Absolute Trust Talk

The population of those with developmental disabilities is growing larger, and many in this group will need support of some kind for the rest of their lives. In most cases, this support comes from their parents, and every one of those parents worries about what will happen when they’re no longer able to provide that support. A 20-year study by the National Council on Severe Autism that concluded in 2020 and followed 187 people with autism in South Carolina revealed that 99% of the test subjects were unable to live independently and 70% ended up living at home with relatives. For Sweetwater Spectrum’s founder, Mark Jackson, this quandary presented an especially personal challenge — a challenge that drove him to find a way to create a fulfilling and supportive living environment for those with developmental disabilities. His own son, now 32, had been diagnosed with autism years ago and was soon to age out of his private school. In January 2013, Mark and his partners opened Sweetwater Spectrum. This three-acre f

Actor and radio personality Casey Kasem occupied a singular place in American popular culture. As he counted down the hits for the week via his show, American Top 40, he was also doing something else that was decidedly more important — providing a sense of consistency that we could all rely on. World affairs might rattle us, and the financial markets volatility might worry us, but regardless of what else was transpiring in the world, we could always count on Casey to entertain us with his one-of-a-kind voice, and all would still seem more or less normal. Unfortunately, the final chapter of Casey’s own life was anything but ordinary. In 2013, one of Casey’s daughters from his first marriage announced that he had been living with Parkinson’s for six years. However, the diagnosis was later changed to Lewy Body Dementia. Not long after, Casey’s three adult children assembled in front of his house to publicly complain that Jean Kasem — Casey’s wife of 30 years — was intentionally keeping them from their now-incapa

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 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

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

You’ll find no shortage of captivating stories in the realm of estate planning. Tales of barely legible handwritten notes found in obscure places that detail a decedent’s wish to bequeath their fortune to someone they had only just met. Or accounts of family members becoming estranged and a child or other loved one is left out of the estate, which is then capped off with the ever-popular “no contest” clause threat. Life is complex, and so are family dynamics. Some family relationships fray while others grow stronger, and it’s not surprising that these shifts are often memorialized in estate plans. But is it really possible to freeze a family member out of an estate and insert a “no contest” clause to safeguard from challenges? Does this provision truly hold up in the real world, or would a particular disinherited relative have any recourse if they find themselves in that position? And how does the clause change if an opportunist unduly influenced or preyed upon a decedent? For the answers to these questions a

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

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

It’s a scenario you’d never want to imagine — let alone experience — but it happens more often than you’d think. After doing hours and hours of research, and asking all the right questions to a list of skilled nursing facility candidates for a loved one who needs long-term care, you decided on what you believe was the best option. Later on, you come to find out that your loved one failed to receive the care they were promised and showed signs of abuse. If you’re like many people, you may have thought that facilities like the one you chose were guided by a sense of duty to the vulnerable and dependent residents they serve. But unfortunately, skilled nursing facilities are almost invariably for-profit businesses that put a very high premium on their bottom line, sometimes to the detriment of their residents.  To find out what you can do to ensure that your loved one gets the best possible care in their nursing facility, we’re pleased to welcome Shahrad Milanfar, of Milanfar Law in Walnut Creek, who helps victim

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 boundarie

Ever since the mid-’50s, when “That’s Alright Mama” hit the airwaves and marked his rise to stardom, Elvis Presley has been lauded as one of the most galvanizing figures in the history of popular music. He became a household name as quickly as anyone ever had in his pre-social media time and would go on to have an incredible 149 songs make the Billboard Top 100 Pop Chart. He would also become the ultimate Las Vegas fixture — the prototype creator of what is now known today as the “Las Vegas Residency.” Sold-out concerts, hit songs, packed theatres. Elvis generated a LOT of money. And, if you’d conclude that Elvis’s own share of this revenue led to a lavish lifestyle that very few other entertainers matched before or since, you would, of course, be right. But we’re also familiar with the cautionary tale that came with Elvis’s fame and fortune. When he died in 1977, he left behind an estate valued at around $5 million — a surprisingly small sum, considering his accomplishments. With Lisa Marie Presley’s recent

