139: Optimizing Your Portfolio With Alternative Investments Absolute Trust Talk podcast

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139: Optimizing Your Portfolio with Alternative Investments

about a year ago 21:30

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Content provided by Kirsten Howe and Kirsten Howe: Attorney. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Kirsten Howe and Kirsten Howe: Attorney or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://ppacc.player.fm/legal.

We’ve all heard the saying, “Don’t put all your eggs into one basket,” which rings true for building your portfolio. The ideal portfolio consists of more than stocks and bonds – it includes Alternative Investments, like real estate, drilling funds, and value adds. In this episode of Absolute Trust Counsel, certified financial planner Miguel Delgado joins us for a third installment of our financial planning discussion to take a deep dive into this invaluable topic. Together, we’ll discuss the benefits of Alternative Investments, the different types, how to qualify, and how you can get the most out of them. These strategies include qualified opportunity zones (QOZ), 1031 exchanges, and so much more. Don’t miss out - tune in now!

Time-stamped Show Notes:

0:00 Introduction

1:33 We’ve all heard the saying, “Don’t put all your eggs in one basket,” so to start us out, we’re discussing asset diversification and what it truly means.

2:51 Having a diverse mix of stocks and bonds can lessen your risk to an extent, but at the end of the day, they all belong to the same asset class. That’s why, in this segment, we explore Alternative Investments.

5:40 What makes alternative investments less volatile? They’re not affected by the same risks as publicly traded markets, like stocks and bonds.

8:37 Not everyone qualifies for Alternative Investments. Here’s what you need to know.

11:15 Why are Alternative Investments crucial for a portfolio? The number one reason is spreading out risk.

13:09 Press Play as we explore some Alternative Investments and their benefits, starting with drilling funds.

15:37 A Qualified Opportunity Zone (QOZ) investment allows you to defer taxes for an event where capital gain is triggered.

18:35 A QOZ investment and 1031 Exchange are similar but have key differences. Listen in for everything you need to know.

20:41 While QOZ investments and 1031 Exchanges can both be used on real estate assets, one could be preferred over the other, depending on the circumstance. Here’s why.

22:47 Thank you, Miguel, for sharing your incredible insights with us!

… continue reading

138 episodes

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139: Optimizing Your Portfolio with Alternative Investments

Absolute Trust Talk

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published about a year ago

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Content provided by Kirsten Howe and Kirsten Howe: Attorney. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Kirsten Howe and Kirsten Howe: Attorney or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://ppacc.player.fm/legal.

We’ve all heard the saying, “Don’t put all your eggs into one basket,” which rings true for building your portfolio. The ideal portfolio consists of more than stocks and bonds – it includes Alternative Investments, like real estate, drilling funds, and value adds. In this episode of Absolute Trust Counsel, certified financial planner Miguel Delgado joins us for a third installment of our financial planning discussion to take a deep dive into this invaluable topic. Together, we’ll discuss the benefits of Alternative Investments, the different types, how to qualify, and how you can get the most out of them. These strategies include qualified opportunity zones (QOZ), 1031 exchanges, and so much more. Don’t miss out - tune in now!

Time-stamped Show Notes:

0:00 Introduction

1:33 We’ve all heard the saying, “Don’t put all your eggs in one basket,” so to start us out, we’re discussing asset diversification and what it truly means.

2:51 Having a diverse mix of stocks and bonds can lessen your risk to an extent, but at the end of the day, they all belong to the same asset class. That’s why, in this segment, we explore Alternative Investments.

5:40 What makes alternative investments less volatile? They’re not affected by the same risks as publicly traded markets, like stocks and bonds.

8:37 Not everyone qualifies for Alternative Investments. Here’s what you need to know.

11:15 Why are Alternative Investments crucial for a portfolio? The number one reason is spreading out risk.

13:09 Press Play as we explore some Alternative Investments and their benefits, starting with drilling funds.

15:37 A Qualified Opportunity Zone (QOZ) investment allows you to defer taxes for an event where capital gain is triggered.

18:35 A QOZ investment and 1031 Exchange are similar but have key differences. Listen in for everything you need to know.

20:41 While QOZ investments and 1031 Exchanges can both be used on real estate assets, one could be preferred over the other, depending on the circumstance. Here’s why.

22:47 Thank you, Miguel, for sharing your incredible insights with us!

