TRANSCRIPT 🔗
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In my work, I come across homes going through probate.
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Behind those properties are real families, relationships, and decisions that sometimes have to be made when people are aggrieving at the same time.
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But this goes beyond housing.
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It's also about healthcare, who we trust to make decisions, and what matters to us while we're still here.
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And what paperwork actually is needed.
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Welcome to the Sunset Connection: People, Property, and Policy.
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I'm Jessica Ho.
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Joining me are Elizabeth Wong and Holly Chan, co-founders of Death Over Dim Sum.
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Together they make conversations about aging, caregiving, and Death more approachable.
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Also joining us is Kendra Bowen, who leads the estate planning unit at Housing and Economic Rights Advocates, or Hera.
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We'll share personal stories, practical guidance, and resources to help you begin this journey.
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Thank you all for being here, Liz and Holly.
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How did you meet ,and how did that lead to Death Over Dim Sum?
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Thank you for having us.
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We're so happy to be here.
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So I'm Elizabeth.
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I guess how we first met is given my training as an end-of-life doula.
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Being a nurse working in labor and delivery, I was very familiar with, you know, ushering in life and the work of labor birth doulas.
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And it always intrigued me as to why there wasn't some sort of similar support at the other end of life.
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And so for myself, even though I'm a trained nurse, I recognized that I didn't have a lot of information about how to care for my aging mom, which I was very much aware of will happen eventually.
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And I think that was sort of the impetus for why I even started looking into Death doulas and if there's even such a thing as end-of-life doulas.
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And out of that research on my own was when I realized that in fact there were people working as end-of-life doulas and Death doulas.
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Holly ended up slipping into my DMs.
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And that's really how it started.
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What happens at a Death over dim sum event?
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Yeah, so Death over Dim Sum is a workshop where we get people together into a large room, and it's modeled after a dim sum service where you can sit down at your tables, and you know, there's those aunties going around with carts full of food that you can pick and choose from.
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Except instead of aunties, we have local subject matter experts in things like estate planning, which is relevant to today, um, aging care, funeral planning, uh, advanced care planning, and so forth.
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Um, and those subject matter experts rotate throughout the tables and essentially answer people's burning questions.
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If they don't know what to ask, we also have this menu that is modeled after a dim sum menu that has frequently asked questions.
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So people can look at it, they can pick questions to start with.
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And after that, it's kind of a self-driving event where everyone gets to have these conversations, not just with the subject matter experts, but with each other at their tables.
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And then throughout the whole thing, we also have dim sum that's catered by a local restaurant, uh Hang-A restaurant in San Francisco.
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And so, you know, we're having all these kind of otherwise uncomfortable or strange conversations, but with the comfort of food and each other.
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We do have an event coming up on November 8th.
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So if anyone is local and would like to come by, we still have some open spots so you can join the conversation and have food.
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People can find out more about the events.
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We do have a website that's deathoverdimsum.org.
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Could you share a story about how this work has helped someone?
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It's been many years ago, and it was probably one of the first clients that reached out to me.
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And um, his dad passed away, and he was having a hard time going through his stuff in his house.
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And I was invited to just sit with him as he went through and sorted through his belongings.
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But I went over to um his dad's um house, and together I just literally just kept him company while he was sorting through stuff in his dad's home.
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And just being available to accompany him through that was very powerful.
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Uh many times our parents collect things, you know, and when they don't downsize or when they don't go through their clutter, um, it gets left behind to their children and how wonderful it would be to start these conversations earlier so that they can hopefully not only go through their um belongings and their stuff more intentionally to know like what whether it's to reminisce about how they got these objects, but also who they might want to bestow those products to when they pass.
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Um and maybe it's an opportunity to clear things out that no longer serves them.
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So that then it's more of a partnership
between the parents and the children versus something that's avoided or put off until after the fact.
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Um, because ultimately the parents' homes, putting that in a trust, or you know, do they have to then go through probate?
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Um, it becomes an extra layer that gets put on top of the grief that and the sadness that they're already experiencing.
