In this episode of Absolute Trust Talk, host Kirsten Howe welcomes estate planning specialist Janet Brewer to explore the unique challenges faced by immigrants and international families when planning for their future. Janet, with over 30 years of experience serving clients throughout Silicon Valley, brings her vast knowledge to address the specific concerns of non-resident aliens, visa holders, green card holders, and other international families with U.S.-based assets. As a member of the invitation-only Society of Trust and Estate Practitioners (STEP), Janet regularly prepares estate plans for foreign nationals who own property or live in the US and for US citizens who own property abroad. During this discussion, they examine the critical considerations for guardianship of minor children across international boundaries, practical solutions for emergency situations, and financial strategies to protect loved ones regardless of where they call home. The conversation highlights how international estate planning requires careful attention to both legal requirements and practical implementation across different jurisdictions.

Time-stamped Show Notes:

0:00 Introduction

3:41 Learn about the biggest concern for international clients: ensuring their children can return to family in their home country if something happens to the parents.

4:43 While California allows foreign guardians, it does vary by state.

6:40 Understand the critical distinction between technical jurisdiction and actual enforcement power when children leave California for another country.

7:54 Janet highlights that challenges with out-of-state guardianship exist even within the United States, creating similar concerns to those found in international guardianships.

9:41 Find out about temporary guardianship arrangements needed to bridge the gap when appointed guardians live far away.

11:51 Hear Janet's insightful perspective that international guardianship is "a question of degree, not difference" compared to distant domestic guardianships.

12:17 Start listening now to learn about potential complications when children are taken across borders without judicial approval.

14:31 Janet shares a clever software analogy to explain why trust documents need specific instructions for authorizing payments to guardians for travel expenses.

16:36 Discover why life insurance is a crucial financial solution for international families, providing quick liquidity without market timing concerns.

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.

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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.

In this episode of Absolute Trust Talk, host Kirsten Howe and associate attorney Jessica Colbert continue their discussion on estate planning during divorce proceedings with practical solutions. Following their previous episode on the potential problems that can arise if someone becomes incapacitated or dies during divorce, they now focus on preventative measures. The attorneys explain how to ensure your soon-to-be ex-spouse doesn't maintain control over your healthcare decisions or inherit your assets contrary to your wishes. They discuss the creation of new healthcare directives, powers of attorney, wills, and trusts—all while navigating the automatic temporary restraining orders (ATROs) that restrict asset transfers during divorce. This episode, part two of their divorce series, provides clear guidance on proper timing of estate planning updates during divorce to protect yourself legally before the process is finalized.

Time-stamped Show Notes:

0:00 Introduction

2:03 How to avoid having your spouse be responsible for you if incapacitated

2:26 Next, Kirsten and Jessica discuss options for those who have never created estate planning documents

2:48 What should you do if you already have documents naming your spouse?

3:16 Now, let's talk about how to prevent your spouse from inheriting if you die before the divorce is final

5:23 What are the next steps for clients who already have a joint trust with their spouse?

6:07 Let's clarify the importance of following trust-specific revocation methods and requirements during divorce

7:44 Finally, listen as Kirsten and Jessica talk about why accepting potential probate may be necessary and worth it

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.

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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.

In this episode of Absolute Trust Talk, host Kirsten Howe and associate attorney Jessica Colbert discuss critical estate planning considerations during divorce proceedings. They explore what happens if someone becomes incapacitated or dies while their divorce is still pending, revealing potentially unwelcome consequences if proper planning isn't in place. The discussion highlights how existing estate plans typically name a spouse as the primary decision-maker and beneficiary—a designation most divorcing individuals would want to change immediately. Without written estate plans, the situation becomes even more complicated, potentially requiring expensive and contentious conservatorship proceedings for incapacity or following intestacy laws upon death that would likely favor the soon-to-be ex-spouse. This episode, part one of a two-part series, emphasizes that you remain legally married until a judge finalizes your divorce, meaning all existing estate planning designations remain in effect unless proactively changed.