… continue reading

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182: Beyond Borders: International Estate Planning Essentials for Families (Part 2) 24:30

7 days ago24:30

24:30

In this second installment of Absolute Trust Talk's international estate planning series, host Kirsten Howe welcomes back estate planning specialist Janet Brewer to explore advanced strategies for families with cross-border connections. Building on their previous discussion of guardianship challenges, this episode focuses on critical tax considerations and financial hurdles faced by international families. Janet, a certified specialist with over 30 years of experience serving Silicon Valley clients, explains the unique tax opportunities available to visa holders with stock options and RSUs, which could result in savings of hundreds of thousands of dollars in estate taxes. The conversation reveals why appointing trustees who live abroad can trigger costly "foreign trust rules" and explores practical obstacles, such as banking restrictions, that complicate international wealth transfers. Janet and Kirsten also discuss the unexpected documentation requirements that can delay inheritance distributions to beneficiaries across borders, including the little-known "transfer tax certificate" that can hold up distributions for 6-9 months even when no tax is owed. Whether you're working in the US on a visa, have family members overseas, or are a US citizen living abroad, these expert insights could protect your hard-earned wealth from unnecessary complications and taxation. Time-stamped Show Notes: 0:00 Introduction 1:22 Janet introduces a common scenario: Visa holders with stock options and RSUs who need specialized planning. 2:54 Did you know? US citizens enjoy a nearly $14 million exemption, while non-US domiciliaries face estate tax after just $60,000. 4:56 Discover the key "planning opportunity" for visa holders: Gifts of US stock aren't subject to gift tax, but the same stock in their estate would face up to 40% tax at death. 8:53 Janet explains the critical distinction between "residence" and "domicile" for tax purposes, and how visa holders can legally leverage this difference. 11:31 Find out why appointing a foreign trustee can trigger costly "foreign trust rules" that reduce funds available for beneficiaries. 13:42 Learn about the growing practical challenge of US banks refusing accounts for trustees who don't have US addresses. 16:17 Next, Kirsten and Janet discuss why hiring a US-based professional fiduciary might be the most cost-effective solution despite the emotional preference for family trustees. 18:49 Obtaining an ITIN (International Taxpayer ID Number) can delay distributions by months, another documentation hurdle that foreign beneficiaries face. 22:09 Janet shares a recent discovery about US citizens living abroad: their US assets require a "transfer tax certificate" that can take 6-9 months from the IRS, even when no tax is owed. 25:44 Here’s a workaround for the transfer tax certificate delay: Opening a probate proceeding can allow distributions to proceed more quickly.…

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181: Beyond Borders: International Estate Planning Essentials for Families 18:28

7 days ago18:28

18:28

In this episode of Absolute Trust Talk, host Kirsten Howe welcomes estate planning specialist Janet Brewer to explore the unique challenges faced by immigrants and international families when planning for their future. Janet, with over 30 years of experience serving clients throughout Silicon Valley, brings her vast knowledge to address the specific concerns of non-resident aliens, visa holders, green card holders, and other international families with U.S.-based assets. As a member of the invitation-only Society of Trust and Estate Practitioners (STEP), Janet regularly prepares estate plans for foreign nationals who own property or live in the US and for US citizens who own property abroad. During this discussion, they examine the critical considerations for guardianship of minor children across international boundaries, practical solutions for emergency situations, and financial strategies to protect loved ones regardless of where they call home. The conversation highlights how international estate planning requires careful attention to both legal requirements and practical implementation across different jurisdictions. Time-stamped Show Notes: 0:00 Introduction 3:41 Learn about the biggest concern for international clients: ensuring their children can return to family in their home country if something happens to the parents. 4:43 While California allows foreign guardians, it does vary by state. 6:40 Understand the critical distinction between technical jurisdiction and actual enforcement power when children leave California for another country. 7:54 Janet highlights that challenges with out-of-state guardianship exist even within the United States, creating similar concerns to those found in international guardianships. 9:41 Find out about temporary guardianship arrangements needed to bridge the gap when appointed guardians live far away. 11:51 Hear Janet's insightful perspective that international guardianship is "a question of degree, not difference" compared to distant domestic guardianships. 12:17 Start listening now to learn about potential complications when children are taken across borders without judicial approval. 14:31 Janet shares a clever software analogy to explain why trust documents need specific instructions for authorizing payments to guardians for travel expenses. 16:36 Discover why life insurance is a crucial financial solution for international families, providing quick liquidity without market timing concerns.…

