Podcasts about trust administration

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Best podcasts about trust administration

Latest podcast episodes about trust administration

Absolute Trust Talk
180: Divorce in Progress: Safeguarding Your Estate Plan Before It's Final (Part 2)

Absolute Trust Talk

Play Episode Listen Later May 9, 2025 9:15


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

Absolute Trust Talk
173: Stop Family Feuds: Expert Tips for Probate Real Estate Sales

Absolute Trust Talk

Play Episode Listen Later Mar 12, 2025 24:00


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.   

The Flip Empire Show
EP781: Gain Real Estate Riches in Probate Niches - Al Nicoletti

The Flip Empire Show

Play Episode Listen Later Jan 20, 2025 43:54


Looking to add probate to your investing toolbox? Al Nicoletti shares his step-by-step blueprint for navigating this niche. From identifying leads to closing deals, these proven strategies and checklists will help you make probate your next big win. So, if you're ready to level up your real estate game, this is the episode for you.   KEY TAKEAWAYS What is probate, and how it works? Al's checklist-driven approach and efficient systems ensure fast and smooth probate resolutions. Key mistakes to avoid and underestimating the importance of communication with heirs How to identify probate leads, vet their potential, and partner with the right experts to navigate complex cases Benefits of partnering with experienced probate professionals TWEETABLE “When you get into deals, you have to get with the right people and the right experts, and you have to check your numbers and your steps." - Al Nicoletti ABOUT AL NICOLETTI  Al Nicoletti is a Florida Probate Attorney. He has carved out a unique niche in solving simple and complex probate matters that once stalled real estate deals. He developed a strategy to structure probates so they are fast, efficient, and done right. Al's law practice is strongly focused on Probate, Quiet Title, Partition, Trust Administration, and Real Estate Litigation. He has a no-nonsense approach and is dedicated to positive quality results. The Law Offices of Al Nicoletti work with real estate investors, real estate agents/brokers, and other real estate professionals. Al's success has been driven by the desire to serve each client with the attention they deserve, going above and beyond to find the most creative solutions, even if it takes an extra trip to the courthouse to see a Judge. In addition to managing his law practice, Al has a live weekly podcast show is an educational speaker, influencer, and social media content creator. Al enjoys traveling the State of Florida, speaking at real estate investor association meetings, boot camps and masterminds to educate audiences on unique real estate niches.   CONNECT WITH AL Website: Al Nicoletti, Esq. Instagram: @attorneynicoletti YouTube: Al Nicoletti Facebook: Law Offices of Al Nicoletti  Phone number: 904-999-0053

Absolute Trust Talk
163: Courthouse Confessions: Inside Trust and Estate Litigation

Absolute Trust Talk

Play Episode Listen Later Dec 30, 2024 8:54


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.

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

Absolute Trust Talk

Play Episode Listen Later Dec 13, 2024 16:53


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.

Off The Wall
The Sandwich Generation: Protecting your Parents' Assets and Your Inheritance with Catherine F. Schott Murray

Off The Wall

Play Episode Listen Later Nov 2, 2024 49:09


Aging parents present unique challenges, especially for the sandwich generation, who juggle caring for their parents while raising their own children.    In this episode of Off the Wall, Dean Catino, CFP®, CPWA, and Jessica Gibbs, CFP® speak with Catherine F. Schott Murray, a Shareholder and expert in Estate Planning, Tax, Estate and Trust Administration, and Elder Law at Odin, Feldman, & Pittleman. They discuss the critical importance of starting conversations about estate planning, navigating legal considerations for parents with diminished capacity, and the role of trusts in asset protection. The episode also covers healthcare directives and the necessity of a clear plan for end-of-life decisions.    Listeners will learn about protecting loved ones from financial exploitation and the legal complexities that effective estate planning can address. Cathleen Phelps, and Cecelia Gilliam from our Client Experience team join the later-half of the conversation to share stories and discuss the need for proactive planning, open communication among family members, and building support systems during this challenging time.    Having a team in place to help you navigate the overwhelm of trust and estate planning is more powerful than you think. Listen in to learn the benefits of working with a wealth advisor, attorney, and accountant to reduce anxiety and guide you through the process of caring for aging parents.    “Once you begin you are closer to the end than had you not begun at all… There's a hurdle that people have to overcome to start these conversations, but once you start the conversation, it tends to be amazing how much people will be open about it.” – Catherine F. Schott Murray    Episode Timeline/Key Highlights:  Part 1:  [01:01] Introducing Catherine & the topic of today's episode.  [03:16] How do I start the conversation with my parents about estate planning, assets, end of life wishes, and long-term care?  [09:33] Safeguards to put in place before your aging parents' decision-making ability becomes impaired.  [11:19] Are there tax implications for being a co-trustee with my parent(s) on their trust?  [12:14] How to protect your parents' house as an asset.  [15:19] Avoiding probate & Reasons not to create a trust for your parents.  [19:13] Living Wills & Advanced Medical Directives: What families should know about assigning healthcare proxies or powers of attorney.  [25:15] How long does it take to go through the estate planning process?  [27:29] How to protect your parents from elder fraud.    Part 2:  [33:15] Meet our Client Experience Team: Cathleen Phelps & Cecelia Gilliam.  [33:39] Estate planning steps you don't want to miss.  [38:01] What to do after your parent passes away.  [42:24] Advice for people in the sandwich generation.  [45:15] Collaborating with Siblings in Caregiving    [35:16] Resources + How to connect with Catherine.    Please see important podcast disclosure information at https://monumentwealthmanagement.com/disclosures.      Resources Mentioned:  Listen to our episode about Caring for Aging Parents: https://bit.ly/agingparentsepisode  Guide to Caring for Aging Parents: https://bit.ly/4hudfVK  Estate Planning | How to Evolve Your Plan When the Rules Keep Changing: https://bit.ly/3KD1dut  National Elder Fraud Hotline: 833-FRAUD-11 (833-372-8311)  Catherine's blog: http://www.beginthebegin.com/about-us/  [NPR] How to prepare for the death of a parent - A checklist: https://www.npr.org/2023/09/25/1199885811/how-to-talk-to-your-parents-about-their-money   Subscribe to our blog: https://bit.ly/MonumentWealthBlog  Subscribe to Monument #Unfiltered: https://bit.ly/monumentunfiltered    About Catherine F. Schott Murray:  Begin the Begin - Once you begin you are closer to the end than had you not begun at all. With that statement, Catherine F. Schott Murray appreciates that every client's situation is unique and requires solutions that are adapted to their particular needs, goals, and objectives once the planning process has begun. She takes the time to carefully listen to her clients and discuss decisions that are not always straightforward, ultimately reaching an appropriate resolution that is pertinent to each client. Catherine is professional, yet compassionate, while carefully explaining complex matters during potentially trying times.    Catherine's practice focuses on trust and estate planning as well as business planning. She advises clients with respect to the creation and implementation of simple and complex estate plans, including incapacity planning; elder law; guardianships and conservatorships; special needs trusts; health care decision making; estate and trust administration; probate administration; wealth preservation; asset protection; entity formation and maintenance, gift, estate and generation-skipping transfer tax planning; charitable planning; irrevocable trusts; donor advised funds; private foundations; family limited partnerships; and limited liability companies.    Prior to joining the firm, Catherine assisted individuals with estate planning and Medicaid planning as well as represented lenders and closely held companies in commercial and financial transactions, commercial lease negotiations, mergers and acquisitions, bankruptcy, commercial litigation, and collections. Catherine has been an active member of the National Academy of Elder Law Attorneys (NAELA) and served on the Board of Directors of the Virginia Chapter (VAELA) of NAELA for more than a decade, including time spent as the organization's President.     Catherine gives back to the community through her involvement with the Community Foundation for Northern Virginia (CFNOVA) in which she has served on the Board of Directors, including as the Board Chair. Outside of the office, Catherine volunteers her time with her children's school and enjoys road trips with her family.    Connect with Catherine on LinkedIn: https://www.linkedin.com/in/catherine-f-schott-murray  Visit her website: https://www.ofplaw.com/attorney/schott-murray-catherine-f    Connect with Monument Wealth Management:  Visit our website: https://bit.ly/monumentwealthwebsite   Follow us on Instagram: https://bit.ly/MonumentWealthIG   Connect on LinkedIn: https://bit.ly/MonumentWealthLI   Connect on Facebook: https://bit.ly/MonumentWealthFB   Connect on YouTube: https://bit.ly/YouTubeMWMFit  Subscribe to Monument #Unfiltered: https://bit.ly/monumentunfiltered    About “Off the Wall”:  OFF THE WALL is a podcast for business professionals and high-net-worth investors who want to build wealth with purpose. A little bit Wall Street, a little bit off-the-wall; it's your go-to for straightforward, unfiltered wealth advice on topics that founders, business owners, and executives care about.    Learn more about our hosts, Dean and Jessica, and featured team members on our website at https://monumentwealthmanagement.com. 

Parenting Impossible – The Special Needs Survival Podcast
255: All About Trustees: Navigating the Ins & Outs of Special Needs Trust Administration

Parenting Impossible – The Special Needs Survival Podcast

Play Episode Listen Later Oct 31, 2024 58:30


Understanding the administration of special needs trusts can make a world of difference for people with disabilities, providing them with financial stability and peace of mind. These trusts—like third-party and first-party trusts—come with specific rules that trustees must follow to ensure the beneficiary can keep accessing essential public benefits. In this episode of Parenting Impossible, I talk about the importance of building a solid relationship between trustees and beneficiaries. Understanding the basics of trust administration is valuable for everyone—not just those currently acting as trustees. I also stress how crucial it is to use clear, precise language and to accurately identify beneficiaries in trust documents. These details are essential to ensuring that beneficiaries keep access to the public resources they rely on. If you're ready to take control of your trust administration knowledge and make a lasting impact, register for my Special Needs Advocacy and Planning Masterclass. This provides the tools and guidance you need to create a comprehensive life plan with confidence. In this episode, you will hear: Learn the difference between third-party and first-party special needs trusts. What factors trustees should consider when making distribution decisions within special needs trusts. What responsibilities trustees have when managing special needs trusts. How trustees can protect the beneficiary's public benefits within special needs trusts. Why it is essential for trustees to consult with professionals and understand tax implications. Resources from this Episode: Register for the Special Needs Advocacy and Planning Masterclass   Engage with us: Join our community: Circle of Care Visit:  https://annettehines.com Read Butterflies and Second Chances LinkedIn: @annette-hines-snc  Instagram: @parentingimpossible Facebook: @SpecialNeedsCompanies Twitter: @SpecialNeedsCo   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 second and it helps spread the word about the podcast.  