Time-stamped Show Notes:

0:00 Introduction

2:10 What happens if you become incapacitated during divorce with a written estate plan

2:52 The consequences of becoming incapacitated without a written estate plan during divorce

3:28 Brief explanation of the conservatorship process and why it should be avoided

5:03 What happens if you die before your divorce is finalized

5:12 Death without a written estate plan during divorce: intestacy and its complications

6:29 How existing written estate plans remain in effect until the divorce is finalized

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.

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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.

In this episode of Absolute Trust Talk, host Kirsten Howe examines the estate complications following Richard Simmons' death in July 2023. She details the ongoing legal dispute between Simmons' brother Leonard (named trustee) and Teresa, his housekeeper of 30 years who briefly served as co-trustee before a contested resignation. The conflict centers around approximately $1 million in personal property—primarily jewelry—that Teresa allegedly took when evicted from Simmons' home. While Teresa claims Simmons gifted her the jewelry in 2014, Leonard argues documentation proves otherwise. Kirsten extracts three valuable lessons: first, avoid naming co-trustees, especially in complex estates where a professional trustee would be more effective; second, document valuable lifetime gifts to prevent future disputes; and third, include specific provisions for non-owner residents in your estate plan to prevent eviction complications. This case study highlights how proper estate planning can prevent family conflicts, protect valuable assets, and ensure thoughtful treatment of longtime household members after death.

Time-stamped Show Notes:

0:00 Introduction

1:30 Meet the central figures in this estate drama: Teresa, the housekeeper, vs. Leonard, the brother.

2:05 From co-trustee to eviction, let's talk more about the shocking timeline after Simmons' death.

3:15 The million-dollar mystery: where did Richard Simmons' valuable jewelry disappear to?

4:20 Next, we'll discuss the number one estate planning lesson this case reveals: why co-trustees can transform estates into battlegrounds.

5:45 Estate Planning Lesson #2: Gifting jewelry? Why documentation might be your best accessory

6:30 And last but not least, estate planning lesson number three, the critical provision that could have prevented a housekeeper's

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
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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.

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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.

In this all-new episode of Absolute Trust Talk, Kirsten Howe and her associates, Jessica Colbert and Ariana Flynn, delve into the complex estate battle surrounding the late San Diego Padres owner, Peter Seidler. The MLB team finds itself at the center of a legal dispute as Seidler's wife, Sheel, contends with his brothers over control of the franchise. With allegations of breached trust, fraud, and self-dealing, the case highlights the intricacies of estate planning for high-net-worth individuals and the potential pitfalls of ambiguous or informal documentation. While largely speculation, the conversation also explores the crucial role of trustee selection and the challenges of navigating ownership agreements in the context of professional sports. Tune in for expert insights on safeguarding your legacy, minimizing the risk of litigation, and ensuring your estate plan is as airtight as your favorite team's defense.

Time-stamped Show Notes:

0:00 Introduction

1:08 To kick things off, let's dive into the complex estate battle of the late San Diego Padres owner, Peter Seidler. Listen in for a discussion of how Seidler's wife, Sheel, takes on his brothers in a heated legal fight to control the MLB team.

1:20 Breached trust, fraud, and self-dealing - the hosts break down the allegations and their implications for estate planning.

3:00 Next, let's examine the role of the Padres' "control person" and how it complicates the case and its potential outcome.

4:06 The function of a trustee is vital in estate planning. Here are some tips on how to avoid family feuds and ensure impartiality in estate administration.

7:05 Learn how Major League Baseball's unique ownership regulations can complicate estate planning for team owners.

7:59 Handwritten wills and informal estate documents: Why they often lead to legal disputes and how to avoid them.

9:12 Tune in now for what you need to know about recognizing the importance of following proper legal procedures to ensure estate plans are legally sound and enforceable.

10:36 Gain insights into how emotional reactions and unexpected human behavior can significantly impact estate disputes and learn strategies to mitigate these risks.