Ever open a closet drawer only to discover something from your past that’s long since been rendered obsolete? More often than not, this obsolescence comes by virtue of outdated technology — or, in the case of clothing, because of a shift in what’s considered fashionable. Think VHS players, a Sony Walkman . . .  parachute pants. While you probably wouldn’t expect to find any such relics within the realm of estate planning, they might just exist there too. If you’re married, an excellent case in point is the AB trust you’ve been holding onto for quite some time — maybe without even knowing it. And like those archaic electronic devices or that “of its time” fashion, it may be time to kick it to the curb. At one time, AB Trusts were very common. They harnessed a specifically designed structure to minimize exposure to the California estate tax laws that included a surprisingly low exemption — as low as $1 million dollars. So, if a couple had a worth of $2 million and one spouse died, the remaining spouse was often

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 w

For most of us — especially those nearing retirement age or are already there — our home is our most valuable asset, so it’s impossible not to focus on the many factors that affect its worth. While prices tend to go up over time, it’s short-term, as of late, that have caused some rather dramatic changes. When the pandemic hit, the primary residence became a hot commodity. Why? Because people were spending 24/7 in their homes, working, and living in one space. In the Bay Area, that caused a roughly 20% appreciation in specific areas like Contra Costa and Alameda Counties. A stark contrast to the typical national average of 3.6% per year. Most recently, we’ve seen the Fed hike the interest rates, which caused another 20% increase. With all that said, we can’t help but wonder where things stand in the Bay Area housing market now and what we have to look forward to in the coming year. To get an insider’s perspective, we’re thrilled to welcome long-time Bay Area resident and RE/MAX real estate veteran Mark Shaw, a

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

Since, for nearly everyone, a home mortgage represents the biggest — and most important — loan of all, rising interest rates have made home buying more of a challenge. But if you happen to be a prospective homeowner, that’s no reason to give up. The connection between the Fed raising interest rates and experiencing more pain in your wallet when you apply for a home loan is often misunderstood — the relationship isn’t quite as direct as you might expect. And while you can’t help but notice that home loan rates are higher than they were just a few months back, from a historical perspective, they’re still pretty low. More importantly, there’s some upside to the recent shifts in the home loan market that you might not have already considered. Sound more encouraging? Then join us for our milestone 100th episode of Absolute Trust Talk as we speak to Janice Nugent, a certified mortgage planning specialist with Compass Mortgage Advisors. With more than 15 years of experience in this capacity, Janice is not only well-

Caring for someone with special needs is not only challenging but often isolating as well. The responsibilities that come with this role are emotionally heavy and offer no real “time off,” so caretakers spend a big part of their lives feeling overwhelmed by the pressures of their everyday lives. These responsibilities are usually for the long haul, and a good deal of the strain that comes with being a caretaker for someone with special needs centers on making the proper long-term preparations. Future housing considerations certainly top that list. When faced with significant challenges, we often research precedent — seeking effective solutions that have been tested and proven by others. But what if no such precedent is available? That’s the situation Susan Riggle, our guest on the newest episode of Absolute Trust Talk, found herself in. The mother of twins — one of whom remains unable to say his own name, ask a question, or tie his shoe — Riggle began her journey to find an appropriate and effective housing s

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 under

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

Planning for the time when you’ll no longer be around is a difficult topic for many of us to discuss. After all, who wants to be reminded of their own mortality? But, regardless of the discomfort, it’s a topic that needs to be addressed. Avoiding it can only bring confusion and hostility among your heirs, and the possibility that your hard-earned assets won’t be passed on as you would have intended. When the administration of an estate plan involves the inheritance of a house, as many do, the potential for problems grows even greater. While most situations go smoothly, just as many don’t, and the decisive factor between the two outcomes almost always boils down to how much forethought goes into the succession plan — who gets what when you’re no longer here? Because of the emotions almost always attached to a home, whether it’s a primary residence or a vacation cabin — as well as the potential financial implications — deciding who will inherit your home and how it will be inherited is tricky territory to navig

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 eld