Thriving Musician Podcast
Ep. 89: California attorney provides estate planning with heart

Thriving Musician Podcast

Play Episode Listen Later Oct 26, 2024 37:44


Patricia De Fonte is an estate planning attorney and the founder of De Fonte Law PC, a boutique estate planning firm that works with clients over Zoom all over California. She started the firm to offer what she thinks of as estate planning with heart. She wanted to create a better experience for her clients to preserve family harmony, empower their heirs, and thoughtfully reflect their values. Her dedication to estate planning and her clients has led her to receive the honor of being selected to the 2021 San Francisco Super Lawyers list, and she recently won the 2021 BBB Torch Award for Ethics in the San Francisco Bay Area. When obtaining her LL.M. in Estate Planning, Probate and Trust Administration from Golden Gate University, the federal exclusion rate (the amount of money you can have before federal taxes apply) jumped to $23 Million. Not many people have anywhere close to that amount of money. Her professors quickly changed the conversation from TAX TAX TAX to help the client in every way possible – by reviewing their insurance, by making sure they have terrific financial advisors and CPA's, and by helping them create plans that let their personalities and goals for their loved ones shine through. Golden Gate University has social justice as a core mission, and at her firm it is a core value. Estate planning is intellectually stimulating and emotionally satisfying. She loves what she does! When she is not working at the firm, you will most likely find her reading the New Yorker in her backyard under her lemon tree, on vacation, watching zombie shows, or spending time with family and friends. Clients and friends have told her that she's naturally warm and relatable. She will treat you as one of her own until Cards Against Humanity comes out, then all bets are off. www.motifplanning.com/ep-89

Absolute Trust Talk
150: Third-Party Trustees: A Smart Choice for Your Estate Plan?

Absolute Trust Talk

Play Episode Listen Later Sep 26, 2024 10:06


In this episode of Absolute Trust Talk, Kirsten Howe and associate attorney Jessica Colbert continue their in-depth discussion on selecting a successor trustee, with a focus on third-party options. They explore key considerations when choosing a licensed professional fiduciary, breaking down the advantages and potential drawbacks of this option. Additionally, they provide insights into other alternatives, such as corporate trustees. Whether you're making this decision for the first time or revisiting your estate plan, this episode offers practical advice to help you choose the best trustee for your unique needs. Tune in now for expert guidance!   Time-stamped Show Notes: 0:00 Introduction 0:40 What is a Third-Party Trustee? Kirsten and Jessica explain the role of third-party trustees, focusing on licensed professional fiduciaries and why they might be a great option for your estate plan. 1:53 Curious about the advantages of naming a licensed professional fiduciary as your trustee? This segment highlights the key reasons why it could be the right choice for you. 4:19 Every option has pros and cons—here's what you need to consider when thinking about selecting a licensed professional fiduciary. 5:48 If family members or third-party trustees aren't ideal, there's another route: corporate trustees. Learn why this might be a good alternative. 8:43 Key Takeaways in 60 Seconds: Pressed for time? Get the most important advice from this episode in just one minute.

Absolute Trust Talk
149: Choosing a Child as Your Successor Trustee: Key Factors to Consider

Absolute Trust Talk

Play Episode Listen Later Sep 16, 2024 8:14


Are you considering naming a child as your successor trustee? In this episode of Absolute Trust Talk, host Kirsten Howe and associate attorney Jessica Colbert explore the pros and cons of selecting a child for this crucial role. They break down key factors, including whether to name one child or multiple children as co-trustees, and the potential challenges that can arise, from sibling dynamics to administrative complexities. Tune in to gain valuable insights and ensure you make an informed decision about your trust's future.   Time-stamped Show Notes: 0:00 Introduction 1:45 What's better—naming one or multiple children as your successor trustee? We discuss the pros and cons, starting with the advantages of naming just one child. 3:40 There are potential downsides to naming a child as your successor trustee. 5:42 After discussing the issues with naming just one child as trustee, here's what to consider when naming multiple children as co-trustees. 6:55 Can siblings truly collaborate effectively as co-trustees? Hear our thoughts in this segment.

Absolute Trust Talk
146: Trustee and Executor Responsibilities: Best Practices and Pitfalls Part 3

Absolute Trust Talk

Play Episode Listen Later Aug 28, 2024 6:16


Navigating estate planning as a surviving spouse can be complex, especially when dealing with the intricacies of an A-B trust. In this episode of “Trustee and Executor Responsibilities: Best Practices and Pitfalls,” Kirsten Howe and associate attorney Jessica Colbert focus on the A-B Trust—an estate planning tool that was once commonly used to minimize estate taxes but is often misunderstood today. They explain what an A-B Trust is, why it's important to address the trust split promptly after a spouse's passing, and the complications that can arise if it's delayed. Whether you're a trustee, executor, or simply looking to better understand how to protect your assets, this episode offers clear, practical advice to guide you through the process. Tune in to learn the essential do's and don'ts for surviving spouses handling an A-B trust.   Time-stamped Show Notes:   0:00 Introduction 1:11 Curious about how an A-B Trust works? Press play here for a straightforward explanation. 1:52 Did you know an A-B Trust might not be the best tool for avoiding estate taxes? 3:14 Ever heard of a “stale trust”? This is what happens when you wait too long to address your trust after a loved one passes. 4:14 If you have an A-B Trust, splitting it when your spouse passes is required—but there is a potential workaround. Learn more here.

Off The Clock
Taxes and Administration

Off The Clock

Play Episode Listen Later Jul 31, 2024 13:11


Administration is the area of our practice that helps families settle the matters of their loved ones who have passed away. During this stressful and emotional time, a decedent's important people are oftentimes uncertain of their role as Executor and Trustee, in most cases, because they've never done the job before. Just like hiring legal counsel, families receive an abundance of help from their accountant during this process. Tiffanie Araya, Owner and CPA at Araya Tax and Accounting Services, P.A. is our guest to prove the value an accountant brings to the Estate and/or Trust Administration process.

Absolute Trust Talk
142: Navigating Trust Administration with Real Property

Absolute Trust Talk

Play Episode Listen Later Jul 30, 2024 18:12


Navigating the administration of a life estate trust with real property can be a complex task. In this episode of Absolute Trust Talk, Kirsten Howe is joined by Karen Fisher and Kathy Rodriguez of Bishop Fiduciary Services to delve into the intricacies of life estates involving real estate. They cover the unexpected responsibilities of a trustee, strategies for properly dividing assets, and essential tips to set up your trust for success if you own property. Whether you're crafting your estate plan, managing one for someone else, or potentially inheriting one, this episode is packed with valuable insights you won't want to miss.   Time-stamped Show Notes:   0:00 Introduction 2:36 Being a trustee comes with a wide range of responsibilities. One important aspect is to examine the terms of the trust to determine what the life estate beneficiary and trustee are responsible for. It's also very important to consider liquidity. 7:58 What if a beneficiary wants a portion of the trust to go toward their inheritance? Short answer: Trust the trust. 10:30 Many questions and concerns about the property can be eliminated by one action: Getting an appraisal. 11:30 Interested in the appraisal process? Tune in now as Karen and Kathy break it down for us. 16:45 We asked our guests what they wished their client's trust included. Here's what our experts had to say about trust inclusions.   17:52 Karen's time- and money-saving advice: Don't wait to downsize. 19:00 Thank you to our amazing guests, Kathy and Karen, for sharing such great insights with us!

Trust Me
Risk Mitigation Strategies for the Successor Trustee

Trust Me

Play Episode Listen Later Jun 24, 2024 37:47


There are many things to consider when choosing a trustee or successor trustee for a trust. The trustee will face a number of challenges over the course of their service and will need to plan ahead to avoid the inevitable pitfalls.  In this episode of Trust Me!, we discuss a proactive plan for a trustee to successfully administer a trust, and an overview of primary things to consider to mitigate the risk of adverse action against a trustee. About out Guests: Herbert A. Stroh, Esq. is a partner at McCormick and Barstow in San Luis Obispo, California, where he assists clients in trust and estate litigation, administration, planning, and conservatorships. He has also served as a mediator in trust and estate disputes. Josh Yager, Esq., CFP is the managing partner of Anodos Advisors, a fiduciary consulting firm in Santa Barbara, California, where he is a recognized content expert on the issues of fiduciary duties relating to the management and oversight of trust assets. About Our Host:Daniel C. Lorenzen is a partner in the Los Angeles office of Venable LLP, where he advises  individuals, families, and closely held businesses that have contacts in California, the United States, and around the world. He advises clients on all of the traditional tools of wealth planning, with an eye for holistic planning to minimize federal, international, state, and local taxes.Thank you for listening to Trust Me!Trust Me is Produced by Foley Marra StudiosEdited by Todd Gajdusek

OnlyLandFans Podcast
Leveraging Probate to Build Your Investment Portfolio

OnlyLandFans Podcast

Play Episode Play 49 sec Highlight Listen Later May 15, 2024 52:24


This week, we are thrilled to host Al Nicoletti, a renowned probate attorney with a wealth of knowledge on navigating the complexities of probate real estate.Join us as Al delves into the intricacies of leveraging probate properties to enhance your investment portfolio. Discover the secrets to identifying undervalued probate properties, understand the legal framework, and learn the strategies that can set you apart in the land flipping market. Al will provide actionable advice on how to efficiently process probate deals, overcome common challenges, and capitalize on opportunities that many investors overlook.Whether you're a seasoned investor or just starting out, this episode is packed with valuable insights that will help you unlock the potential of probate real estate. Don't miss out on learning how to turn probate properties into profitable investments with expert guidance from Al Nicoletti on OnlyLandFans!Enjoy the show!Al Nicoletti is a Florida Probate Attorney extraordinaire. Al has carved out a unique niche in solving simple and complex probate matters that once stalled real estate deals. He developed a strategy to structure probates so they are fast, efficient, and done right.Al's law practice is strongly focused on Probate, Quiet Title, Partition, Trust Administration,Mortgage Foreclosure Defense, and Real Estate Litigation. He has a no-nonsense approach and is dedicated to positive quality results. The Law Offices of Al Nicoletti clients include real estate investors, developers, agents/brokers, estate executors, heirs, and more.In addition to managing his law practice, Al hosts a live weekly podcast, is an educational speaker, and content creator. Al enjoys traveling nationwide to speak at real estate investor association meetings, boot camps, and masterminds to educate audiences on the potential of probate real estate.For more information on Al, you can check him out here:Facebook: Alan NicolettiInstagram:  @attorneynicoletti◽️◽️◽️◽️◽️◽️⬇️OnlyLandFans Group⬇️https://www.onlylandfans.com/◽️◽️◽️◽️◽️◽️LET'S CONNECT ON SOCIAL:Website: https://www.Kendall-LeJeune.comInstagram: https://www.instagram.com/kendall_lejeuneTikTok: https://www.tiktok.com/@kendall_lejeune

Trust Me
The Magic of the Trust and Estate Mediation Process

Trust Me

Play Episode Listen Later Apr 29, 2024 33:27


In this episode of Trust Me!, Bette Epstein discusses the magic of the trust and estate mediation process to informally resolve disputes, which includes party engagement, active listening, patience and problem solving. About Our Guest:Bette Epstein is a mediator, arbitrator and referee with ADR Services, Inc.  Ms. Epstein has been mediating trust and estate disputes since 2000.  Following a remarkable career as a trust and estate litigator, she turned her focus to alternative dispute resolution 24 years ago and has been helping parties settle their disputes since. Ms. Epstein is located in Northern California and mediates disputes virtually throughout California.bepstein@adrservices.comhttps://betteepstein.com/About Our Host:Kristin Yokomoto is a partner at Baker & Hostetler LLP in Costa Mesa, California and focuses on tax and estate planning for high-net-worth individuals, trust administration and probate. She is a Fellow of the American College of Trust and Estate Counsel and the American Bar Association. Ms. Yokomoto is a member of the Executive Committee of the California Lawyer Association's Trusts and Estates Section.kyokomoto@bakerlaw.comThank you for listening to Trust Me!Trust Me is Produced by Foley Marra StudiosEdited by Todd Gajdusek

