Gavels Down, Voices Up with Attorney Rachel King

Have you ever wondered if you can fight a will or trust that feels unfair? In this episode of Gavels Down, Voices Up, I share one of the toughest questions I get in my practice: “My dad’s new girlfriend changed his will—can I do anything about it?” We’ll break down undue influence—what it is, how it shows up, and what kind of evidence you’ll need if you want to contest an estate plan. I’ll also share real-life stories, the red flags you should never ignore, and the steps you must take if you think your family’s legacy is at risk. If your gut tells you something isn’t right, you’re not alone—and the law may give you a path forward. What You’ll Learn in This Episode: What undue influence means in estate planning The red flags that suggest manipulation in will or trust changes How to gather the right evidence to build your case Why timing and capacity matter when challenging estate documents The first steps to take if you suspect foul play If you’re facing a suspicious estate plan change, don’t wait—act quickly, protect your family’s legacy, and know that you don’t have to walk through this alone. Want help reviewing a will or trust that doesn’t feel right? Visit me at thelawyerking.com to learn more. Ready to learn more about Rachel King: Website: https://rachelkingattorney.com LinkedIn: https://www.linkedin.com/in/thelawyerking/ Youtube: https://www.youtube.com/@rachelkinglaw Spotify: https://open.spotify.com/show/5ZIOh5b6kNo3KYojIA8vKw?si=91205d1a16194e67 --------------------------------------------------------------------------------- Rachel's book, "Getting Divorced: Now What?", is now available. Visit https://rachelkingattorney.com/ for more information and to get your copy. Hosted on Acast. See acast.com/privacy for more information.

When is the right time to step in and pursue a conservatorship for someone you love? It’s a question I hear all the time—and the answer is rarely simple. In this episode of Gavels Down, Voices Up, I break down what conservatorships really mean, how to recognize the early signs of incapacity (what I call the “dimmer switch effect”), and what responsibilities a conservator takes on once appointed. We’ll also talk about why it’s so important to act early if you see the red flags of financial exploitation or abuse, and what legal options exist before resorting to the courts. Whether you’re facing this decision now or preparing for the future, this episode will give you the clarity and confidence you need. What you’ll learn in this episode: The “dimmer switch effect” and how to recognize when someone is losing capacity The responsibilities and legal authority of a conservator The risks of waiting too long to intervene in cases of abuse or incapacity Why documentation and evidence are crucial when pursuing a conservatorship Alternative tools like powers of attorney and trusts that may help before court action Time stamps: 00:00 Introduction: The Dimmer Switch Effect 00:18 Welcome to Gavels Down Voices Up 00:53 Understanding Conservatorship 01:45 Recognizing the Early Signs 04:28 The Conservatorship Process 05:28 Responsibilities and Alternatives 06:34 Final Thoughts and Takeaways 07:06 Conclusion and Call to Action If you’ve been worried about an aging parent, a vulnerable loved one, or simply want to understand the process, this conversation will help you make informed and compassionate decisions. Ready to learn more about Rachel King: Website: https://rachelkingattorney.com LinkedIn: https://www.linkedin.com/in/thelawyerking/ Youtube: https://www.youtube.com/@rachelkinglaw Spotify: https://open.spotify.com/show/5ZIOh5b6kNo3KYojIA8vKw?si=91205d1a16194e67 --------------------------------------------------------------------------------- Rachel's book, "Getting Divorced: Now What?", is now available. Visit https://rachelkingattorney.com/ for more information and to get your copy. Keywords: conservatorship, conservatorship in California, elder law, incapacity planning, conservatorship process, conservatorship alternatives, power of attorney vs conservatorship, signs of incapacity, elder abuse prevention, guardianship vs conservatorship, estate planning, protecting seniors, legal protection for elderly, undue influence, family law Hosted on Acast. See acast.com/privacy for more information.

Have you ever been accused of mishandling a trust? It’s one of the most stressful and heartbreaking calls I get from clients—trustees who thought they were doing the right thing, only to find themselves under fire from unhappy beneficiaries. In this episode of Gavels Down, Voices Up, I break down what happens when a trustee is accused of wrongdoing, whether it’s mismanagement, self-dealing, or simply a lack of communication. I’ll walk you through the legal obligations of trustees, the common mistakes that spark accusations, and the steps you can take to protect yourself and your reputation. Being a trustee isn’t easy. You’re not just managing money—you’re balancing legal duties, family dynamics, and high emotions. That’s why I’m here to help you navigate these accusations with confidence, clarity, and compassion. Key Takeaways: What fiduciary duties trustees must follow—and why they matter The difference between actual mismanagement and perceived wrongdoing How to protect yourself against false claims as a trustee The role of transparency, communication, and record-keeping What legal remedies are available when things go wrong Timestamps: 00:00 Introduction: The Emotional Toll of Estate Conflicts 00:21 Welcome to Gavels Down Voices Up 00:57 Understanding Your Role as a Trustee 01:52 Common Mistakes and How to Avoid Them 03:10 The Boiling Point: Recognizing Trouble Early 04:41 Responding to Accusations Effectively 06:33 Myths and Mediation: Clearing Up Misconceptions 07:27 Final Thoughts and Getting Help 07:49 Conclusion: Protecting Your Role and Reputation If you’ve been accused—or if you’re currently serving as a trustee—this episode will give you the insight you need to do the job right and avoid costly mistakes. Don’t forget to subscribe for more legal insights that connect the courtroom to your kitchen table. Ready to learn more about Rachel King: Website: https://rachelkingattorney.com LinkedIn: https://www.linkedin.com/in/thelawyerking/ Youtube: https://www.youtube.com/@rachelkinglaw Spotify: https://open.spotify.com/show/5ZIOh5b6kNo3KYojIA8vKw?si=91205d1a16194e67 --------------------------------------------------------------------------------- Rachel's book, "Getting Divorced: Now What?", is now available. Visit https://rachelkingattorney.com/ for more information and to get your copy. Hosted on Acast. See acast.com/privacy for more information.