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So um the stories I feel like it's just one in many examples where the um children are left with the aftermath, so to speak, of having to figure out what to do with the family home, what to do with their stuff, you know, and reconciling that.
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Thank you so much.
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And I I guess I have a personal anecdote as well.
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Um I wasn't familiar with advanced care planning uh before deaf over dim sum.
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Like I was more in sort of the artsy cultural side of deaf care and being deaf positive and whatnot.
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Uh, but ever since deaf over dim sum, I've become more familiar with the medical side and the actual like aging care, like the things that come immediately before deaf.
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Um, and in 2024, my mom got diagnosed with endometrial cancer, and it really was shocking for my family.
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It came out of nowhere, and she was scared, and we were all scared.
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Um, and I was telling her, like, how do you bring this conversation up to someone who doesn't want to talk about the possibility of dying?
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Um, I was telling her, like, hey, do you want to look at advanced care plans?
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Because they are going to ask you to answer these questions.
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Um, but it's also like not a scary thing.
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It's a little questionnaire that asks you about your values at the end of life.
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Like, how do you want people to take care of you when you can't make medical decisions for yourself?
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Uh, so I ended up going over to my parents' apartment and talking her through it, literally printing out the worksheet for her to show her and talk her through it and like ask her questions about it, more like a conversation instead of you know, sending homework remotely.
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Um, and then I went to an appointment with her and my dad, and the nurse was sitting her down, and the nurse was like, So I know it's very scary, but I do have to ask these questions.
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Do you have uh someone who can like, do you want to do this?
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Or duh-da.
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And my mom just opened up her folder and pulled out the packet of papers, like, oh I know I got it all here.
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I've already decided, it's already notarized and everything.
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So it's like uh some kid who did extra credit at school just proudly showing it to the teacher.
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And um the fact that I was able to make that part less scary for her was, you know, it was it made me feel like, yeah, I did learn something from all this, and um, no one had to be dying at the time.
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Like this is just part of making like any kind of medical transition easier for people.
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That's such a proud moment.
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Yeah.
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And I was just gonna add to that, um, you know, the conversation that I've had with my mom from the very beginning is I know parents always don't want to feel like they're a burden for their children.
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And the way I approached it with my mom would be because, you know, again, English is not her language, it's in Cantonese.
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So I have to speak to her in Cantonese.
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And so I would say to her, you know, like, mom, I know you don't want to be a burden, but what would be very helpful is if I know what your wishes are ahead of time so that I can then just follow them, like I don't have to guess.
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And that's really what shifted a lot, because then it made her think, I was like, oh yeah.
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And she's one that likes to be in control, she's definitely the true matriarch.
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She, you know, so, and so for positioning it that way also gives them back the power.
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Like you're not trying to take over.
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Um, and similar to Holly, I've already um had those conversations about advanced care directive and things like that.
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But as long as many conversations as I've had with my mom, she has still yet to finalize any ACP form.
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So there's so many choices.
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And I think if we present it to our parents, you know, what they're what they can have a say in and start that conversation early, it can only help us.
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And the reason I say that is because she and my mom had to go to the emergency room and for an infection, we didn't know what was going on.
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But in the emergency room, they will always ask you, Are you a no code?
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What's your code status?
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And like Holly, because I've already had these conversations with her, when the doctor asked, and I translated to her, she said, Oh, no, I don't want anything.
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And that was all of it.
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Because if she was just posed that question while we were in the emergency trying to get care, that would have triggered her so much that she
would not have been able to even be compliant, cooperative, or anything.
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But because we've had those conversations before, she was like, Oh, no big deal.
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No, I don't want anything, you know?
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And that that was sort of like Holly, that's what we work so hard to try to achieve before any emergency, is to be able for them to say, Oh, I understand this.
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And yeah, that's uh that's powerful.
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Thank you so much for sharing.
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These stories show what a difference it makes to have these conversations before a crisis.
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But turning our wishes into a plan can be its own challenge.