Absolute Trust Talk
130: Exploring the OJ Simpson Estate: Probate and Creditor Claims

Absolute Trust Talk

Play Episode Listen Later Apr 23, 2024 11:33


You know of the infamous murder trial involving OJ Simpson and the Goldman and Brown families that took place in the 90s. And in case you happened to miss the news, Simpson passed away recently, stirring up the family conflicts all over again. Here at Absolute Trust Talk, we have an affinity for celebrity estate drama, mainly because of the important estate planning lessons we can take away. While the exact details of OJ's estate structure remain unknown, the estate will probably undergo probate due to the presence of creditors. Listen in as we cover all the details we know so far and share some essential estate planning wisdom with you along the way. Time-stamped Show Notes: 0:00 Introduction 1:23 Here's what we know about the executor handling OJ Simpson's estate and the public statement made. 3:35 Next, we're summarizing the current legal tension with the Goldman family. 5:33 The Goldmans want their rightful payout from the Simpson estate. However, much of his assets are tied up. 7:36 Listen in as we discuss what it means to go through the probate process and the executor's role. 8:55 When divvying up money from an estate, the probate expenses and executor must first be paid, as well as super creditors like the IRS.

Trust Me
Let's Get Direct about CA Directed Trusts!

Trust Me

Play Episode Listen Later Mar 25, 2024 31:22


California just passed a directed trust statute! In this episode of Trust Me!, Michael Rosen-Prinz and David Khanjyan will go over the basic structure of a directed trust, along with the specifics of California's new directed trust statute.About Our Guests:Michael Rosen-Prinz is a partner at Loeb & Loeb LLP (Los Angeles office). Michael maintains a broad trusts and estate practice, including wealth transfer planning, planning for family governance and business succession, cryptocurrency and QSBS planning, and estate, gift and generation-skipping transfer tax matters. Michael also has deep experience forming and operating single family offices and private trust companies; advising on governance, succession, tax, regulatory and operational issues. In addition, Michael devotes a substantial portion of his practice to cross-border planning for domestic and international families. In this area, he advises clients on foreign trusts, pre-immigration planning and expatriation, as well as inbound and outbound investments and compliance matters related to structuring investment vehicles in the U.S. and internationally. Michael is also a member of TEXCOM. Michael can be reached at: mrosenprinz@loeb.comDavid Khanjyan is an associate at Loeb & Loeb LLP (Los Angeles office). He advises clients on the domestic and international aspects of income, estate and gift tax planning. He works with U.S. and non-U.S. individuals, families, trustees and businesses with multijurisdictional issues to structure tax-efficient plans. David is a member of the Pro Bono Committee and helps orchestrate various pro bono projects throughout the firm. He also is a member of the Armenian Professional Society and was a graduate editor of the Tax Law Review at NYU School of Law. David can be reached at: dkhanjyan@loeb.comAbout Our Host: Host Anna Soliman is Trust Counsel and Managing Director for Fiduciary Trust International of California out of the Los Angeles Office. Prior to joining Fiduciary Trust International, Anna was an estate tax attorney for the Internal Revenue Service and also worked in private practice, specializing in estate planning and trust administration for ultrahigh net worth individuals. She is also a TEXCOM member and is involved with the Fiduciary Income Tax Section of the American Bar AssociationThank you for listening to Trust Me!Trust Me is Produced by Foley Marra StudiosEdited by Todd Gajdusek

Absolute Trust Talk
123: Why Can't I Change My Trust After My Spouse Passes Away?

Absolute Trust Talk

Play Episode Listen Later Feb 21, 2024 24:27


At Absolute Trust Counsel, one of the pieces of advice we like to shout from the roof tops is that people need to keep their estate plans up to date! We constantly find people who fail to do so. In many cases, we can fix the challenges that arise, but sometimes, it may not be possible, and we must navigate a more difficult path. In this specific episode, we are going to focus on AB Trusts and the issues that typically arise. It happens more than you might think - often, when a spouse dies, the widow(er) later finds out their joint trust is set up in a way that requires them to split the trust in two. This type of trust, which we call an AB Trust, was the standard practice until 2013, and it was used to avoid the need to pay estate taxes, which worked out perfectly. However, when the government gave us portability, things changed. When we uncover AB Trusts, it tends to mean that the client will spend A LOT of extra time and money managing the split and maintaining the additional trust moving forward. So, if you're a married couple out there who had your estate plan written before 2013, we're talking to you! It's time to get your estate plan out, take it to an attorney, and make sure it still works for you! And, if you're a widow or widower who hasn't met with an attorney yet, we highly recommend you do so now to ensure you're not behind on taking specific actions. “It's always better to pay your lawyer to do a plan than to pay them to fix a failure to plan afterward. Fixing is always more expensive.” In this episode of Absolute Trust Talk, Kirsten and Madison share everything you need to know about AB Trusts, including: The deeper complexities of AB Trusts, such as how they work and why we have them in the first place, Your options if you find out you have an AB Trust after your spouse passes, What filing a petition for modification of your trust looks like, Why petitioning the court doesn't always work, depending on your heirs, The importance of talking to your attorney and keeping your trust up to date And much more! Whether you're just beginning to dip your toe into estate planning, are considering updating your trust, or have recently found out you're stuck with an AB Trust, this podcast is for you. No matter where you are in your journey, knowledge gives you the power to take control of your assets and helps protect your family in the future. So don't miss out! Tune in for the ultimate estate planning advice NOW!

Absolute Trust Talk
121: What Happens When a Trustee, Executor or Beneficiary Dies?

Absolute Trust Talk

Play Episode Listen Later Jan 29, 2024 25:34


If you've been following along with our show, you know that we can't stress enough the importance of estate planning and setting up a trust to make things simple, cost-effective, and less time-consuming for your heirs. But even with the most comprehensive and well-thought-out estate plan, wrinkles can be thrown into the plan. It's a lot of information for all parties involved to consume, and there are many moving parts. One curveball we've seen a few times before is a beneficiary, trustee, or executor dying before the will or trust is enacted. Everyone tuning in to this podcast has probably given at least some thought as to who their assets and possessions will go to when they're gone. But what if that person also passes? Who gets the money then? Being as transparent as possible in your estate planning documents is critical. If you haven't revisited them in a while to answer these types of questions, take this episode popping up in front of you as your sign! And, if you don't have a plan, there's no time like the present to get started. “The takeaway is to be as clear as possible in your estate planning documents. Make sure you have a few people listed as successor trustees or executors if that's something you haven't thought of before. I recommend having someone listed who will name a fiduciary later.” In this episode of Absolute Trust Talk, Kirsten and Madison are diving into details, discussing what needs to be done to get a case back on track and, most importantly, what you can do now to help ensure your trust administration is a smooth process should this happen to your family or loved ones. Together, we will discuss: How the results and process are different depending on whether it's a beneficiary, trustee, or executor who dies, Specific details that may alter how the situation is handled, such as whether the deceased beneficiary was single or married, How to prevent complications such as repeat probate processes, Why your estate plan isn't something you just set and forget, and why it should be as detailed as possible, And much more. If you have difficulty understanding the ins and outs of the estate planning world, and more specifically, trust administration, you're not the only one. And you don't have to go at it alone either! So sit back and listen as we cover common and uncommon scenarios regarding a beneficiary, trustee, or executor passing away. You don't want to miss out!

The Fearless Mindset
Episode 189 - The Unhappiest Place on Earth: Probate Court with Sherry Lund (Part 2)

The Fearless Mindset

Play Episode Listen Later Jan 2, 2024 39:31


In this episode of the Fearless Mindset Podcast, Mark Ledlow delves into the heart-wrenching tales and advocacy work of Sherry Lund, uncovering the hidden atrocities within the legal system. Sherry shares her family's harrowing experiences dealing with judges, attorneys, and fiduciaries manipulating the system for financial gain. She sheds light on the flawed court processes denying constitutional rights, leading to victims losing their freedom and assets. Discover the devastating impact on families, the fight for justice, and the urgent need for legal reforms to protect individual rights.KEY TAKEAWAYSBroken Legal Processes: Explore how judges, attorneys, and fiduciaries exploit loopholes, violating constitutional rights.Family Devastation: Hear stories of families torn apart, denied access to loved ones, and stripped of assets under false pretenses.Advocacy for Change: Learn about Sherry's advocacy efforts, collaborating with politicians and organizations to highlight systemic issues and advocate for legal reforms.Protecting Rights: Understand the importance of robust estate planning to safeguard individual autonomy and prevent abuse by legal entities.Seeking Accountability: Discuss the necessity for investigations to hold accountable those who manipulate the legal system for personal gain.QUOTES"It's not your duty to tell the person their rights. Whose duty do you think it is? It's your duty. You're the finder of facts. You're the one that decides if a person loses their freedom and their property.""They're so greedy they don't mind destroying another person. They don't care that Michelle loves her family as long as they can control her market volatility.""You don't want them to be a trustee. So, I hear all kinds of things. I help people every day with their updates."Get to know more about Sherry Lund:LinkedIn: https://www.linkedin.com/in/sherry-lund-606a068/Check out Sherry's story of the battle involving her family's estate posted in Fox News.https://www.foxnews.com/opinion/courts-handle-death-mess-walt-disneys-grandson-fairy-taleTo hear more episodes of The Fearless Mindset podcast, you can go to https://the-fearless-mindset.simplecast.com/ or listen to major podcasting platforms such as Apple, Google Podcasts, Spotify, etc. You can also subscribe to the Fearless Mindset YouTube Channel to watch episodes on video.