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180: Divorce in Progress: Safeguarding Your Estate Plan Before It's Final (Part 2) 9:15

26 days ago9:15

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…

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179: Divorce in Progress: Safeguarding Your Estate Plan Before It's Final 8:24

26 days ago8:24

8:24

In this episode of Absolute Trust Talk, host Kirsten Howe and associate attorney Jessica Colbert discuss critical estate planning considerations during divorce proceedings. They explore what happens if someone becomes incapacitated or dies while their divorce is still pending, revealing potentially unwelcome consequences if proper planning isn't in place. The discussion highlights how existing estate plans typically name a spouse as the primary decision-maker and beneficiary—a designation most divorcing individuals would want to change immediately. Without written estate plans, the situation becomes even more complicated, potentially requiring expensive and contentious conservatorship proceedings for incapacity or following intestacy laws upon death that would likely favor the soon-to-be ex-spouse. This episode, part one of a two-part series, emphasizes that you remain legally married until a judge finalizes your divorce, meaning all existing estate planning designations remain in effect unless proactively changed. Time-stamped Show Notes: 0:00 Introduction 2:10 What happens if you become incapacitated during divorce with a written estate plan 2:52 The consequences of becoming incapacitated without a written estate plan during divorce 3:28 Brief explanation of the conservatorship process and why it should be avoided 5:03 What happens if you die before your divorce is finalized 5:12 Death without a written estate plan during divorce: intestacy and its complications 6:29 How existing written estate plans remain in effect until the divorce is finalized 6:48 The bottom line: You remain legally married until a judge says otherwise…

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178: 3 Critical Estate Planning Lessons from Richard Simmons' Legacy Battles 8:29

6 weeks ago8:29

8:29

In this episode of Absolute Trust Talk, host Kirsten Howe examines the estate complications following Richard Simmons' death in July 2023. She details the ongoing legal dispute between Simmons' brother Leonard (named trustee) and Teresa, his housekeeper of 30 years who briefly served as co-trustee before a contested resignation. The conflict centers around approximately $1 million in personal property—primarily jewelry—that Teresa allegedly took when evicted from Simmons' home. While Teresa claims Simmons gifted her the jewelry in 2014, Leonard argues documentation proves otherwise. Kirsten extracts three valuable lessons: first, avoid naming co-trustees, especially in complex estates where a professional trustee would be more effective; second, document valuable lifetime gifts to prevent future disputes; and third, include specific provisions for non-owner residents in your estate plan to prevent eviction complications. This case study highlights how proper estate planning can prevent family conflicts, protect valuable assets, and ensure thoughtful treatment of longtime household members after death. Time-stamped Show Notes: 0:00 Introduction 1:30 Meet the central figures in this estate drama: Teresa, the housekeeper, vs. Leonard, the brother. 2:05 From co-trustee to eviction, let’s talk more about the shocking timeline after Simmons' death. 3:15 The million-dollar mystery: where did Richard Simmons' valuable jewelry disappear to? 4:20 Next, we’ll discuss the number one estate planning lesson this case reveals: why co-trustees can transform estates into battlegrounds. 5:45 Estate Planning Lesson #2: Gifting jewelry? Why documentation might be your best accessory 6:30 And last but not least, estate planning lesson number three, the critical provision that could have prevented a housekeeper's eviction.…

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177: Inside the Heated Padres Inheritance Feud: What It Teaches Us About Sound Estate Planning 10:59