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Kendra, could you tell us a little bit about Hera, your role there, and what drew you to this work?
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Absolutely.
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Thank you for having me, first of all, Jessica.
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Hera is a nonprofit law firm here in California.
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Uh, we're a group of attorneys that really tries to promote financial wellness.
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So we have foreclosure prevention teams, we have loan modification teams.
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So you'll notice a trend here.
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We really do a lot of work to try to preserve housing as well as transfer it on to the next generation, hopefully.
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And we're doing that through our relatively new estate planning team.
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I started it approximately 10 years ago.
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I will say, as an attorney, um I don't really like fighting.
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I never really liked conflict very much.
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So my estate planning was attractive because what we do with estate planning is prevent problems down the road.
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We want to prevent lawsuits between family members when they're feeling so very vulnerable.
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San Francisco assessors team noticed that we were doing some outreach work for estate planning, and they were starting to do a little bit of outreach, trying to encourage their constituents to at least consider placing their homes into a revocable trust so that when their property owners passed, it would be passed on in an organized manner, things wouldn't fall through the cracks, mortgage lenders would not foreclose on the property.
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Assessor recorder walking Torres, who has just been a wonderful advocate.
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Um, and he has created this wonderful situation where for San Francisco residents, and this is through private funding, we as a law firm, a nonprofit law firm, can create estate plans for San Francisco residents, oftentimes for very um a very low price, $400, something like that, as compared to private practice, where it's likely in the Bay Area going to be at least several, several thousand dollars.
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So could you explain estate planning in plain English?
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Absolutely.
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Estate planning, I think it's best to break it down into two groups of topics and two groups of final estate planning documents that will govern, as Holly and Elizabeth said, the latter stages of life, and then also govern how your assets will be distributed.
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So there's a part of estate planning that concerns what happens when we're incapacitated.
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Again, with Elizabeth and Holly's um anecdotes there.
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Of course, a medical team is going to want to speak with their patient and get direction from them anytime they can.
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However, if there is a situation where the medical team cannot get good answers from their patient, they need authority via an advanced health care directive or whatever you want to call it to speak with someone to share some medical information so that that nominee, that agent can advocate for the patient.
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Okay.
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Um, so on a well-crafted, a well-drafted healthcare directive, the person who creates it is going to indicate the person whom they wholeheartedly trust with their health care and hopefully give a second choice to.
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And then the second thing that will be on that document is how they want things done to them if they are in certain situations and what they don't want done to themselves.
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So that's a document, an advanced health care directive, that is only effective while we're alive and it goes away when we pass away.
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Likewise, an ad a durable power of attorney for financial purposes is a document where if someone lacks capacity, dementia, accident, medication, you know, due to treatment, if someone is unable to take care of their financial affairs, if they have created a power of attorney when they were with it, when they had capacity, nominating someone to oversee their financial affairs when they have dementia, Alzheimer's, if they're in a horrible accident, that nominee on that document can advocate for them with respect to financial transactions, pay their bills legally, file their taxes for them, or at least file for an extension so that if they're a younger individual and they do hopefully improve, their lives will be as good as possible given the hiccup in their life.
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So those are two documents that only concern in capacity.
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When people pass away, they go away.
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When people pass away, the main documents that are important are for homeowners, a well-crafted, revocable trust.
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That's a document a lawyer creates where you indicate a couple of things.
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You indicate the person who you want to distribute your assets according to your wishes when you are no longer here.
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And you also direct that distribution.
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So if you have a couple of children and you want everything to go equally to the children, you can state that.
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So again, if you are a homeowner, you will want that attorney to create a new deed, a trust transfer deed, to put your home into the trust.
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The trust is revocable.
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You completely own the home.
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You can sell that home whenever you wish.
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You can take the money, move to Tahiti.
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No, you are not restricted with what you are doing because it is still your own property.
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You just hold titles slightly differently.
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Instead of, you know, myself, if I own a home myself as trustee of my revocable trust, um, I still own it as compared to if I owned a home, Kendra, a single woman.