The Fearless Mindset
Episode 186 - The Unhappiest Place on Earth: Probate Court with Sherry Lund (Part 1)

The Fearless Mindset

Play Episode Listen Later Dec 12, 2023 37:56


In this episode of the Fearless Mindset Podcast, host Mark Ledlow interviews Sherry Lund, an expert in probate and family estate management, and the President of Celebration Stem Cell Centre. Sherry shares her compelling journey of facing legal battles involving her family's estate, particularly the challenges, corruption, and manipulation within the probate court system. From battling for family legacies to advocating for legislative change, Sherry sheds light on the intricacies of probate law and its impact on family assets, freedoms, and the struggle for justice.Learn about all this and more in this episode of The Fearless Mindset Podcast.KEY TAKEAWAYSProbate and Legal Battles: Sherry Lund narrates her family's heartbreaking experience with probate court battles, emphasizing the complexities, manipulation, and corruption within the system.Family Legacy Protection: Understanding the importance of setting up trusts, appointing trustees, and safeguarding family assets to avoid exploitation and legal disputes.Advocacy for Legislative Change: Sherry's relentless advocacy for legal reform, highlighted by her efforts to draft bills and engage with lawmakers to protect people's rights and ensure fair treatment in probate court.QUOTES"The judges, attorneys, fiduciaries, everybody works together, and the object of the game is to let these attorneys make as much money off of these cases as they can.""Family should be able to take care of family members; family should be able to protect the family assets and not let some strangers steal it."Get to know more about Sherry Lund:LinkedIn: https://www.linkedin.com/in/sherry-lund-606a068/Check out Sherry's story of the battle involving her family's estate posted inFox News.https://www.foxnews.com/opinion/courts-handle-death-mess-walt-disneys-grandson-fairy-taleTo hear more episodes of The Fearless Mindset podcast, you can go to https://the-fearless-mindset.simplecast.com/ or listen to major podcasting platforms such as Apple, Google Podcasts, Spotify, etc. You can also subscribe to the Fearless Mindset YouTube Channel to watch episodes on video.

Negotiation with Alice
9: How do I help people negotiate their inheritance with each other or help parents negotiate what they will leave behind to their heirs?

Negotiation with Alice

Play Episode Listen Later Nov 28, 2023 33:04


Estate planning attorney, Karl Tsuchiya, and Alice share why it is important for all stake holders to be involved in negotiations when it comes to inheritance planning.Karl Tsuchiya is a Partner at Hellmuth & Johnson primarily practicing in the areas of Estate Planning, Probate and Trust Administration, and Medical Assistance Planning.  | I enjoy assisting clients design and implement Estate Plans that fulfill their goals. Hellmuth & Johnson, PLLC | https://hjlawfirm.com/minneapolis-attorneys/karl-m-tsuchiya/ | ktsuchiya@hjlawfirm.com | 952-460-9271 To work with Alice or enroll in negotiation courses, please visit ShikinaNegotiationAcademy.comSign up for one of our negotiation courses at ShikinaNegotiationAcademy.comThanks for listening to Negotiation with Alice! Please subscribe and connect with us on LinkedIn and Instagram!

Trust Me
The Rise of the Revocable Trust in California

Trust Me

Play Episode Listen Later Nov 27, 2023 34:23


A revocable trust is an essential part of an estate plan in California. And when clients ask why they need a revocable trust, our answer is always: to avoid probate! We know that probate is time consuming and costly, but have you ever wondered how our system came to be? In this episode of Trust Me!, Anne Rudolph and Ralph Hughes discuss their recent article published in the Trusts & Estates Quarterly -- The Rise of Revocable Trusts in California.About Our Guests:Ralph E. Hughes is a founding Shareholder of Hughes and Pizzuto, APC focusing on Probate and Trust Administration, Probate and Trust Litigation, and related mediation. Ralph received his law degree from the University of California, Berkeley in 1976. Shortly thereafter, he moved to San Diego. Since that time, he has been involved in all aspects of probate, estate planning, trust and probate administration, and related litigation. He is a member of the American College of Trust and Estate Counsel (ACTEC), and is a Certified Specialist in Estate Planning, Trust & Probate Law. Ralph is affiliated with West Coast Resolution Center and conducts mediations through that organization. He has participated in well over 100 mediations.Anne M. Rudolph is a Shareholder of Hughes and Pizzuto, APC focusing in Probate and Trust Administration, Probate and Trust Litigation, and Appeals. Anne is the Chair of the Firm's Appellate Section. Anne received her law degree from the University of Oklahoma College of Law where she graduated in the top 5% of her class. She has been a Certified Specialist in Estate Planning, Trust & Probate Law since 2013. Anne has earned an AV Preeminent rating from Martindale-Hubbell for legal experience and knowledge as well as ethical standards. She has also been named a Top Rated Estate and Trust Litigation Attorney by San Diego Super Lawyers® since 2018, an honor that is reserved for the top 5% of attorneys in California. She is a frequent speaker on legal ethics issues that arise in the fields of trusts, estate planning, and probate.About Our Host: Host Anna Soliman is Trust Counsel and Managing Director for Fiduciary Trust International of California out of the Los Angeles Office. Prior to joining Fiduciary Trust International, Anna was an estate tax attorney for the Internal Revenue Service and also worked in private practice, specializing in estate planning and trust administration for ultrahigh net worth individuals. She is also a TEXCOM member and is involved with the Fiduciary Income Tax Section of the American Bar Association.Thank you for listening to Trust Me!Trust Me is Produced by Foley Marra StudiosEdited by Todd Gajdusek

The Latest on the Law: Updates from the Boston Bar
Challenging Blended Families: The Intersection of Trust Administration and Fiduciary Litigation when Two Families Become One

The Latest on the Law: Updates from the Boston Bar

Play Episode Listen Later Nov 14, 2023 53:39


The program will focus on the myriad of challenges presented during the administration of trusts involving blended families.  The panelists will provide practical tips from their collective experiences on the common issues which arise from trusts involving blended families and how to avoid, limit, or pursue litigation and ensure smoother administration when representing beneficiaries or fiduciaries in these scenarios. Questions? Inquiries about program materials? Contact Trenon Browne at tbrowne@bostonbar.org  

California Estate Planning and Probate
Trust Administration vs. Probate

California Estate Planning and Probate

Play Episode Listen Later Sep 18, 2023 4:05


Trust Administration - What is it, and how is it different than probate? If you or a loved one has a trust, you need to know this information! Contact me for additional information or to set up your trust so that you can avoid probate! www.amandarochalaw.com/contact-us I love helping people and make these podcasts to help non-lawyers learn a little more about legal concepts. I'd appreciate it if you take a second to let me know what you thought of the podcast and if you learned something, please hit the subscribe button, rate and review! It helps other people access the podcast too. -- If you want to talk more about estate planning: https://www.amandarochalaw.com/click-estate-planning If you want to talk more about probate: https://www.amandarochalaw.com/click-probate -- Estate Planning and Probate is all we do. If you want someone who is honest, diligent, and compassionate, you've come to the right place. Amanda Rocha is the owner of Law Office of Amanda L. Rocha. She created it with one goal - help YOU live a great life and leave a great legacy. You'll find information here on estate planning, probate, revocable living trusts, irrevocable trusts, life insurance trusts, charitable giving, wills, trusts, power of attorney, medical power of attorney, trustee selection, and everything in between. -- Instagram = https://www.instagram.com/amandarochalaw Facebook = https://www.facebook.com/amandarochalaw *Attorney advertising. For educational purposes; no guarantees are made with this podcast or text.

The Word on Wealth with The Retirement Professor Marty Schneider
Word on Wealth - Estate Planning and Trust Administration with Gary Quackenbush

The Word on Wealth with The Retirement Professor Marty Schneider

Play Episode Listen Later Aug 22, 2023 47:37


Estate Planning and Trust Administration with Gary Quackenbush. How to contest a trust without being disinherited. How to select a Successor Trustee. Support the show: https://www.gqlaw.com/See omnystudio.com/listener for privacy information.

Trust Me
Working with Clients Who May Have Cognitive Impairment

Trust Me

Play Episode Listen Later Aug 7, 2023 30:47


Most attorneys are able to identify clients who clearly have mental capacity to make decisions and those who clearly lack such capacity.  But what about the clients in the middle part of the spectrum?In this episode, geropsychologist Bonnie Olsen provides practical guidance on dealing with clients who may have mental function deficits.  She explains how capacity is situational, what attorneys can do to optimize client decision-making ability, and how to get beyond the label of a diagnosis.  Dr. Olsen's article entitled “What Attorneys Need to Know About a Client's Cognitive Capacity” will appear in Volume 29, Issue 2, of California Trusts and Estates Quarterly, which is available to all members of the Trusts and Estates Section of the California Lawyers Association.About the Guest:Dr. Bonnie Olsen is clinical psychologist who often works with elderly patients.  She is a Professor of Clinical Family Medicine at the Keck School of Medicine at the University of Southern California.  In 2020-2021, she led a project funded by the U.S. Department of Justice to develop and test an evidence-informed tool for judges to adjudicate guardianship/conservatorship petitions.  In addition, she has a consulting practice in which she evaluates a person's mental capacity to make estate planning changes, either before or after they are made.About the Host:When this episode was recorded (August 3, 2023), Jeffrey Galvin was an attorney with Downey Brand LLP in Sacramento, where he litigated trust and estate disputes involving mental capacity and undue influence issues, and was a member of the Executive Committee of the Trusts and Estates Section of the California Lawyers Association.  Thank you for listening to Trust Me!Trust Me is Produced by Foley Marra StudiosEdited by Todd Gajdusek

Mastering Your Financial Life
Keren Birnbaum | Mastering Your Financial Life with Judy Heft | Episode 49

Mastering Your Financial Life

Play Episode Listen Later Jul 18, 2023 25:05


In this episode of Mastering Your Financial Life, Judy Heft interviews Keren Birnbaum, Founding Partner at Birnbaum Lewis, PLLC and Of Counsel at JLC & Associates. For over 10 years, Keren has advised clients on how to protect themselves, their loved ones and their business in the event of death, incapacity or disability. Her practice is concentrated in the areas of Estate Planning, Trust and Estate Administration and Elder Law. Keren provides personalized attentive service to her clients to put them at ease and help them achieve their goals. In 2022, Keren co-founded, with Jaime Lewis, Birnbaum Lewis, PLLC, a boutique law firm focusing in Estate Planning, Probate, Trust Administration, Elder Law, & Special Needs Planning. Tune into the episode to learn about Keren Birnbaum: * When one needs to begin thinking about their estate plan * Common estate planning mistakes * Necessary documents needed in an estate plan Connect with and learn more about Keren Birnbaum: * Connect with Keren on LinkedIn: https://www.linkedin.com/in/keren-g-birnbaum/ * Visit the Birnbaum Lewis website: https://www.birnbaumlewis.com/ * Follow Birbaum Lewis on Instagram: https://www.instagram.com/birnbaumlewis/ * Follow Birbaum Lewis on Facebook: https://www.facebook.com/BirnbaumLewis * Follow Birbaum Lewis on LinkedIn: https://www.linkedin.com/company/birnbaum-lewis/ In each episode of Mastering Your Financial Life, Judy Heft interviews professionals who help others successfully manage their financial lives. Judy is a Financial and Lifestyle Concierge and Founder & CEO of Judith Heft & Associates. Connect with Judy Heft on LinkedIn: https://www.linkedin.com/in/judyheft/ Visit Judith Heft & Associates' Website: http://www.judithheft.com/ Subscribe to Mastering Your Financial Life on Apple podcast https://podcasts.apple.com/us/podcast/mastering-your-financial-life/id1628822980 Don't miss a video by subscribing to Judith Heft & Associates' YouTube Channel: https://www.youtube.com/channel/UCxnWUm35dJhmCX0XPX_eZhQ

Absolute Trust Talk
112: How to Access the Right Education Plan for a Child with Disabilities?

