125: Cher Files for Conservatorship of Son Elijah Blue Allman Over Alleged Substance Abuse
Absolute Trust Counsel | Walnut Creek Estate Planning Attorney Blog
by Kirsten Howe
2w ago
Recently, the entertainment world has been abuzz with numerous high-profile conservatorship battles, and the latest to emerge involves iconic singer Cher. She has initiated a conservatorship petition concerning her son, Elijah Blue Allman, aiming to oversee the financial benefits he inherits from his father, the late Greg Allman’s trust. Legal filings state the urgent need for a conservator to safeguard Elijah’s estate against potential damages or losses, citing his inability to manage his finances due to significant mental health and substance abuse challenges. Tune into a new episode of ..read more
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8 Reasons Why a California Statutory Will Falls Short
Absolute Trust Counsel | Walnut Creek Estate Planning Attorney Blog
by Madison Gunn
2w ago
In the realm of estate planning, a will without a trust stands as an important document, orchestrating the distribution of assets and the fulfillment of wishes after one’s passing. In California, the statutory will serve as a convenient template for many individuals seeking to outline their testamentary intentions. While there are times when a statutory will may be sufficient – for example, it is better than an emergency handwritten (or holographic) will, relying solely on a statutory will can leave gaps and oversights in your estate plan. Let’s explore eight reasons why a California statutory ..read more
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124: Beach Boys Founder Brian Wilson Suffering from Dementia as Reps Seek Conservatorship
Absolute Trust Counsel | Walnut Creek Estate Planning Attorney Blog
by Madison Gunn
3w ago
When you think of the Beach Boys, what comes to mind? We’re betting it’s not a complicated conservatorship case. Unfortunately, that’s what’s happening with the Beach Boys Founder, Brian Wilson. Mr. Wilson’s long-time wife had been his healthcare directive, but with her recent passing, it was discovered that no one was ever named as a backup. Now, the question is not only who will pick up her role as Mr. Wilson’s healthcare directive, but how. With Brian Wilson being considered unable to make these decisions for himself due to dementia, the solution is not a simple one. Tune in to learn mo ..read more
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123: Why Can’t I Change My Trust After My Spouse Passes Away?
Absolute Trust Counsel | Walnut Creek Estate Planning Attorney Blog
by Kirsten Howe
1M ago
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 trus ..read more
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122: The Costly Truth of Ignoring Estate Planning Like Jay Leno
Absolute Trust Counsel | Walnut Creek Estate Planning Attorney Blog
by Madison Gunn
1M ago
You may have heard the recent news that Jay Leno filed a conservatorship over his wife, Mavis Leno’s estate. The couple does not have an estate plan, and his goal is to gain special permission from the court to set up a plan for both of them. As Kirsten and Madison point out, the main issue is not what happens if Mavis dies but instead if Jay were to die first. Given that Mavis is already incapacitated, who will manage their assets and decision-making? We hope you will join us for this discussion that underscores just how important it is to have an estate plan in place to avoid the costly a ..read more
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123: The Widow’s Lament: Why Can’t I Change My Trust?
Absolute Trust Counsel | Walnut Creek Estate Planning Attorney Blog
by Kirsten Howe
1M ago
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 trus ..read more
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Issues Arising From Assets Titled in One Spouse’s Name Alone
Absolute Trust Counsel | Walnut Creek Estate Planning Attorney Blog
by Madison Gunn
1M ago
Many people believe that everything automatically passes to their spouse upon their death, regardless of how property is titled or any estate planning documents prepared. In some cases, this may be true. However, there are several situations where this may not be the case, and the surviving spouse may either not receive the property or may experience difficulty gaining access to the property, even if the deceased spouse intended that their surviving spouse receives everything. To begin this discussion, it is important to understand the difference between separate property and community propert ..read more
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121: What Happens When a Trustee, Executor, or Beneficiary Dies?
Absolute Trust Counsel | Walnut Creek Estate Planning Attorney Blog
by Kirsten Howe
2M ago
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 ..read more
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Common Issues that Arise in Administering a Trust that Holds Real Property: Part IV: How to Use Estate Planning to Avoid Real Estate Headaches
Absolute Trust Counsel | Walnut Creek Estate Planning Attorney Blog
by Madison Gunn
2M ago
Over the past few months, we have discussed three very common scenarios where real estate is involved in a trust administration and where beneficiaries may not agree or have different ideas of what to do with the real estate. Part I of this series tackled the common issue of one sibling wanting to keep the home as an investment property for the whole family. Part II of this series discussed what happens when one beneficiary wants to keep the house. Part III of this series examined what happens when one beneficiary resided in the house with the parent and cared for them. In this installment, we ..read more
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120: Real Estate Problem-Solving 101 with Steven Kahn
Absolute Trust Counsel | Walnut Creek Estate Planning Attorney Blog
by Kirsten Howe
3M ago
Have you ever had a pesky neighbor encroaching on your land? Or perhaps they have decided to put a cell tower in that directly blocks the beautiful view that you bought your property for in the first place? Or maybe you’ve recently inherited the family home but share it with your siblings and cannot agree on what to do with it. How do you resolve these types of challenges? Do you have a friendly conversation? Do you engage a lawyer and go to court? In this podcast episode, we sit down with Steven Kahn, a civil litigation attorney who focuses on real estate and business disputes involving rea ..read more
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