If you’ve just lost a loved one and are trying to make sense of what happens next—especially without a will—this episode is for you. I get this question all the time: “My dad just died… my aunt passed away yesterday… they didn’t have a will. Can we still do estate planning?” Here’s the short answer: no. Once someone passes, estate planning is no longer an option. But here’s the good news—you still have a legal path forward through probate. In this episode, I’ll walk you through what probate is, how it works in California, and what you can do today to protect the estate, even when it feels like chaos. What I Cover: The difference between estate planning and estate administration What California’s intestate succession laws say if there’s no will Who can open a probate case—and what assets require it Why you can’t “just transfer the house” or “write a will after death” What steps to take in the days and weeks after a loss Real stories from clients like Ana and Michael, who faced this same situation How to lead with clarity, courage, and legal authority Timestamps 00:00 – Intro: The question I hear every week from grieving families 01:25 – What estate planning is—and why it ends at death 03:10 – Estate administration: what you can still do 04:40 – Understanding intestate succession in California 06:20 – Who inherits when there’s no will 07:45 – What probate is and when you need it 09:10 – Why you can’t “fix” it with a backdated will or fake document 10:50 – Real-life examples: Ana and Michael’s stories 13:00 – Final thoughts: This is hard—but you’re not alone If you’re overwhelmed, grieving, and unsure what to do next, this episode will give you the guidance—and grace—you need. Ready to learn more about Rachel King: Website: https://rachelkingattorney.com LinkedIn: https://www.linkedin.com/in/thelawyerking/ Youtube: https://www.youtube.com/@rachelkinglaw Spotify: https://open.spotify.com/show/5ZIOh5b6kNo3KYojIA8vKw?si=91205d1a16194e67 --------------------------------------------------------------------------------- Rachel's book, "Getting Divorced: Now What?", is now available. Visit https://rachelkingattorney.com/ for more information and to get your copy. #ProbateWithoutWill #EstatePlanningAfterDeath #CaliforniaProbateLaw #NoWillWhatNow #RachelKingAttorney #GavelsDownVoicesUp #IntestateSuccession #LegalStepsAfterDeath #EstateAdministration #FamilyLawSupport Hosted on Acast. See acast.com/privacy for more information.

This episode is for anyone who just heard the words “Alzheimer’s,” “early-stage dementia,” or “progressive cognitive decline” in their medical file—or who stood next to someone who did. If you’re feeling overwhelmed, afraid, or unsure what to do next, know this: 👉 You are not behind. 👉 You still have time. 👉 And there is a plan. In this episode, I walk you through the four most important legal documents you need to protect your independence, your family, and your voice—before capacity slips away. We’ll talk about: What Alzheimer’s means in legal terms How to protect your finances and health care choices When capacity becomes a legal issue Why time is of the essence—and how to act with confidence This isn’t about fear. It’s about love, clarity, and peace of mind. Timestamps: 00:00 – Facing a new Alzheimer’s diagnosis: What now? 02:15 – You are not alone—and you are still in control 03:45 – Is it too late to do estate planning? (Hint: No.) 06:00 – The four documents every diagnosed person needs 10:30 – Why timing matters and what capacity really means 13:00 – Real client story: Maria’s proactive planning 16:00 – Why your spouse cannot act without documents 18:30 – The planning process, step-by-step 22:00 – Where to store your documents + who should have copies 24:00 – Final words of encouragement: You are still you. If you or a loved one has just received a diagnosis, you don’t have to wait for things to get worse to take action. You can create a plan now—while it’s still simple, clear, and fully in your control. Ready to learn more about Rachel King: Website: https://rachelkingattorney.com LinkedIn: https://www.linkedin.com/in/thelawyerking/ Youtube: https://www.youtube.com/@rachelkinglaw Spotify: https://open.spotify.com/show/5ZIOh5b6kNo3KYojIA8vKw?si=91205d1a16194e67 --------------------------------------------------------------------------------- Rachel's book, "Getting Divorced: Now What?", is now available. Visit https://rachelkingattorney.com/ for more information and to get your copy. #AlzheimersPlanning #LegalDocumentsAlzheimers #EstatePlanningWithDementia #DementiaDiagnosisHelp #GavelsDownVoicesUp #RachelKingAttorney #AdvanceHealthCareDirective #DurablePowerOfAttorney #RevocableLivingTrust #EarlyStageDementia #ProtectYourWishes #LegalPlanningAlzheimers #ElderLawCalifornia Hosted on Acast. See acast.com/privacy for more information.