7 weeks ago10:59

10:59

In this all-new episode of Absolute Trust Talk, Kirsten Howe and her associates, Jessica Colbert and Ariana Flynn, delve into the complex estate battle surrounding the late San Diego Padres owner, Peter Seidler. The MLB team finds itself at the center of a legal dispute as Seidler's wife, Sheel, contends with his brothers over control of the franchise. With allegations of breached trust, fraud, and self-dealing, the case highlights the intricacies of estate planning for high-net-worth individuals and the potential pitfalls of ambiguous or informal documentation. While largely speculation, the conversation also explores the crucial role of trustee selection and the challenges of navigating ownership agreements in the context of professional sports. Tune in for expert insights on safeguarding your legacy, minimizing the risk of litigation, and ensuring your estate plan is as airtight as your favorite team's defense. Time-stamped Show Notes: 0:00 Introduction 1:08 To kick things off, let’s dive into the complex estate battle of the late San Diego Padres owner, Peter Seidler. Listen in for a discussion of how Seidler's wife, Sheel, takes on his brothers in a heated legal fight to control the MLB team. 1:20 Breached trust, fraud, and self-dealing - the hosts break down the allegations and their implications for estate planning. 3:00 Next, let’s examine the role of the Padres' "control person" and how it complicates the case and its potential outcome. 4:06 The function of a trustee is vital in estate planning. Here are some tips on how to avoid family feuds and ensure impartiality in estate administration. 7:05 Learn how Major League Baseball's unique ownership regulations can complicate estate planning for team owners. 7:59 Handwritten wills and informal estate documents: Why they often lead to legal disputes and how to avoid them. 9:12 Tune in now for what you need to know about recognizing the importance of following proper legal procedures to ensure estate plans are legally sound and enforceable. 10:36 Gain insights into how emotional reactions and unexpected human behavior can significantly impact estate disputes and learn strategies to mitigate these risks. 11:03 Key takeaways from the Padres' estate battle for creating effective and resilient estate plans.…

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176: Behind the Headlines: Gene Hackman's Estate Plan and What We Can Learn 13:57

8 weeks ago13:57

13:57

In this episode of Absolute Trust Talk, Kirsten Howe, managing attorney at Absolute Trust Counsel, and associate attorney Jessica Colbert examine the estate of beloved actor Gene Hackman. They meticulously analyze the available court records from Santa Fe County, New Mexico, and contrast them with California's probate procedures. The attorneys skillfully debunk sensationalized headlines about Hackman's will, explaining the mechanics of pour-over wills and why media claims about his children being "cut out" are potentially misleading. While much of the discussion is speculation, they provide valuable insights into how proper estate planning anticipates contingencies like beneficiaries predeceasing the trustor. This episode demonstrates why understanding the difference between public court filings and private trust documents is crucial for anyone planning their estate. Time-stamped Show Notes: 0:00 Introduction 2:39 Unraveling the court filings: What exactly was submitted in Santa Fe County after Gene Hackman's death? 3:46 Who is Julia Peters, and how did she become the personal representative of Hackman's estate? 5:00 California vs. New Mexico: Next, let’s dive into how "informal probate" creates a dramatically different process. 7:03 Separating fact from fiction: What headlines get wrong about Hackman's estate planning. 8:05 "His children are cut out." Here, Kirsten and Jessica debunk the sensational claims about Hackman's will. 10:00 The unexpected twist: What happens when a primary beneficiary predeceases the trustor? 11:44 The mysterious "GEBE" trust is revealed. Listen in as Kirsten and Jessica explore Hackman's power of appointment. 13:32 Why Hackman's true wishes may remain private forever - Unless litigation changes everything.…

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175: The Valuation Puzzle: What Your Assets Are Really Worth: Part 2 16:40

9 weeks ago16:40

16:40

In this episode of Absolute Trust Talk, host Kirsten Howe continues her valuation discussion with expert Alex Spaete from Bridge Forensic CPAs, exploring the intricacies of asset valuation. The discussion focuses on how privately held assets are valued, particularly examining discount factors applied to LLC interests based on control limitations and marketability constraints. Alex explains how family dynamics influence valuations, especially when implicit control exists despite limited ownership percentages. The conversation covers valuation approaches for unusual assets like promissory notes and accounts receivable, with Alex sharing real-world examples, including commercial rag manufacturing and Weather Derivatives. This show highlights why professional valuation expertise is essential when dealing with complex assets during estate planning, business transitions, or divorce settlements. Time-stamped Show Notes: 0:00 Introduction 2:48 Diving back into the discussion, Alex breaks down the two main components of discounts: control factors and liquidity considerations that affect final valuations. 4:10 Here, we explore how operating agreements significantly impact valuation and what control considerations you should be aware of. 4:49 Gain insights on the fascinating impact of family dynamics on valuations, mainly how they come into play in divorce scenarios. 8:17 Find out whether the IRS requires taking discounts when available and the tax implications of valuation choices. 11:06 Alex explains the complexities of valuing promissory notes and how changing interest rates can dramatically affect their worth. 12:27 Before signing off, you must hear more about Alex's most interesting case studies, including an unusual rag-making business and complex weather derivatives.…

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174: Part 1: The Valuation Puzzle: What Your Assets Are Really Worth 16:33