11:03 Key takeaways from the Padres' estate battle for creating effective and resilient estate plans.

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.

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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.

In this episode of Absolute Trust Talk, Kirsten Howe, managing attorney at Absolute Trust Counsel, and associate attorney Jessica Colbert examine the estate of beloved actor Gene Hackman. They meticulously analyze the available court records from Santa Fe County, New Mexico, and contrast them with California's probate procedures. The attorneys skillfully debunk sensationalized headlines about Hackman's will, explaining the mechanics of pour-over wills and why media claims about his children being "cut out" are potentially misleading. While much of the discussion is speculation, they provide valuable insights into how proper estate planning anticipates contingencies like beneficiaries predeceasing the trustor. This episode demonstrates why understanding the difference between public court filings and private trust documents is crucial for anyone planning their estate.

Time-stamped Show Notes:

0:00 Introduction

2:39 Unraveling the court filings: What exactly was submitted in Santa Fe County after Gene Hackman's death?

3:46 Who is Julia Peters, and how did she become the personal representative of Hackman's estate?

5:00 California vs. New Mexico: Next, let's dive into how "informal probate" creates a dramatically different process.

7:03 Separating fact from fiction: What headlines get wrong about Hackman's estate planning.

8:05 "His children are cut out." Here, Kirsten and Jessica debunk the sensational claims about Hackman's will.

10:00 The unexpected twist: What happens when a primary beneficiary predeceases the trustor?

11:44 The mysterious "GEBE" trust is revealed. Listen in as Kirsten and Jessica explore Hackman's power of appointment.

13:32 Why Hackman's true wishes may remain private forever - Unless litigation changes everything.

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.

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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.

In this episode of Absolute Trust Talk, host Kirsten Howe continues her valuation discussion with expert Alex Spaete from Bridge Forensic CPAs, exploring the intricacies of asset valuation. The discussion focuses on how privately held assets are valued, particularly examining discount factors applied to LLC interests based on control limitations and marketability constraints. Alex explains how family dynamics influence valuations, especially when implicit control exists despite limited ownership percentages. The conversation covers valuation approaches for unusual assets like promissory notes and accounts receivable, with Alex sharing real-world examples, including commercial rag manufacturing and Weather Derivatives. This show highlights why professional valuation expertise is essential when dealing with complex assets during estate planning, business transitions, or divorce settlements.

Time-stamped Show Notes:

0:00 Introduction

2:48 Diving back into the discussion, Alex breaks down the two main components of discounts: control factors and liquidity considerations that affect final valuations.

4:10 Here, we explore how operating agreements significantly impact valuation and what control considerations you should be aware of.

4:49 Gain insights on the fascinating impact of family dynamics on valuations, mainly how they come into play in divorce scenarios.

8:17 Find out whether the IRS requires taking discounts when available and the tax implications of valuation choices.

11:06 Alex explains the complexities of valuing promissory notes and how changing interest rates can dramatically affect their worth.

12:27 Before signing off, you must hear more about Alex's most interesting case studies, including an unusual rag-making business and complex weather derivatives.

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.

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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.

In this insightful episode of Absolute Trust Talk, host Kirsten Howe welcomes Alex Spaete, a valuation expert and partner with Bridge Forensic CPAs. In part one of their discussion, Kirsten and Alex explore the complex world of asset valuation, particularly focusing on closely held businesses and real estate holding partnerships. Alex explains why valuing private entities requires specialized expertise beyond what's needed for bank accounts or publicly traded securities. The discussion clarifies the critical distinction between owning a percentage of a business entity versus owning the underlying assets themselves. Alex details the two primary approaches to valuation—net asset value and income analysis—and how they apply to different types of business structures. Whether you're planning your estate or simply curious about business valuations, this episode provides valuable foundational knowledge about how professionals determine what complex assets are truly worth.

Time-stamped Show Notes:

0:00 Introduction

3:14 To kick things off, we talk about why asset valuation matters in estate planning, particularly for complex assets.