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So you still own the property.
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You can sell that home and purchase a new one into your trust.
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And then typically people do a little pour of a will.
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A will, remember, is subject to probate.
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So we don't want to have a false sense of security at all.
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If we have a will and we're a homeowner, it's probably not going to prevent probate in the Bay Area.
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So the two groups of issues, two groups of um documents we typically want are documents for incapacity, healthcare directive, HIPAA, and durable power of attorney for financial purposes.
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And then the documents that really typically kick in at Death are going to be a revocable living trust and your will, and then whatever assets have been titled to the trust.
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I think you mentioned something really interesting just now.
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So having a will doesn't necessarily mean your family will avoid probate.
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Correct.
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So, and the reason for that, Jessica, is in California, the probate threshold is $208,850.
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Gross.
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So when someone passes away and they have a will, the probate court will likely look at how much that person had.
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If that person had $300,000 in a bank account and had not utilized a tool to prevent probate, such as putting that account in a trust or alternatively putting beneficiaries on it, regrettably, that account and that will be subject to the probate process.
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There is an exception for a principal primary residence in California.
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If you do have a principal primary residence and it's worth less than $750,000 gross, we're not talking equity.
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We're talking the gross value of the property.
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But if it's under that, there could be exceptions to probate.
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However, as Bay Area residents and especially as San Francisco residents, you probably don't own a home that's worth less than $750,000.
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And the important thing is that is the gross amount.
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So for instance, if I have a client who has a condo in the city worth a million dollars and they have a loan against it of $800,000, they have come in to see me thinking, ah, not worried about it.
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It's below the probate threshold.
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Nope.
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The probate court sees you as owning an asset worth a million dollars.
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So wills can often be subject to probate if the person who created the will buys a home or inherits a home and doesn't get back to that attorney and says, aha, my situation has changed.
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I am now a homeowner.
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I think I need a trust.
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How can someone contact Hera and find out what help is available?
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We do have periodic workshops.
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You can check out our website, which is H-E-R-A, Hera Housing and Economic Rights Advocates.
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It's a mouthful.
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So we just go by HARA.
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If someone is serious about at least finding out if estate planning is appropriate for them, and keep in mind estate planning is appropriate for most people who are over the age of 18, some type of estate planning, at least planning for incapacity, they can contact us at inquiries at heraca.org.
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And that's inquiries at heraca.org.
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And typically when people contact us and state they are interested in estate planning, I have a wonderful team of around five estate planning attorneys now.
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They will be matched up with one of our staff attorneys, and they will have an initial conversation with that attorney: 30 minutes, 60 minutes to figure out what the proper scope of work would likely be for that individual.
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And then they will receive a price.
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It might be quite low because of our wonderful special project with the um assessor recorder's office right now, and and people can decide whether or not they would like to proceed.
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Got it.
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And uh what language support is available?
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As you know, a lot of people in San Francisco may not have English as their first language.
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Absolutely.
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We anticipate that one of our attorneys is fluent in Mandarin and Cantonese.
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I have an attorney who is fluent in Spanish.
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And um, we may have someone on boarded fairly soon who speaks Korean as well.
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And what documents does Hera help people prepare?
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Yeah, so Hera is very full service.
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We will typically, for homeowners, do the trust, the will, the deed, placing property they currently own into the trust.
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We will also prepare their durable power of attorney for financial purposes as well as their health care directive and HIPAA.
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So when people are ready to proceed, we really like to do everything very comprehensively.
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As stated earlier, these aren't the most pleasant subjects to talk about for some.
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So while people are in the mood, we like to try to get them to address all of these issues and create good documents.
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However, I will say with some of the big medical providers here, um, the one document if people are feeling Feeling highly motivated after listening to this today, that clients can prepare on their own, it would be a healthcare directive.
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Typically, your provider is more than happy to give you a blank copy of whatever they use as their healthcare directive.
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If you fill it out, indicate your wishes, indicate your chosen fiduciaries or agents, people whom you wholeheartedly trust, and indicate those names as well as some contact info and turn it back into your medical provider.