10 weeks ago16:33

16:33

In this insightful episode of Absolute Trust Talk, host Kirsten Howe welcomes Alex Spaete, a valuation expert and partner with Bridge Forensic CPAs. In part one of their discussion, Kirsten and Alex explore the complex world of asset valuation, particularly focusing on closely held businesses and real estate holding partnerships. Alex explains why valuing private entities requires specialized expertise beyond what's needed for bank accounts or publicly traded securities. The discussion clarifies the critical distinction between owning a percentage of a business entity versus owning the underlying assets themselves. Alex details the two primary approaches to valuation—net asset value and income analysis—and how they apply to different types of business structures. Whether you're planning your estate or simply curious about business valuations, this episode provides valuable foundational knowledge about how professionals determine what complex assets are truly worth. Time-stamped Show Notes: 0:00 Introduction 3:14 To kick things off, we talk about why asset valuation matters in estate planning, particularly for complex assets. 4:35 Next, Alex explains his focus on closely held companies and non-publicly traded entities. 6:24 Now, we will dive into common valuation scenarios, particularly for privately held businesses and real estate holding partnerships. 8:02 Listen here for an explanation of real estate holding partnerships and how they differ from direct property ownership. 11:07 Learn about understanding net asset value as a critical starting point for business valuation methodologies. 12:54 Discover the important concept of discounting in valuations and why the sum of parts may not equal the whole value.…

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173: Stop Family Feuds: Expert Tips for Probate Real Estate Sales 24:00

12 weeks ago24:00

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.…

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171: IRS Audits Uncovered: What Triggers Them and How to Prepare 22:21

14 weeks ago22:21

22:21

Few things are as nerve-wracking as receiving an IRS audit notice—but how do audits really work, and what can you do to protect yourself? In this episode of Absolute Trust Talk , Kirsten Howe sits down with Anthony Kim, a former IRS Chief Counsel Attorney with 26+ years of experience, to reveal the truth behind IRS audits. Tony, who has litigated complex tax cases for the U.S. Treasury Department and represented Fortune 500 companies and high-net-worth individuals at Ernst & Young, shares insider knowledge on what triggers audits, the IRS selection process, and how to avoid common red flags. You’ll learn why IRS audits are rarer than you think, the top mistakes taxpayers make, and why choosing the right representative—CPA or tax attorney?—could make or break your case. Plus, Tony drops a little-known IRS tip that could save you from missed notices and financial headaches. Don’t leave your financial future to chance! Listen now to get expert advice on navigating an IRS audit with confidence. Time-stamped Show Notes: 0:00 Introduction 0:57 Meet Anthony Kim: Former IRS Chief Counsel Attorney & tax expert 3:42 What triggers an IRS audit? Common red flags explained. 6:28 Whistleblower reports and third-party mismatches—how they lead to audits 7:46 The truth about audit risk: How rare are they, really? 8:43 Step one: How the IRS contacts you—don’t fall for scams! 10:00 The one IRS form every taxpayer should file after moving 11:00 The biggest mistake taxpayers make—what NOT to say in an audit 15:32 The worst-case audit scenarios and how to avoid them 16:49 Why even a low-risk audit could turn into a criminal case 17:24 Who should represent you in an audit? CPA vs. tax attorney debate 21:38 What happens at the end of an audit—how decisions are made 22:47 How to challenge an IRS audit decision and file a protest letter…

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172: IRS Audits Uncovered Part 2: Protests and Appeals Explained 22:11

14 weeks ago22:11

22:11

Intro Summary] In this follow-up episode of Absolute Trust Talk , host Kirsten Howe welcomes back tax law expert Tony Kim to continue their deep dive into IRS audits and appeals. With 26 years of experience working for the IRS, Tony provides invaluable insights into what happens after an audit determination is made. He explains the role of a protest letter, how appeals officers function as mediators, and why IRS litigation can be risky for taxpayers. Throughout the episode, Tony emphasizes the importance of organization, professionalism, and strategic decision-making when dealing with the IRS. He also shares real-world examples of how cases are resolved at different stages of the appeals process. If you're facing an IRS audit or just want to understand your rights, this episode is packed with essential knowledge. Time-stamped Show Notes: 0:00 Introduction 1:33 The protest letter: Here’s what you need to know about how it challenges IRS decisions. 4:20 Appeals officers vs. revenue agents—who decides your case? 6:16 The power of appeals—why 90% of cases never reach court. Here’s why. 8:50 Tax Court vs. District Court: Listen in as Kirsten and Tony discuss the key differences and taxpayer options. 10:44 The IRS attorney’s role—can they make things better or worse? 14:31 Next, Tony is sharing important strategies for working effectively with the IRS—what really works? 19:38 How do you determine what to look for when selecting the right tax attorney? Tune in for key considerations. 23:37 Final advice—why staying engaged in your case is crucial!…