4:35 Next, Alex explains his focus on closely held companies and non-publicly traded entities.

6:24 Now, we will dive into common valuation scenarios, particularly for privately held businesses and real estate holding partnerships.

8:02 Listen here for an explanation of real estate holding partnerships and how they differ from direct property ownership.

11:07 Learn about understanding net asset value as a critical starting point for business valuation methodologies.

12:54 Discover the important concept of discounting in valuations and why the sum of parts may not equal the whole value.

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.

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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.

In this epi

In this episode of Absolute Trust Talk, host Kirsten Howe welcomes real estate expert Nathan Jines from Jines Real Estate Group, Keller Williams, to discuss the complexities of selling real estate in a probate or trust administration. When a homeowner passes away, managing the sale of their property presents unique challenges, from family dynamics to market positioning. Nathan shares firsthand insights on navigating these transactions while ensuring a smooth process for grieving heirs.

Key takeaways include the importance of professional guidance, how family relationships impact the selling process, and strategies for maximizing property value. Nathan also highlights real-world examples, including a recent case where pre-sale improvements increased a home's sale price by nearly double. If you're handling a loved one's estate or considering future planning, this episode provides invaluable insights on protecting assets and ensuring a successful sale.

Time-stamped Show Notes:

0:00 Introduction

0:36 Real estate expert Nathan Jines shares his experience in handling estate property sales and why the right professional guidance matters.

2:20 Next, Nathan discusses the emotional challenges of selling inherited property, including grief, sibling disputes, and decision-making struggles.

5:29 Listen to this case study, a real-life example of an estate sale where an executor struggled to find consensus with their siblings and how professional mediation helped.

12:12 Nathan explains how strategic pre-sale improvements can significantly increase a home's sale price, ensuring the best return for heirs.

19:08 Kirsten and Nathan share insights into what today's buyers are looking for and how estate sellers can position their properties for success.

21:52 Did you know about these legal disclosure requirements and how cultural beliefs can impact the buyer pool?

26:49 Final Advice for Executors and Trustees: Nathan and Kirsten share their top recommendations for handling estate real estate sales smoothly and efficiently.

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.

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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.

Few things are as nerve-wracking as receiving an IRS audit notice—but how do audits really work, and what can you do to protect yourself? In this episode of Absolute Trust Talk, Kirsten Howe sits down with Anthony Kim, a former IRS Chief Counsel Attorney with 26+ years of experience, to reveal the truth behind IRS audits. Tony, who has litigated complex tax cases for the U.S. Treasury Department and represented Fortune 500 companies and high-net-worth individuals at Ernst & Young, shares insider knowledge on what triggers audits, the IRS selection process, and how to avoid common red flags. You'll learn why IRS audits are rarer than you think, the top mistakes taxpayers make, and why choosing the right representative—CPA or tax attorney?—could make or break your case. Plus, Tony drops a little-known IRS tip that could save you from missed notices and financial headaches. Don't leave your financial future to chance! Listen now to get expert advice on navigating an IRS audit with confidence.

Time-stamped Show Notes:

0:00 Introduction

0:57 Meet Anthony Kim: Former IRS Chief Counsel Attorney & tax expert

3:42 What triggers an IRS audit? Common red flags explained.

6:28 Whistleblower reports and third-party mismatches—how they lead to audits

7:46 The truth about audit risk: How rare are they, really?

8:43 Step one: How the IRS contacts you—don't fall for scams!

10:00 The one IRS form every taxpayer should file after moving

11:00 The biggest mistake taxpayers make—what NOT to say in an audit

15:32 The worst-case audit scenarios and how to avoid them

16:49 Why even a low-risk audit could turn into a criminal case

17:24 Who should represent you in an audit? CPA vs. tax attorney debate

21:38 What happens at the end of an audit—how decisions are made

22:47 How to challenge an IRS audit decision and file a protest letter

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.

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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.