00:22:33.039 --> 00:22:34.960
That is great.
00:22:34.960 --> 00:22:42.480
And it's not as if a healthcare directive created by a lawyer is any better than one of those.
00:22:42.480 --> 00:22:50.160
It's all about who you trust and what how do you want this next stage in life to transpire?
00:22:50.160 --> 00:22:55.279
Keep in mind also that all of these documents are amendable and changeable.
00:22:55.279 --> 00:23:01.680
So for people who are on the fence, it's we hope we don't need them now or in the near future.
00:23:01.680 --> 00:23:10.400
It's better to do something now and put your intentions in writing with those you wholeheartedly trust as your nominees so that they're there if needed.
00:23:10.400 --> 00:23:13.680
And if they're not needed in the next 10 to 15 years, that's great.
00:23:13.680 --> 00:23:14.400
That's a win.
00:23:14.400 --> 00:23:17.680
You had you had peace of mind for those 10 to 15 years.
00:23:17.680 --> 00:23:25.759
At any time, someone, as long as they have proper um capacity, they can create a new healthcare directive indicating new people.
00:23:25.759 --> 00:23:31.119
They can create a new trust indicating a different successor trustee.
00:23:31.119 --> 00:23:34.559
Let's say they've, you know, fallen out with their prior nominee.
00:23:34.559 --> 00:23:35.279
That's okay.
00:23:35.279 --> 00:23:39.920
You can always change your um choices as indicated in your documents.
00:23:39.920 --> 00:23:45.599
So let that not be a barrier to creating documents that work for you now into the near future.
00:23:47.519 --> 00:23:48.319
Thank you so much.
00:23:48.319 --> 00:23:49.839
So helpful.
00:23:49.839 --> 00:23:55.279
And I know we only have a short amount of time to cover this very heavy topic.
00:23:55.279 --> 00:24:09.279
Um, but if there's one small thing that someone could do this week, what would you guys recommend each of you to a friend or family member that you could do to kind of move this conversation forward?
00:24:10.160 --> 00:24:20.400
Well, I'll go back to what I said a little bit ago because people can do this one document on their own as long as they sign it, you know, according to the requirements stated.
00:24:20.400 --> 00:24:23.359
It's typically two disinterested witnesses or a notary.
00:24:23.359 --> 00:24:25.759
Create your healthcare directive.
00:24:25.759 --> 00:24:34.559
And if you think you have one, but you have not looked at it for five or 10 years, please review it and make sure you are still highly comfortable with your choices.
00:24:34.559 --> 00:24:36.799
If you're not, it's good that you discovered that.
00:24:36.799 --> 00:24:49.599
Obtain a new copy either through your medical provider's portal or the next time you go in for a medical um appointment and create a new healthcare directive, complete it with two witnesses or a notary and turn it back in.
00:24:49.599 --> 00:24:51.839
Thank you.
00:24:52.240 --> 00:24:55.519
I'm so glad that Kendra talked about the medical directive.
00:24:55.519 --> 00:25:06.240
Um, if someone needs to do something like really small, like just right now, just think about who you would want to be your proxy and agent, especially if you'd never thought about this before.
00:25:06.240 --> 00:25:26.160
Um, and if you're pretty certain, or I mean, if you just want to talk to this person to ask them if they're comfortable with it, I think that's a convert you don't have to write it out on paper yet, but just start that conversation and then reflect for yourself like what's important to you, who's who you would trust to be your first choice, second choice, third choice.
00:25:26.160 --> 00:25:29.680
Um, and yeah, I mean, start these conversations.
00:25:29.680 --> 00:25:44.640
Um, another small thing someone can do that's not related to the medical directive is just very vague, very open, but oh my gosh, just reach out to people, like have some connection to your neighbors, your parents, your kids, your family
members, friends.
00:25:44.640 --> 00:25:46.960
Uh, it's kind of hard times all around.
