204: Estate Planning Misses: Addressing Separate Property in a Joint Trust
From Absolute Trust Talk by Kirsten Howe: Attorney and podcaster
April 8, 2026 · 8 min · Episode 204
About this episode
Kirsten Howe discusses the implications of inheriting assets while having a joint trust and the complexities involved.
In this episode of Absolute Trust Talk, managing attorney Kirsten Howe tackles one of the most common — and commonly overlooked — estate planning scenarios: what happens when one spouse inherits money, assets, or real estate after a joint trust is already in place. Kirsten breaks down the difference between separate and community property in California, explains why adding inherited assets to a joint trust doesn't change their character but does affect who controls them, and walks through the two practical solutions her firm recommends. She also reveals a lesser-known complication: that even when a trust document grants one spouse sole trustee authority over a separate property account, the financial institution may not honor it, and why that matters more than most clients realize. Time-stamped Show Notes: 0:00 Introduction 0:43 Kirsten kicks off today's topic: what to do when one spouse inherits significant assets while the couple already has a joint trust in place. 1:30 A quick primer on California community property law — what qualifies as separate property, what doesn't, and why it matters for this conversation. 2:20 The common scenario: a couple has a joint trust covering…
People in this episode
Host: Kirsten Howe
Topics covered
- estate planning
- joint trust
- separate property
- community property
- inheritance
- trust management
Keywords
- estate planning
- joint trust
- separate property
- inheritance
- California law
Mentioned in this episode
Places: California
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