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

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 more about the conservator process and how to avoid these complications yourself.

Time-stamped Show Notes:

0:00 Introduction

2:07 To start, Madison gives us an overview of the case with Brian Wilson, who now has to file for conservatorship because he never named a backup healthcare directive.

3:47 Now, we dive deeper into the more complex details of Mr. Wilson’s situation and the possibilities we see with the petition process.

5:26 Unfortunately, these issues are not new for Mr. Wilson, who seemed to have been taken advantage of in the past.

06:08 Here’s the big takeaway from this episode: Name backups on your estate planning documents. You need options!

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 and very public conservatorship court proceedings, among other protections.

Time-stamped Show Notes:

0:00 Introduction

0:53 To kick things off, Madison is shedding light on conservatorship and how it applies to the Jay Leno court proceedings.

1:57 Jay and his wife Mavis have been married for a long time and don’t have any children. He is her heir if she were to die first, so why is he worried about an estate plan now?

3:36 This isn’t the typical way to go about estate planning, and it certainly isn’t ideal. Listen in a Madison discusses some of the issues with the approach Jay Leno is taking.

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!

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!

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 real estate. He is a partner at Hoge Fenton, has been a Northern California Super Lawyer four years in a row, and has been a Northern California Super Lawyer Rising Star for five years. With his accolades and over nineteen years of experience in trials, arbitrations, and problem-solving, Steven is the perfect candidate to share his insights on various real estate issues. 

“When you bought your house, you probably got a title insurance policy, and it probably has something attached to it called an assessor’s parcel map that looks like a map of your neighborhood, but it doesn’t actually show where your boundaries are. It was created by the taxing authority to have a general idea of how big the land is.”

So, join us in our 120th episode of Absolute Trust Talk as we discuss:

• How to divide up real estate that has been inherited by more than one beneficiary
• The ins and outs regarding boundary disputes
• What court proceedings for real estate issues may look like – depending on the case
• Discussions on the recent Mount Diablo dispute
• What you can do if a neighbor blocks your view from your property
• The difference between adverse possession and prescriptive easements 

And much more! 

There’s nothing quite like a real estate or land dispute to ruin neighbor or familial relationships. A little effort and communication can go a long way to finding the right solution, but we know some situations can escalate quickly, and a lawyer like Steven is needed to help keep the peace and navigate the law. If you or someone you know is facing a real estate or property legal challenge, we hope this episode will help you take the necessary next steps to resolve your issue correctly.

If you’re someone who is serving in the role of trustee, executor, conservator, or guardian, acting as a personal representative for someone’s estate in California, did you know that the state has specific guidelines for probate accounting? According to section 16062, the California probate code requires representatives to provide an accounting at least once a year. The purpose is usually two-fold: to show beneficiaries what assets exist, how they’ve been handled, how much is left to be divided up, and to show the individual in control of the money is doing their job.  

“Unlike giving a few specific documents to your CPA to prepare for a tax return, we need everything - every transaction that happens within a trust estate or conservatorship. It’s a lot of information.”

The problem is that most people whose names are tasked with the role of trustee or conservator have no idea how to prepare this type of formal accounting. Even for those confident in their accounting skills, the process is technical, tedious, and can be wrought with many opportunities for mistakes. The good news is you don’t have to do it alone. There are professionals who do complete probate code-compliant accounting for a living. One of these professionals, Heather Hamilton, founder of Fiduciary Accounting Services, LLC (FAS), is joining us on this episode of Absolute Trust Talk. 

Heather holds a bachelor’s degree in finance from California State University, Chico, and worked in commercial banking for 15 years before founding FAS in 2007. The goal of this company was to focus purely on fiduciary accounting, making this expert service more available and taking the load off the shoulders of others. Since then, FAS has grown to be the largest provider of accounting for trusts, estates, and conservatorships in California, focusing entirely on fiduciary accounting. 

Join us as we discuss:

• The particular challenges that come with fiduciary accounting, both for the accountants and the clients
• Why you may need a fiduciary accounting in the first place
• What is required for this type of accounting
• Tips and advice on how to ensure a smooth accounting process
• And much more!

Whether you need formal probate-compliant accounting now or you’re preparing for the future, this episode will help you understand what to expect and how to prepare and even show you what to avoid. So, find a cozy spot, and let’s get started!

You’ve probably heard stories of celebrities leaving their fortunes to their beloved pooches and thought, “How silly!” Sure, it’s unlikely that an animal needs millions of dollars - after all, what will they do with it? But if you’re a pet person, have you stopped to consider what will happen to your sidekick after you’re gone? People don’t think about how long animals can live. Dogs can live anywhere from 8-16 years, and cats from 12-18. And those are your household four-legged friends. What about fish and birds? Koi fish live anywhere from 25-35 years, and parrots can live up to 50 or 65 years – who knew?! Don’t forget there are lizards, turtles, snakes, and even horses that could outlive you.

“Estate planning for your pets is important for several reasons. The first, of course, is that you love your pets like a child, and you worry about what will happen to them when you’re gone.”

If an owner does pass, often, the pet is left out of the picture, and a family member gets stuck with the burden of caring for them on their own, facing vet bills, grooming expenses, daily care, and more. Even worse than leaving a loved one with the responsibility is your poor puppy ending up at the pound.