00:25:46.960 --> 00:25:54.400
So just, you know, reach out to someone who you haven't talked to in a long time and just reestablish that communication.
00:25:54.400 --> 00:26:04.000
I had a friend who reached out to me the other day that was having a hard time and realized how much like I hadn't talked to that person in years, but it was like we could pick up where we left off.
00:26:04.000 --> 00:26:16.640
And I when I think about what matters to you at the end of life or throughout your entire life, um, those connections that you've made throughout your life are very important and they they're worth their weight their weight in gold.
00:26:16.640 --> 00:26:18.880
So make sure to do that.
00:26:19.759 --> 00:26:23.839
And just to piggyback off of um Kendra and Holly, it's the same thing.
00:26:23.839 --> 00:26:29.440
You know, we always want to see this for other people, but it really starts with ourselves first.
00:26:29.440 --> 00:26:37.039
Um, if we can set the example, then it makes it a little easier for others to follow.
00:26:37.039 --> 00:26:51.680
Um, you know, so I think just as Kendra said, look into your own medical directive and um have the conversations with the people that you feel that you think would want to be able to act on your behalf.
00:26:51.680 --> 00:26:59.839
And I will caution that even though you think they are the best person, whether it's the eldest sibling or the, you know, that may not always be the best choice.
00:26:59.839 --> 00:27:13.759
And you always want the person to buy in and to agree versus assuming that they're gonna do it, because it's a tall order to ask somebody, and the worst thing to do is to put someone down and not even have a conversation with them.
00:27:13.759 --> 00:27:25.759
So, so those um, you know, even though it just starts with ourselves, you already can see there are three kind of separate tasks, all wrapped up in this medical um directive form.
00:27:26.400 --> 00:27:34.160
And if I could just say one additional thing to it, Elizabeth just stated, don't choose people to make them feel good.
00:27:34.160 --> 00:27:36.640
You don't have to go with the oldest child.
00:27:36.640 --> 00:27:45.839
Really honestly assess the strengths and weaknesses of the people in your circle that you are considering for these potential roles of responsibility down the road.
00:27:45.839 --> 00:27:49.920
Um, yes, go with your gut and make your choices in that manner.
00:27:49.920 --> 00:28:00.720
And then one other thing that someone said earlier um if you're having discussions and parents state, gosh, well, I don't really want to be a burden, things like that.
00:28:00.720 --> 00:28:10.799
The biggest burden that parents can place on a child is doing nothing if they can do some pre-thinking about what is appropriate for them and their bodies.
00:28:10.799 --> 00:28:15.599
And this is with all the topics, all of the documents we're we're discussing today.
00:28:15.599 --> 00:28:30.079
But, and then if they can place that in writing with an attorney and formalize everything, sign notarized documents, file a trust transfer deed, that's one of the best gifts that parents can um give their kids.
00:28:31.759 --> 00:28:34.799
We started this conversation talking about Death.
00:28:34.799 --> 00:28:39.680
But we've also been talking about how to care for one another while we're still here.
00:28:39.680 --> 00:28:44.079
You don't have to figure out everything out today.
00:28:44.079 --> 00:28:52.319
Start with one conversation with a family member, a close friend, just someone you trust.
00:28:52.319 --> 00:28:56.559
Ask them about their wishes and share your own.
00:28:56.559 --> 00:29:00.400
Liz, Holly, and Kendra, thank you.
00:29:00.400 --> 00:29:10.799
We'll link Death Over Dimsom, Hera, and the other resources we discussed in the show notes, along with my earlier conversation with Joaquin Taurus from the Assessor Recorder's office.
00:29:10.799 --> 00:29:17.680
If someone came to mind while you were listening to this episode, please share with them.
00:29:17.680 --> 00:29:21.119
It might help you start that conversation as well.
00:29:21.119 --> 00:29:27.599
I'm Jessica Ho, and this is the Sunset Connection People, Property, and Policy.
00:29:27.599 --> 00:29:32.000
Take care of yourselves and each other, and I'll see you in the next one.