Absolute Trust Talk

Play Episode Listen Later Jun 10, 2023 36:28


Education can open many doors in life, but if you're the parent of a special needs child, it may seem like those doors are not only closed but padlocked, leaving you and you alone to chart the educational course for your special needs child. Nearly a half-century ago, the Education for All Handicapped Children Act, which became the Individuals with Disabilities Education Act (IDEA), guarantees a free and appropriate public education for students with disabilities. Yet to this day, many parents and guardians of special needs children don't know how to access the services at their disposal because of this Act, nor do they even realize they're available. In this episode of Absolute Trust Talk, our guest will clear up some confusion surrounding this critical and complex topic. Kirsten Howe will speak with education consultant Kristen Sabo of National Care Advisors, who advocates for special needs children and connects them with the services they need to fully access their education — services guaranteed to them under federal law. Kristen has spent years working with school administrators, board members, families, and special needs students themselves, so she knows better than anyone just how impactful an effective educational team can be on the life of a child with disabilities. Throughout this discussion, you'll hear Kristen emphasize the importance of a collaborative, individualized approach to getting her clients the best possible educational outcome, as every special needs child has their own unique academic challenges. Join us as we discuss: The most common roadblocks that stand in the way of parents or guardians seeking the free and appropriate public education for their child that they're entitled to by law. What factors impact a child's Individualized Education Plan (IEP), how it is deemed appropriate for the student, and why it must change over time as the child matures? How Kristen's role differs markedly from that of an attorney, and why her approach — which emphasizes collaboration and a positive long-term relationship among parents or guardians, the school district, and the special needs student — can foster proactivity that will serve the best interests of the special needs student. The variety of special needs services that might be needed and how those services can improve or hinder the effectiveness of an IEP depends on the student and their needs.   And more! All children, including children with disabilities, are legally entitled to a free education in this country. Our goal in this episode is to help you walk away with a better understanding of the support programs available and how to access them as needed if your child or a child you know is struggling with their educational path.

Real Estate Nerds
Season 3 Episode 17: Estate Planning Fundamentals with Richard Bechtol, Esq.

Real Estate Nerds

Play Episode Listen Later May 31, 2023 19:19


ROYAL LEGAL SOLUTIONS Learn how to free your time, protect your assets, and create lasting wealth with asset protection attorney and long-time real estate investor, Scott Royal Smith. When a close friend lost over $3 million in a single lawsuit, Scott decided to leave his litigation practice to help people protect themselves from frivolous lawsuits. His law firm, Royal Legal Solutions, now helps thousands of real estate investors and entrepreneurs protect more than $1.2 billion in assets. Join Scott as he deconstructs the lawsuit game and shows you how to protect yourself and your hard-earned wealth.*********************************************************************************MEET THE HOSTRichard Bechtol, Esq., Royal Legal Solutions. Richard attended Shawnee State University and graduated with a Bachelor's in Business Administration with a concentration in Accounting. Upon graduation, he volunteered for a one-year deployment to Bagram Airfield in Afghanistan. Five weeks after arriving home he began classes in pursuit of his Juris Doctorate from the University of Dayton School of Law completing the program in 2 years. Richard has held numerous law positions including clerk and associate specializing in Estate Planning, Asset Protection, Elder Law, Probate, and Trust Administration.*********************************************************************************KEY TAKEAWAYSStaff attorney, Richard Bechtol, covers estate planning fundamentals in this informal chat. You'll learn:Who needs an estate planWhy a will isn't enoughHow to avoid probateand more!Ready to go beyond basics and take your education to the next level? Get FREE Access to the Asset Protection Vault. This resource contains our top 8 video Masterclasses and ebooks.*********************************************************************************FACEBOOK: Join our exclusive group to discover the tax, legal, & asset protection secrets every real estate investor needs to know. https://www.facebook.com/groups/495820367909918/

Absolute Trust Talk
111: How Does the Special Olympics Change Lives Outside of Sports?

Absolute Trust Talk

Play Episode Listen Later May 15, 2023 24:49


In its 50+ years, the Special Olympics has served as a beacon of inclusion for aspiring athletes with disabilities. This now-worldwide institution started in 1968 in Chicago and was the brainchild of Eunice Kennedy Shriver — President John Kennedy's sister. At that time, developmentally disabled children were often institutionalized and intentionally separated from their families. Eunice had seen how societal pressure ultimately affected how her sister, Rosemary, was treated because of her intellectual disability. She was inspired to look for constructive and enriching programming options for those with disabilities and found very few of them, so she set about to create one of her own, using participation in sports as its overarching theme. The program that Eunice envisioned has grown dramatically over the years, and there are now more than 5 million Special Olympic athletes worldwide, representing 200 countries. In addition, each state in the U.S. has its own chapter of the Special Olympics, with California being represented by two due to its size and population. But, while most of us associate the organization primarily with these athletic events, in reality, the Special Olympics does much more to improve the lives of people with disabilities — far beyond the realm of sports participation. In the newest episode of Absolute Trust Talk, Kirsten Howe spoke with Tyler Krochmal, Senior Manager of PR and Communications for Special Olympics Northern California (SONC). Tyler is a pivotal part of the Special Olympics' media team — he's heading to Berlin for the International Special Olympics in June — so he's well versed on the organization's overall mission. He even participated as a volunteer coach for a number of years. And because Tyler oversees the Special Olympics' Athlete Leadership program, which allows athletes with disabilities to learn real-world skills that help them develop confidence and expand their opportunities in life, he's seen firsthand the impact that this organization can have — even when there's no sporting event involved. In this episode, we're going to discuss: The impressive growth that the Special Olympics has seen since its inception and how that growth reflects today's more enlightened and inclusionary approach toward people with disabilities. How participation in the Special Olympics is a watershed moment for athletes with disabilities. Many athletes' interest is kindled by watching their chosen sport on television and signing up to participate. Unlike other aspects of their lives, disabled athletes don't have to worry about the judgment of others. There are no particular ability levels required — only the desire to participate. The various ways Special Olympics is committed to supporting people with intellectual disabilities far beyond the athletic field to enhance their physical and emotional health. How the Special Olympics provides enriching participation opportunities for coaches and other volunteers as well as the athletes themselves. And more! Don't miss this very uplifting episode, as Kirsten and Tyler delve into some of the lesser-known ways that the Special Olympics enriches the lives of disabled adults.

Trust Me
Pits and Pearls of Personal Property Issues after Death

Trust Me

Play Episode Listen Later Apr 24, 2023 30:20


In this episode, our guests, Marguerite Lorenz, Master Trustee, and Todd Stephenson, estate liquidator, will be discussing the difficulties that are encountered in dealing with personal property after someone has died. This episode is geared towards estate planners who are looking to create a well-rounded plan to avoid unnecessary family strife after a client's passing, as well as to the general public to get ideas on how to keep children from fighting after their passing. We will share stories of good and bad plans as well as provide ideas on how best to create a plan to keep families out of court and in harmony. About Our Guests:Marguerite Lorenz, Master Trustee, Managing Partner at Lorenz Private Trustees, and author of Ethics for Trustees 2.0, available on Amazon. Marguerite is in her 20th year as a professional trustee, executor and agent.Marguerite can be reached at 877-630-8448, www.MyTrustee.net.Todd Stephenson, owner and founder of Estate Sale Warehouse. Estate Sale Warehouse has been providing personal estate liquidation solutions since 1994 in San Diego and surrounding areas.Todd can be reached at (760) 433-6549, estatesalewarehouse.comAbout Our Host:Host Kimberly R. McGhee is a Certified Specialist in Estate Planning, Trust & Probate Law by the State Bar of California Board of Legal Specialization, Certified Elder Law Attorney by the National Elder Law Foundation, and V.A. Certified Accredited Attorney. She is a Member of the California Lawyers Association, Trusts and Estates Executive Committee (TEXCOM), former President of the Southern California National Academy of Elder Law Attorneys, Member of the Board of Directors for Palomar Health Medical Group, Member of the Board of Directors for Southern Caregiver Resource Center, contributing author and editor for CEB (Continuing Education of the Bar's) Trusts & Estates practice guide and Vice-Chair of the North County Bar Association California Conference of Delegates. She also serves as a Court Appointed Attorney and Guardian Ad Litem in the Superior Court of San Diego County, California.  Thank you for listening to Trust Me!Trust Me is Produced by Foley Marra StudiosEdited by Todd Gajdusek

Absolute Trust Talk
110: Free and Appropriate Public Education: How Do I Get One for My Special Needs Child?

Absolute Trust Talk

Play Episode Listen Later Apr 17, 2023 29:24


Being the parent of a special needs child is an exceedingly demanding role that comes with innumerable responsibilities geared toward helping that child navigate the world around them in the most enriching and gratifying way. The most important of these responsibilities is seeing that the child receives the best education possible, maximizing their social and behavioral skills. This is a challenging task. The term “special needs” covers a wide range of disabilities, so the nature of that education will vary considerably from child to child. However, these children all have one thing in common — the right to a free and appropriate public education. And, because the term “appropriate” is so subjective, it's often a point of contention between school district officials who insist that they're doing the very best they can to fulfill their obligations and parents of special needs children who maintain that the accommodations being provided just aren't accomplishing what they need to.  Maybe you're the parent of a special needs child and have become frustrated in your efforts to secure the best possible education for that child — an education that's guaranteed by law. Or perhaps you know someone who's at such an impasse. If so, you'll want to tune into the latest episode of Absolute Trust Talk as Kirsten Howe speaks with California Special Education Rights Attorney Jennifer Chang - Jennifer's firm centers on fighting for the rights of children with special needs to get the education and services they need. In her practice, she litigates for those children and educates their parents on becoming better advocates for their needs. In this episode, we're going to discuss: The broad spectrum of disabilities that special needs education must address. The role that Individualized Education Plans (IEPs) play in tailoring the educational experience for a special needs child and why parents must be incredibly diligent in ensuring that their child's IEP accurately covers ALL of the services. Why seeking the services of a special education attorney even before an impasse with the school district is in the best interests for all parties. How school districts blame COVID for staffing shortages and why that isn't an excuse when it comes to special needs support. And more. Special needs students are not always given the attention and support they need. We hope this episode helps you and those you know better understand the tools and processes needed to help get a special needs student the education they are entitled to.

Kowal Investment Group
The Retirement Clinic-3-18-23 – Estate Planning & Trust Administration

Kowal Investment Group

Play Episode Listen Later Apr 14, 2023 44:46


Aaron Kowal and guest Chris Berens from Horicon Bank discuss the role of a corporate trustee in an estate plan, review buy-sell agreements, explain the importance of a power of attorney document, and examine various trust planning scenarios.

Absolute Trust Talk
109: Wondering How NFTs are Changing the Future of Fine Art?