Fortunately, a little bit of planning goes a long way to ensure your pet friends get the quality of care they deserve. It can be as simple as researching rescues, having a conversation with the person you want to designate to ensure they are on board during your pet estate planning process, or setting up a pet trust. In this episode, Kirsten and Madison will talk more about,

• Why it’s essential to include all pets, from goldfish to horses, in your estate plan.
• The variety of options available to ensure quality pet care after you’re gone.
• Why it is important to include a financial incentive, maybe not millions, but enough to cover the needs of your pet.
• Fun stories of celebrities who made big plans for their pups.
• How to hold your pet caregiver accountable after you are gone.

And much more!

So, saddle up (if you’re estate planning for a horse, that is) because this episode has as much fun and enthusiasm as it does information and inspiration. It’s never too late to start planning, and listening in is a great way to start!

You may have heard that Senator Dianne Feinstein passed away on September 29, 2023, and there is pending litigation between the Senator and her deceased husband, Richard Blum, as well as some new litigation regarding her estate.

Two petitions have been filed by the Senator’s daughter, Katherine Feinstein. The first petition concerns the joint revocable trust between Senator Feinstein and Richard Blum. Katherine is alleging that the joint trust held between Dianne and Richard was not split, and she is also requesting that the court permit the trustees to sell one of the four properties in trust, the Stinson Beach property. The problem is that Katherine filed using a power of attorney that is no longer valid now that Senator Feinstein has passed away. Her only option is to file a probate so the court can grant her an order naming her the executor for Senator Feinstein’s estate, and only then can the lawsuit continue.

In the other lawsuit, Katherine is suing her co-trustee for inaction. This lawsuit will proceed because she is still the co-trustee, providing continuity for before and after death.

As we also point out, the big lesson learned here is a lack of communication within the family. Being surprised is a big part of why people react badly, so having these critical conversations with your children, other family members, etc., is vital to make your intentions clear while also hearing what your loved ones have to say.

You may have heard the sentiment that parenting is one of the most challenging yet most rewarding jobs there is. That is even more true when raising a child with special needs because they often come with unique challenges. It’s easy to quickly become overwhelmed mentally, emotionally, and even financially and physically at times. Your sense of normalcy may seem different from others around you, leading you to feel isolated and alone, unsure of what to do or where to turn. 

To help provide some answers, we sat down with Kerrie Lloyd, Vice President at Index Fund Advisors, author of Planning the Future for A Special Needs Child, and founder of Integrative Solution Services LLC, where she provides consulting and collaborative tools to the special needs community. Kerrie is also a Doctor of Natural Health, NhD, and earned her certification in Pivotal Response Therapy for Autism through the Koegel Autism Center at UC Santa Barbara (now at Stanford University). She also earned her Chartered Special Needs Consultant (ChSNC®)* designation in 2020 through The American College for Financial Services, a fully accredited institution by the Middle States Commission of Higher Education.

Despite all the accolades, Kerrie’s most important job is as Adam’s mom. Adam was diagnosed with Autism and Deafness early on, and through her experiences with him, she has learned what it takes to raise and care for a special needs child. Kerrie noticed that special needs children go through a series of life stages, each marked by major events, such as diagnosis, the beginning of school, and the transition to adulthood. Having this knowledge makes it easier to prepare for each stage, eliminating the fear of the unknown for parents. Now that Kerrie is in the later stages with Adam, she has compiled her experiences and resources to share this insight and knowledge with others.

In this episode of Absolute Trust Talk, we will discuss:

• The six stages of life for an individual with special needs.
• The key planning components and milestones that mark each of the stages. 
• What the transitions from each phase look like. 
• Important resources that are available and how to access them. 
• The importance of obtaining legal help to ensure that parents understand their rights, know what they can ask for, and ensure that they aren’t missing any steps. 

And much more. 

It can be difficult to navigate life’s complexities with a special needs child, but you don’t have to go through it alone. Understanding these life stages can help you better understand your child, feel more prepared for each milestone, and even unlock enriching and fulfilling moments.

So many of our clients here at Absolute Trust Counsel struggle with dementia. In fact, it’s currently estimated that there will be 14 million people with dementia in the United States by 2060. That means there will be just as many, if not more, taking on the role of caregiver as well.

Dementia patients and caretakers often suffer from isolation and loneliness, finding it difficult to enjoy life like they used to. Those with dementia gradually lose themselves, unable to participate in activities they love, and caretakers can struggle with the ongoing responsibilities. But this doesn’t have to be the case. Those living with dementia and their families can still find joy, meaning, and purpose thanks to a volunteer-driven social model of care known as Respite Ministry.

In this episode of Absolute Trust Talk, we’re speaking with Daphne Johnston, Co-Founder and Executive Director of the Respite for All Foundation. Daphne has always been passionate about helping families impacted by dementia and Alzheimer’s. For over 15 years, she worked as an executive director in senior living administration before stepping into the non-profit world of the faith community in 2012 when her senior pastor, Dr. Lawson Bryan, asked her to develop a volunteer model to support families living with dementia. With the incredible initial success of the program hosted at her local church in Montgomery, Alabama, she joined care partner Warren Barrow to officially establish the Respite for All Foundation and reach more communities all over the US.  

 Join us as we discuss:

• How the Respite for All Foundation got started and quickly grew, as well as their plans and goals for the future
• How the organization is taking a new approach to respite support through a social model of care
• The positive impact that Respite for All has, not only on caretakers and participants, but also on volunteers and the community as a whole

What you need to start a Respite for All program in your area

And more.

If you’ve been diagnosed with dementia, or are a caretaker, it’s easy to feel alone and overwhelmed, especially when it comes to getting affairs in order. We’re here to help you, and we know that this episode will provide the hope and inspiration you need or maybe encourage you to start a Respite Community in your neighborhood. So, let’s dive in!