162: Untangling Community vs. Separate Property Issues in Estate Planning (Part 2)

Absolute Trust Talk

In this episode of Absolute Trust Talk, host Kirsten Howe welcomes back accomplished estate planning attorney and litigation expert Ruth Kohler Burke for part two of their deep dive into community vs. separate property in estate planning. Together, they unravel the complexities of property characterization and highlight how proper planning can save you from expensive, stressful situations. From intestacy horror stories to blended family challenges, Ruth shares real-world examples and valuable insights gained from her 25+ years of experience, including representing Fortune 500 companies. Whether you're managing family dynamics, navigating divorce, or ensuring your legacy, this episode provides actionable advice to help you avoid estate planning pitfalls.

Time-stamped Show Notes:

0:00 Introduction

1:10 Welcome back, Ruth Kohler Burke! We’re kicking off the conversation with why property characterization matters when someone dies without an estate plan.

2:31 Why is differentiating separate and community property from each other so critical? Understanding this distinction is key to effective estate planning.

5:09 What happens when a minor inherits property? Let’s dive into the complications and the role of guardianship.

6:20 Horror story: Avoid this estate planning nightmare! Listen as Kirsten and Ruth talk about an example of intestacy gone wrong and how it could have been prevented

7:50 Sometimes, separate and community property isn’t a simple black-and-white matter. Here’s what you need to know.

10:32 Key takeaway: Don’t die intestate—the essential advice to avoid unnecessary complications for your loved ones.

11:40 We hope you enjoyed this episode with our special guest, Ruth Koller Burke!

Get in Touch with Ruth!

Koller Herlihy LLP

http://www.khtrustlaw.com

Email: [e-mail]

Phone: [phone]