Absolute Trust Talk

Play Episode Listen Later Apr 3, 2023 29:23


At first glance, non-fungible tokens, or NFTs, would seem to have little place in the world of fine art. After all, they've only been around for nine years, and during that time, they've developed a reputation as an abstract form of digital currency only fully understood by tech-savvy early adopters. The mere mention of NFTs raises a bit of skepticism in some circles, partly because not many of us comprehend the technology behind them.    Ask someone to explain NFTs and blockchain technology in layman's terms, and you're likely to hear plenty of stammering and double talk, but our newest episode of Absolute Trust Talk will provide a welcome reprieve from that. Kirsten Howe's guest is Claudia Worthington Hess, who brings an unusual combination of 40 years of experience in the art market and a thorough knowledge of NFTs to the discussion.    A member of the Appraisers Association of America (AAA), Claudia is a certified fine art appraiser who works with museums and other clients throughout the US and Canada on insurance, donation, and estate appraisals. After founding Hess Art Advisory in 2010, she eventually broadened her focus to accommodate the rapidly growing role that NFTs had come to play in the realm of fine art, prompting her to co-found New Media Art Advisory. Her new book, NFTs: A Handbook for Art Lovers, results from 17 months of research on this often-misunderstood topic.     In this episode, she'll explain why NFTs and fine art — two worlds that seem to have nothing in common — are a natural fit for each other and why NFTs are here to stay, becoming more prevalent in the future. She'll also provide some interesting perspective on just what goes into determining the value of a given piece of art — much like the fundamentals of NFTs, this is a process that also leaves many of us mystified.   We will also discuss:  The various events that prompt someone to hire an art appraiser and the distinction between “retail/replacement value” and “fair market value” that not only guides the appraisal process, but also result in a different valuation for each of these.   Why, as entertaining and compelling as it might be, the story behind a given piece of art is often misleading and shouldn't play a part in the appraisal process. The role that NFTs currently play in the world of fine art and why they're likely to take on an even more prevalent role in the future — some of the statistics that Claudia will provide are sure to surprise you! How NFTs can benefit artists in the future by providing solid proof of agreements between artists and galleries.   Some actual appraisals Claudia has made not only run contrary to the images most of us conjure up when we think of high-price artwork but also resulted in welcome surprises for art enthusiasts who bought wisely and held on for the long run. And more!   We hope you will join us as we take a look at the world of art appraisal, the rise of NFTs and the connection that's been growing between these two seemingly disparate worlds. 

Trust Me
Legislative Advocacy by the Trusts and Estates Section

Trust Me

Play Episode Listen Later Mar 27, 2023 30:29


Trust and estate lawyers have a keen interest in state legislation.  The California Lawyers Association gives them a voice in Sacramento.  When conservatorships became a hot topic in the Legislature, the Trusts and Estates Section of CLA was there to provide real-world input from experienced practitioners.  The Section regularly sponsors bills to advance the fairness and efficiency of California law.  Get the inside scoop from Saul Bercovitch, who leads CLA's advocacy efforts, and Mary deLeo, Chair of the Section's Executive Committee.  They discuss recent legislative initiatives, peer into a crystal ball regarding the future of electronic wills in California, and explain how lawyers can participate in the Section's advocacy.About Our Guests:Saul Bercovitch is the Associate Executive Director for Governmental Affairs of the California Lawyers Association.  He joined CLA in 2018, shortly after it was established.  Saul previously worked for the State Bar of California, as Legislative Counsel and as an attorney in the Office of General Counsel.  He also practiced civil litigation for over a decade.  He can be reached at saul.bercovitch@calawyers.org.Mary deLeo is a Shareholder at Weintraub Tobin in Sacramento.  Her practice focuses on trust and estate litigation, trust and estate administration, conservatorships, fiduciary representation, special needs trust administration, and planning for incapacity.  Mary is the current Chair of the Executive Committee of the Trusts and Estates Section of the California Lawyers Association (Texcom).  She can be reached at mdeleo@weintraub.com. About Our Host:Jeffrey Galvin is a partner at Downey Brand LLP in Sacramento.  He litigates trust and estate disputes across Northern California.  Jeff created and edits the blog Trust on Trial, which covers California trust and estate litigation.  He is also a member of Texcom.  He may be reached at jgalvin@downeybrand.com.Thank you for listening to Trust Me!Trust Me is Produced by Foley Marra StudiosEdited by Todd Gajdusek

Biz & Tech with Aegis
Cybercrime and Elder Law with Heather Kirson

Biz & Tech with Aegis

Play Episode Listen Later Mar 11, 2023 29:41


Heather Kirson is a partner at The Elder Law Center of Kirson & Fuller. Heather is a Florida Bar Board Certified Elder Law Attorney who is focused on the sensitive issues facing elders and their families, specializing in Medicaid Asset Protection Planning, VA Benefits, Guardianship, Probate, Trust Administration and Special Needs Trusts. Heather's legal experience is enhanced by her prior career in Geriatric Care Management.In this episode, Blake and Heather discuss the importance of elder law, how to protect yourself and your loved ones from cybercrime and fraud, and more.Produced by Level Up Digital Media http://www.levelup.media/​​Participants: Blake Dowling, CEO, Aegis Business TechnologiesHeather Kirson, Managing Partner, The Elder Law Center of Kirson & FullerWEBSITE - https://www.aegisbiztech.com​​ FACEBOOK - https://facebook.com/aegisbiztech​​INSTAGRAM - https://instagram.com/aegisbiztech​​TWITTER - https://twitter.com/aegissales​​

Absolute Trust Talk
107: What Are Commonly Overlooked Money Issues When Splitting Assets in a Divorce?

Absolute Trust Talk

Play Episode Listen Later Mar 6, 2023 30:10


Whether you've experienced it yourself or have seen it happen to someone close to you, you're likely to agree that there aren't many life events that are more emotionally taxing than divorce. Two lives that have been bound together — by law and through shared experiences — are severed, and with that comes the necessities required to complete that break. The emotional component, however, often makes every step in the process as contentious as it can be, with both parties not only going to the mat to look after their own best interests but sometimes — let's face it — also inflicting emotional and financial harm on each other. In a “50/50” state like California, where assets are required by law to be divided equally among spouses, it would seem like a cut-and-dry job, and in some respects, it is. But not all community assets are that easy to divide. The most obvious example of this would be the family home. You're not likely to find many divorced couples willing to live under the same roof with spatial boundaries cutting the residence in half, and, of course, literally dividing a house in half would render both halves unlivable. In reality, arriving at an equitable division of assets after a divorce is a very complex undertaking. There are plenty of considerations to be made — many of which wouldn't even be on the average person's radar. But, if you're contemplating divorce or want to provide some insight to someone close to you who is, you'll definitely want to tune into the latest episode of Absolute Trust Talk, as Kirsten welcomes Glenn Bittner, who is not only a financial advisor with Pacific Wealth Planning but also a Certified Divorce Financial Analyst. Glenn offers a unique blend of practical knowledge and experience that allows him to view the emotionally fraught issue of divorce from the rational, financial side. In addition to his CDFA® certification, Glenn obtained his FINRA Series 6, 63, 65, and 7 licenses. As a former mathematics major, he has a penchant for calculating the present and future valuations of a wide array of financial assets. He was born for this role! In this episode, we're going to discuss: The importance for Glenn and any CDFA® is to ask the right questions and learn essential information about both parties in a divorce proceeding. What a Qualified Domestic Relations Order (QDRO) is, its role in a divorce proceeding, and why it's sometimes best to avoid a QDRO altogether? Why dividing a pension earned by one spouse between both parties can be especially challenging, if not impossible. The various emotional aspects of the family home often make it a particularly contentious part of the divorce process. Why allowing emotion to dominate divorce proceedings may not only lead to a less than equitable settlement but also bring about unforeseen financial consequences for one or both parties down the road. And more! Unfortunately, as we all know, divorce is never easy, and many moving parts require us to set aside emotion so that rational thinking can take center stage – easier said than done, right?! We aim to help you walk away from this episode with a better idea of what needs to be considered when equitably dividing financial assets.

Absolute Trust Talk
104: Two Years After its Passing, Has Proposition 19 Delivered on its Promises to California Homeowners?

Absolute Trust Talk

Play Episode Listen Later Jan 23, 2023 24:52


California's Proposition 19 was passed as a constitutional amendment about two years ago amid quite a bit of confusion. A large part of this stemmed from the misleading rationale that positioned it mainly as a means to extend a financial lifeline to Californians whose homes were destroyed by wildfire or other natural disasters. This paved the way for them to transfer their property tax base to a new home in any of California's 58 counties and thus rebuild their lives after such a tragedy. Obscuring things further were also some takebacks from the homeowner benefits offered, which largely replaced — Proposition 58. These takebacks from Proposition 58 centered mainly on the property tax benefits available when a primary residence was passed from parent to child. Now, it only covers the primary residency or family home. If it is transferred to a child, that child must make it their primary residency within one year after the transfer, and the property must remain their primary residence. Any other type of move will essentially trigger a reassessment. And many clients are still surprised about this. Luckily the Board of Equalization has come out with clarifications and guidance on how Prop. 19 is supposed to work. So, if you're wondering if the proposition has been a net gain or a bust, we are taking a closer look at both the good, the bad, and reviewing the new instruction in this episode of Absolute Trust Talk. Kirsten and Madison will weigh in on the proposition's changes, what those changes mean for the citizens of California, and share some insights from the impacts we've been seeing with our clients here at Absolute Trust Counsel.  In this episode, we're going to discuss: The enhanced property tax benefits that Proposition 19 now provides to homeowners over 55 or who have been victims of a natural disaster. The benefits that California homeowners lost when Proposition 58 gave way to Proposition 19 — they're pretty substantial. The Board of Equalization's part in overseeing property tax administration and how some recent changes have left the agency behind the eight ball. How a commonly misunderstood part of the tax reassessment process can leave some family members with a property tax bill, they hadn't bargained for. What the Board of Equalization now says about the parent/child property tax exclusion if one inheriting child decides to buy siblings out of a deceased parent's primary residence. Why this legislation reflects California's push toward ADUs and how they're favored over other forms of multi-unit residences. And more. Nearly every piece of passed legislation brings some unforeseen and often unintended consequences, but in several ways, Proposition 19 is unique. A large part of this distinction comes from its jurisdiction over homeowner tax protection. So, if you're a California homeowner who plans to leave a primary residence to your children, listen in, as these changes will directly affect your — and their — financial future.

Absolute Trust Talk
101: What Does My Family Need to Know About My Estate Plan Before it's too Late?