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170: How to Secure Your Estate: Insights from O.J. Simpson’s Latest Legal Drama: 9:39

16 weeks ago9:39

9:39

In this episode of Absolute Trust Talk, hosts Kirsten Howe and Jessica Colbert delve into the latest twist in O.J. Simpson’s long-running estate saga. The estate’s executor has taken an unexpected step by filing a lawsuit against one of Simpson’s heirs, claiming that a key Las Vegas property was secretly transferred out of the estate’s control. As they speculate on the case, the hosts examine the potential motives behind this action—such as the strategic use of an LLC and homestead exemptions—and the significant implications for addressing Simpson’s mounting debts, including those owed to the IRS. With a thorough exploration of the executor’s critical role in managing and safeguarding estate assets, this episode is a powerful reminder of the complexities and repercussions of poorly executed estate planning. Whether you’re drawn to high-profile legal drama or seeking insights to protect your legacy, this discussion provides valuable lessons for anyone navigating the intricate world of estate administration. Time-stamped Show Notes: 0:00 Introduction 0:38 O.J.’s executor files a lawsuit against his son, Justin, alleging that a scheme was used—via an LLC—to shift ownership of O.J.’s Las Vegas home. 1:44 Next, Kirsten and Jessica dive into the discussion of the executor’s responsibility to marshal assets, ensuring funds return to the estate, and an explanation of why attorney and administrative fees come before creditor and beneficiary payments. 4:18 Do you know about the Homestead Exemption? Listen in to explore how homestead exemptions protect home equity and their potential impact in this case. 6:06 Here, the discussion shifts to whether forming an LLC was a tactic to shield the property from IRS claims and the implications of such a move. 6:45 Finally, Kirsten and Jessica analyze the uncertainty surrounding Justin’s actions and the possible motives behind the alleged asset transfer.…

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169: Understanding Probate Part 3: How to Get Your Will Admitted to Probate 9:22

16 weeks ago9:22

9:22

In this episode of Absolute Trust Talk , host Kirsten Howe and associate attorney Jessica Colbert explore the critical steps in getting a will admitted to probate. They explain why lodging an original, properly executed will with the county superior court is essential, and how witness testimony can authenticate the document. They also examine the pitfalls of relying on a photocopy—or finding out too late that the original has been lost or destroyed. Finally, they underscore the importance of keeping your estate documents organized to avoid future probate headaches. If you’re preparing your first will or need to update an existing one, don’t miss this critical conversation on ensuring your final wishes stand up in court. Time-stamped Show Notes: 0:00 Introduction 0:40 When lodging the original will, did you know that you must submit the current wet-signed will to the county superior court (not an older or photocopied version). 1:48 Next, Kirsten and Jessica discuss how an attestation clause (witness statements under penalty of perjury) helps ensure the will is recognized by the court. 3:45 If your will is holographic (entirely handwritten), it requires an additional step: someone familiar with the testator’s handwriting must confirm its authenticity. 6:37 If only a photocopy exists, the court may suspect the original was revoked or destroyed—making it crucial to keep track of the original.…

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168: Understanding Probate Part 2: What Exactly Is a Will? 6:55

17 weeks ago6:55

6:55

In this episode of Absolute Trust Talk, host Kirsten Howe and associate attorney Jessica Colbert continue their deep dive into probate fundamentals by focusing on wills. They clarify what makes a will legally valid, why a handwritten (or “wet ink”) signature is still required, and how witnesses play a key role in safeguarding the document’s authenticity. They also explore the differences between a holographic will and the more formal, witnessed variety. This insightful conversation offers a clearer view of one of the most essential components of the probate process. Time-stamped Show Notes: 0:00 Introduction 1:24 Jessica defines a will as a written, hand-signed document created by the testator. 2:16 Next, Kirsten and Jessica discuss how a testator who cannot physically sign may use a mark or direct someone else to sign on their behalf. 2:36 Did you know just how important witnesses are in validating a will? Also, in California, an ink signature is still required. 3:14 Finally, Kirsten and Jessica explain holographic wills (fully handwritten) versus standard wills (requiring witnesses).…

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