Trust Talk, Kirsten welcomes financial planning and investment professional John O’Dea of Summit Financial Group to the show. John’s focus is the wealth accumulation and protection needs present for individuals who own and operate a business. He has over a decade of experience working to simplify investment, insurance, and succession planning concepts.

Kirsten and John start out by discussing how to begin business succession planning for parents who own a business and want to transition it to their children but may not have planned for it yet. The discussion then dives deep into analysis of each step – valuation of a business, what the parents need to retire comfortably, how to add other professionals into the mix, and how to make the process fair for children who might not work in the family business. 

Big Three from Episode #015:

1. Start with goals and objectives – normal planning goals and processes
2. Solve for what mom and dad need or must get
3. Then indicate key paths to take

Time-stamped Show Notes:

2:46 – John jumps right into discussing how he gets started when helping clients transition a business.

6:24 – John shares how vital the EBITDA/MEBITDA calculations factor into cash flow.

8:45 – Kirsten asks John to share what other surprises arise in this planning.

12:12 – What comes after figuring out what the parents must get in order to step away from the business?

16:25 – What happens if there is a gap between what a client wants vs. what value there really is in their business?

18:10 – John discusses how to close a gap ensuring that assets last as long as needed.

28:07 – John shares how to communicate or incorporate transitioning parties.

31:53 – What are the most common conflicts in this process?

38:45 – How exactly do you transition a company to a new generation?

43:09 – John shares a couple of other common surprises uncovered when doing the business transition and succession planning.

Episode #015 Freebie: The Retirement Income Challenge

Retirement is something that individuals and couples work their whole lives for. When you stop working, you still need to live – there are still monthly expenditures, but that paycheck disappears. In conjunction with this episode, Absolute Trust Talk guest John O’Dea shares a key tool that he uses in his practice, The Retirement Challenge white paper. This document helps prospective retirees understand some of the challenges they are up against and describes some of the strategies available to address these challenges. Click here to gain exclusive access to your own copy of The Retirement Challenge white paper.

Resources/Tools/Links Mentioned in This Episode:

Never Split the Difference: Negotiating as if Your Life Depended on It by Chris Voss and Tahl Raz