Absolute Trust Talk

Play Episode Listen Later Dec 9, 2022 31:20


The quest to follow a client's wishes will always top the list of priorities for any conscientious estate attorney — keeping all parties concerned out of court likely runs not far behind — and while there's no failsafe way to ensure that priority #2 is 100% achieved, having an honest and open communication among family members about your estate plan is the best way to stack the odds in your favor. The subject of estate planning can make family members feel a little uneasy, even when some of its most obvious aspects are often left unspoken. For example, where to find the estate planning documents needed to carry out your wishes and the location of the assets to be distributed to your heirs as you see fit. This can lead to confusion, especially when emotions are already at a fever pitch. The chasms it can create among family members can last a LONG time — sometimes even permanently.  Notifying your family members of your wishes as clearly as possible is the best way to avoid surprises and the potential fallout that might result from them. And while it's a great idea to get family input on several aspects of your estate plan, this input shouldn't be the only factor in shaping your decisions. You shouldn't have to ask your children for permission to create your estate plan as you see fit.  With all this in mind, planning your estate, so things go as smoothly as possible when it comes time to carry out your wishes seems pretty challenging, doesn't it? It often is, but let's see if we can make it a little less daunting. Join us for a new episode of Absolute Trust Talk, as Kirsten Howe and associate attorney, Madison Gunn, take a closer look at several ways to take the surprise element out of estate planning to reduce the chances of resentment that can drive a wedge between family members.  In this episode, we're going to discuss: How our migration to the digital age has added an extra challenge to conveying your wishes to family members Why deciding on the right trustee — as well as knowing who it SHOULDN'T be — is so crucial The important conversation that should come even before you sit down with family members to discuss your estate plan Why making ALL of your wishes known — including those for end-of-life care — is such a kindness to your survivors A few of the commonly encountered assets that are especially prone to triggering hard feelings and resentment And more. There is no single right way to plan for the distribution of your estate's assets when you're no longer around. Just as every family is different, so are the relationships between its family members. But, making sure that the essential details of your estate plan are properly discussed can go a long way toward keeping peace and harmony in the future.

Absolute Trust Talk
098: What Are the Top Ten (Plus) Estate Planning Myths?

Absolute Trust Talk

Play Episode Listen Later Oct 28, 2022 28:57


Considering what might potentially hang in the balance, logic would suggest that when it comes time to prepare an estate plan, nearly all of us would stick to a “just the facts” approach, steering clear of secondhand and ill-conceived advice from friends or flat-out inaccurate information that's been handed down from generation to generation. But let's be honest, estate planning can have its complexities and be confusing, so often, the information we have from our peers might be all we have. The problem is, when it comes time to put an estate plan into action, it's usually too late for do-overs. And, if that estate plan is built on faulty information or incomplete follow-through, the financial consequences can be substantial — even life-changing. Hard-earned assets that don't end up going to the intended beneficiaries, unintentional and seemingly harmless missteps that can result in legal action, and even woefully inadequate medical provisions at a point in life where they're needed the most. We totally understand that there is a sense of uneasiness that often surrounds the subject of estate planning. Almost nothing reminds us of our own mortality, like sitting down and strategizing for our pending demise or incapacitation. So instead of putting in the all-important due diligence to get to the bottom of the realities of estate planning — or better yet, soliciting the guidance of a qualified professional — many of us take the path of least resistance and rely on often expedient but faulty information that can bring on those severe consequences down the line. It's just too important a topic to rely on shortcuts, so in this episode of Absolute Trust Talk, Kirsten Howe and associate attorney, Madison Gunn, will not only examine some of the most common estate planning myths they've encountered in the course of their practices, but will also counter them with the actual legal facts. These myths will range from thoroughly believable to seemingly irrational. Some you may have even accepted as fact a long time ago, while others might leave you scratching your head in disbelief. But they'll all have one thing in common — subscribing to them can lead to many problems down the line. In this episode, we'll discuss: How, despite the best of intentions, lack of follow-through can torpedo major elements of even the best estate plans The misunderstandings that surround the concept of common-law marriage (Hint: It's not even a thing in many states) Why irrevocable trusts aren't the panacea that many believe them to be The variety of circumstances that can lead details of your estate plan to be divulged to people you'd rather not know about it What is required of an aging parent when it comes time to update their estate plan Why estate planning is essential even for those who don't have heirs or have amassed valuable assets And more. With all the misinformation surrounding estate planning that's circulated over the years, it might be hard at times to separate fact from fiction, but we're here to help! Join Kirsten and Madison as they clear up some of the most common estate planning myths they've encountered during their careers and replace these falsehoods with actual facts.

Parenting Impossible – The Special Needs Survival Podcast

Host Annette Hines wraps up her series on legal planning and supporting the decision-making of your loved one with disabilities during Special Needs Awareness Month with a deep dive into special needs trusts.  Have you ever wondered: How does someone manage a special needs trust? How do you choose a trustee or appoint one in your planning documents? Who can serve as a trustee? What kinds of distributions can you make from a special needs trust? How do I work with a beneficiary who's disabled? Sharing from her extensive knowledge as a special needs attorney, Annette Hines gives an accessible overview of trusts and how they can be used to support your disabled person and operate in the real world. All of the videos for this series will be posted in our Special Needs Academy for purchase as well in our private Facebook group Circle of Care. We would love to know what you think of this episode! Leave a comment on our website: https://specialneedscompanies.com

Absolute Trust Talk
097: Estate Planning Lessons from the Rich and Famous

Absolute Trust Talk

Play Episode Listen Later Oct 15, 2022 35:47


It's hard to deny that we now live in a celebrity-centric society. At one time, programming like “Lifestyles of the Rich and Famous” seemed a novel concept. Now we're bombarded almost daily with content chronicling the everyday activities of celebrities of all kinds — including stars with no real claim to fame other than having amassed a large following on social media. Our fascination with the rich and famous is hard to put down. We like to believe that our favorite celebrities are like us — they walk their dogs, go shopping, hit the gym, and live much like we do. That's probably why all that TMZ-style photo and video content centered on celebrities going on about their daily lives is such a mainstay of social media. It reinforces the notion that stars are very similar to us despite their wealth and fame. Comforting as that may be, most of us — probably yourself included — also realize that, in some respects, celebrities are, in fact, nothing like us. After all, multi-million-dollar estates, exotic cars that cost more than many houses, entourages, and travel via private jet are luxuries that few of us get to experience. Considering the financial resources at their disposal, you'd think that most celebrities would have a legion of financial experts at arm's reach to not only maximize their income but also build estate plans that leave nothing to chance when it comes time to transfer all that accumulated wealth to the heirs of their choosing. As it turns out, that's often not the case. When it comes to estate planning, many celebrities are very much like us, either putting it off entirely or dealing with it in a haphazard fashion. In our newest episode of Absolute Trust Talk, Kirsten Howe and associate attorney, Madison Gunn, take a closer look at some of the surprising missteps — ranging from poor planning to outright avoidance — that many members of the rich and famous have made when planning for that time when they'll no longer be around.  A number of these situations will probably seem pretty familiar, yet the fallout from these celebrities either taking ill-conceived actions — or no action at all — can be substantial. Huge amounts of wealth that could have otherwise been shielded end up in the government coffers via taxation, heirs battling it out in court for years (literally), and some heirs being enriched to the extent that has led them down a tragic, and sometimes even fatal, path. It's a bit of a departure from most of our ATC podcasts, but it still maintains a common thread. You'll hear stories about the rich and famous that are, at times, both sobering and entertaining, and yet there's no shortage of teachable moments included. Besides being better equipped to avoid estate planning mishaps, you'll also walk away from this podcast with a better idea of the right steps to take for a smoother process when planning and administering your estate. In this episode, we're going to discuss: How, despite wealth and access to the best financial advice, celebrities often avoid the topic of estate planning altogether The challenges that come with estates that include music rights and other intellectual property Missteps by the rich and famous that have led to the government taking huge shares of estates at the expense of potential heirs How poor planning has led to heirs being enriched to the extent that they proved unable to handle Why having the best of intentions and communicating them to others is no substitute for a properly executed will The privacy implications of a celebrity dying intestate And more. Because so much wealth is usually at stake, we tend to assume that the rich and famous almost always take the necessary steps to ensure their estate plans reflect their intentions and are airtight. Unfortunately, this is often not true, but as you'll see, when celebrities either improvise with their estate plans — or take no action — the consequences can be enormous. The fallout may make for good tabloid fodder, but at the same time, it's sobering.

Real Estate Nerds
Season 2 Episode 44: Pitfalls to Avoid When Attempting a DIY Estate Plan with Richard Bechtol

Real Estate Nerds

Play Episode Listen Later Oct 4, 2022 27:26


ROYAL LEGAL SOLUTIONS Learn how to free your time, protect your assets, and create lasting wealth with asset protection attorney and long-time real estate investor, Scott Royal Smith. When a close friend lost over $3 million in a single lawsuit, Scott decided to leave his litigation practice to help people protect themselves from frivolous lawsuits. His law firm, Royal Legal Solutions, now helps thousands of real estate investors and entrepreneurs protect more than $1.2 billion in assets. Join Scott as he deconstructs the lawsuit game and shows you how to protect yourself and your hard-earned wealth.*********************************************************************************MEET THE HOSTSScott Royal Smith, Esq., CEO, Real Estate Investor. As the founder of Royal Legal Solutions, I am an asset protection attorney and long-time real estate investor in every asset class in 10+ states. My background in litigation and investing uniquely has provided me with insights into how to best use the law for maximum legal advantage while streamlining operations, taxes, and compliance.*********************************************************************************KEY TAKEAWAYSStaff attorney, Richard Bechtol, joins to discuss the pitfalls to avoid if you attempt a DIY estate plan. As an estate planning expert, Richard has seen several situations arise, time and time again, that cause additional stress on an already bereaved family. Learn what you can do to ensure the smooth distribution of your assets at the time of your passing.Richard A. Bechtol is from Coshocton, Ohio, a small town roughly an hour east of Columbus. Upon graduation from Shawnee State University, he volunteered for a one-year deployment to Bagram Airfield in Afghanistan. Five weeks after arriving home, he began classes in pursuit of his Juris Doctorate from the University of Dayton School of Law completing the program in 2 years. Richard's previous law positions have included clerk at Sherrets Law Office, clerk and associate at Mularski Bonham Dittmer Phillips & Steele, and associate at Jarvis Law Firm, specializing in Estate Planning, Asset Protection, Elder Law, Probate, and Trust Administration. Want a refresher or to see what you missed? Watch the replay. REGISTER FOR ROYAL INVESTING and attend LIVE on Zoom, Wednesdays at 11:30 p.m. CST.Ready to go beyond basics and take your education to the next level? Get FREE Access to the Asset Protection Vault. This resource contains our top 5 video Masterclasses and ebooks.*********************************************************************************ENGAGE WITH USAre you ready to take action on Asset Protection, Tax Strategy, or Estate Planning? Take our Financial Freedom Quiz, where we will gather your general information to have a productive conversation. At the end of the quiz, you will have the opportunity to schedule your consultation. https://hubs.la/Q014rfVz0For tax questions complete this quiz: https://go.royallegalsolutions.com/tax-discover-quizFor insurance questions complete this quiz: https://go.royallegalsolutions.com/insurance*********************************************************************************DISCORD COMMUNITYhttps://discord.gg/KKS7rZG5kM*********************************************************************************WEBSITE: http://royallegalsolutions.comLINKEDIN: Check out what folks are saying and make a professional connection with Scott Royal Smith https://www.linkedin.com/in/scott-royal-smith/ FACEBOOK: Join our exclusive group to discover the tax, legal, & asset protection secrets every real estate investor needs to know. https://www.facebook.com/groups/495820367909918/

Trust Me
Trust Amendments After the Conflicting Decisions of King v. Lynch and Haggerty v. Thornton

Trust Me

Play Episode Listen Later Sep 26, 2022 35:35


Amending revocable trusts is such a common occurrence for estate planners that the procedure for doing so may be given little thought. Most trust instruments include provisions establishing the procedures for amendment, but what if those procedures are not followed? Should the amendment be held invalid?Two appellate court decisions, King v Lynch and Haggerty v. Thornton take up the question. The courts interpret Probate Code Sections 15402 and 15401(a)(2) differently, and as a result reach inconsistent conclusions. At issue is under what circumstances the so called “statutory method” of revocation of 15401(a)(2) may apply to trust amendments.Guest Jennifer Campbell is Senior Counsel, Trusts and Estates at Loeb & Loeb, and has recently authored an article for the Trusts and Estates Quarterly (Volume 28, Issue 2, Spring 2022) entitled “Courts Do Not Agree on the History and Meaning of California Probate Code Section 15402”. For over 30 years, Ms. Campbell has concentrated her practice in the trusts and estates area, focusing on the administration of trusts and estates and estate planning.  Ms. Campbell routinely advises and assists individuals and corporate fiduciaries with a myriad of matters including constructing estate plans, fiduciary legal risk management, trust funding, trust distributions, preparing estate and gift tax returns, and negotiating and drafting settlement agreements.  Guest Howard Kipnis is of Counsel at the firm of Artiano Shinoff  and has over 38 years of experience representing corporate fiduciaries, financial institutions, broker-dealers and brokerage companies, as well as small businesses and individuals, in dispute resolution and litigation arising from banking, brokerage and probate and trust services. For 22 years Mr. Kipnis has received Martindale-Hubbell's highest peer-reviewed rating for professional excellence (“A-V Preeminent”). and professional achievement (“Distinguished”). In the last four years he has also been honored as one of San Diego Magazine's “Top Lawyers” in both Banking and Probate and Trust Litigation, and selected by “San Diego Super Lawyers” in those fields as well. Mr. Kipnis now serves on the Trust and Estates Executive Committee of the California Lawyers Association (TEXCOM), where he currently chairs or vice chairs several of TEXCOM's Subcommittees, including Litigation and Educating Seniors. Jennifer and Howard are presenters on a California Lawyers Association webinar entitled “Will King Still be King After Haggerty: Is the Procedure for Revocation of a Trust Available for Modification?” https://calawyers.org/event/webinar-will-king-still-be-king-after-haggerty-is-the-procedure-for-revocation-of-a-trust-available-for-modification/ Herb Stroh is of Counsel at McCormick Barstow LLP, based in the San Luis Obispo office. Herb is a past Chair of the Trusts and Estates Section of the California Lawyers Association (TEXCOM), and serves as TEXCOM's representative on the CLA Board.Trust Me is produced by Foley Marra StudiosThank you for listening to Trust Me!

Absolute Trust Talk
095: Special Needs Care Planning: It's About More Than Just Legal Documents

Absolute Trust Talk

Play Episode Listen Later Sep 16, 2022 36:34


When planning for the ongoing needs of a special needs child or relative, there's quite an array of considerations that have to be made — some foreseen, some not. It's about far more than just paperwork — no two families are alike regarding their financial situation, the vision they hold for the future of their special needs child, or even the unique care requirements of that child.  These families do, however, tend to share one common purpose: that the parents are doing their best to replace themselves in the future when they're no longer around. After all, despite our best efforts, none of us live forever. If this is a scenario that's in your future — or perhaps the future of someone you know — you probably already appreciate how easy it is to be overwhelmed by the process. And if there wasn't already enough complexity to deal with in terms of insurance, benefits, caregiving, education, etc., special needs care planning also carries an additional challenge you won't find when planning for the care of an elderly parent or relative — it can often be for the long term, as “special needs” isn't necessarily synonymous with a shorter life span. To bring special needs care planning into sharper focus, we are thrilled to be speaking with Ann Koerner, CEO, and Founder of National Care Advisors, in a new episode of Absolute Trust Talk. Since 2008, they've provided consulting services for special needs families, attorneys, financial planners, and trustees who support individuals with complex care needs. As a result of her work with many national corporations, Ann possesses extensive business knowledge of case management, utilization review, third-party payers, workers' compensation, private insurance companies, and government resources. In addition to her special needs expertise, Ann holds a degree in nursing from Russell Sage College. She began her nursing practice as a public health nurse in New York and later with the City of Columbus Health Department. Ann will be talking about the challenges that lie ahead for family members, including parents, siblings, and other relatives, when planning for the future of someone with special care needs. There's a lot to consider, from financial planning to living accommodations and day-to-day care. In this episode, we're going to discuss: The most common scenarios that prompt a family to seek specialized outside help with special needs care planning How parents' initial assumptions when planning are often unrealistic The role that siblings usually prefer to play in special needs care planning Why failing to seek qualified outside help to save money often has the opposite effect The various ways that National Care Advisors can help families navigate the Special Needs Care Planning process And more. Whether special needs care planning is in your future, or you're already mid-process and experiencing more than a bit of frustration, this episode will put this often-complex planning in a clearer light. It will also raise questions you probably haven't even considered, so let's get started!

Absolute Trust Talk
094: Learn to Use Technology with This Free Resource from Senior Planet

Absolute Trust Talk

Play Episode Listen Later Sep 7, 2022 27:41


At Absolute Trust Counsel, we used to create this podcast just as a podcast. We would sit in a room with our headsets, microphones, and just record. Then when the pandemic hit, things changed, and we started live streaming so we could interact with our clients and audiences in a new and impactful way. As we think about how the pandemic changed our way of life, it's easy to relate to downloading and learning new apps and buying new devices just so we could carry on and do the "normal" things that we always used to, right? It wasn't long ago that many of us saw Zoom and other communication platforms as novelties that weren't likely to assume an important position in our lives. Similarly, while many of us are familiar with things like Google Maps, far fewer have ever had to explore all that it has to offer fully. And despite its tangible, everyday benefits, technology isn't that intuitive, so there can be a learning curve that may seem downright daunting. We need help, and we need instruction, especially for older adults who want to learn to leverage technology to make life easier and open new possibilities and experiences. "Where were we supposed to learn this information? We must recognize, that one, not only is it not your fault if you don't understand or have this information, but two, it's our mission at Senior Planet to make sure you're informed, especially when it comes to going online to protect your own personal information online. So again, this is where we're honing in on providing that safe space for participants to learn a lot and have fun." In our newest episode of Absolute Trust Talk, we have the privilege of introducing you to Ryan Kawamoto, Regional Program Director for Older Adult Technology Services at Senior Planet, an AARP affiliate. Together Ryan and Kirsten will be telling you all about Senior Planet, a valuable resource that's just a phone call (or a mouse click) away and will help pave the way for you to master today's most useful technology. Concerned about the cost? Don't be. This multi-faceted resource is at your disposal, free of charge. Concerned that you must be an AARP member to participate? No worries there, either. An AARP membership isn't required. In this episode, we're going to discuss: Several ways that technology can improve our lives How COVID has made technology more important than ever How Senior Planet's programming makes learning technology easier How mastering technology can keep us safer while online The various ways these valuable learning resources can be accessed (at no charge!) And more. Whether you've been curious about emerging technology but have difficulties trying to use it or would just like a refresher on some of your favorite apps or devices, this episode is for you.

Absolute Trust Talk
093: Guardianship: There's More to It Than You Think!

Absolute Trust Talk

Play Episode Listen Later Aug 19, 2022 24:07


Estate planning can be difficult for people to face, and unfortunately, it doesn't get any easier when guardianship comes up. Many young families struggle with the decision-making around this – no one wants to think about what will happen to their children if they are no longer around. But as much as parents try to avoid it, it is one of the most critical decisions parents can make. We often find that clients are surprised by how complex guardianship can be. It is not quite as simple as jotting down Aunt Jane's name and moving on with your day. There are many things to consider, and you want to get it right so everyone involved can transition and maintain their lifestyle as comfortably as possible.  In this episode of Absolute Trust Talk, Kirsten and Madison team up to discuss:  What guardianship is The guardianship processes The different situations when guardianship is necessary  The different types of guardianship How to select the right guardian And more! There are many reasons to put off selecting a guardian, but we urge you to take a minute to think about your children. If your family ever finds themselves in the difficult situation of needing a guardian, will your kids and family have the comfort of knowing what you want for them? Or will you leave it up to the court to decide for you? We hope you will listen to this episode and share it with your friends and family because guardianship is a topic every family should discuss. 

Real Grit
Profit in Probate. Finding Riches in Niches with Al Nicoletti

Real Grit

Play Episode Listen Later May 20, 2022 39:00


Today, we'll be exploring probate real estate, a unique specialization in the industry. Our guest Al Nicoletti will be educating us on the opportunities and disadvantages of doing probate, how to succeed in this area of real estate, and the impacts of being the expert in a small niche in catapulting your career. Be part of this conversation and learn more! Key Takeaways from this episode How to find opportunities in different real estate niches What is probate and its investment opportunities Challenges of doing probates and how to overcome them Ways to reach more potential clients Importance of building systems and processes for your business Why you should focus on creating relationships than money   About Al Nicoletti Al Nicoletti is a Florida Real Estate/Probate Attorney known throughout Florida as the “Prince of Probate” a/k/a “The Probate King.” As a Probate attorney extraordinaire, Al has carved out a unique niche in probate real estate issues for inherited property and is dominating the Florida market solving simple and complex probate matters that once stalled real estate deals. Al developed a strategy to structure probates so they are fast, efficient, and can wait to get paid at the title closing. Al's law practice is strongly focused on Probate, Quiet Title, Partition, and Trust Administration (the real estate title fixer). He has a no-nonsense approach and is dedicated to positive quality results, done fast, efficiently, and the right way, working with real estate investors, real estate agents/brokers, and other real estate professionals. In addition to managing his law practice, Al has a live weekly podcast show, is an educational speaker, influencer, and social media content creator, and enjoys traveling the State of Florida speaking at real estate investor association meetings, boot camps, and masterminds to educate audiences on unique real estate niches. Connect with Al Website: Al Nicoletti Facebook Page: Al Nicoletti Facebook: Al Nicoletti Instagram: @attorneynicoletti YouTube: Al Nicoletti Podcast: The Al Nicoletti Show   Neil J. Timmins is on a mission to make a deep personal impact in the lives of his team members and business partners through his work as a real estate investor and mentor. He started as a traditional real estate agent where his team was recognized by the Wall Street Journal as a Top 100 team. Eventually, he made the transition from Realtor to full time investor.  Over the course of his career, Neil has been involved in over $300,000,000 in real estate transactions. Neil's portfolio depth includes assets ranging from houses to industrial properties. Recently, Neil and his team launched the Legacy Impact Partner Program where they partner with fix and flip investors from around the country. Neil's team brings capital to fund and fix rehabs, operational expertise, and years of experience catapulting their partner's business to new heights. Want to partner? You can learn more and book a call with Neil at www.LegacyImpactPartners.com. Connect with Neil Website: Real Grit LinkedIn: Neil J. Timmins Facebook: Neil Timmins