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 planningThe red flags that suggest manipulation in will or trust changesHow to gather the right evidence to build your caseWhy timing and capacity matter when challenging estate documentsThe first steps to take if you suspect foul playIf 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.comLinkedIn: https://www.linkedin.com/in/thelawyerking/Youtube: https://www.youtube.com/@rachelkinglawSpotify: 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.

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 capacityThe responsibilities and legal authority of a conservatorThe risks of waiting too long to intervene in cases of abuse or incapacityWhy documentation and evidence are crucial when pursuing a conservatorshipAlternative tools like powers of attorney and trusts that may help before court actionTime stamps:00:00 Introduction: The Dimmer Switch Effect00:18 Welcome to Gavels Down Voices Up00:53 Understanding Conservatorship01:45 Recognizing the Early Signs04:28 The Conservatorship Process05:28 Responsibilities and Alternatives06:34 Final Thoughts and Takeaways07:06 Conclusion and Call to ActionIf 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.comLinkedIn: https://www.linkedin.com/in/thelawyerking/Youtube: https://www.youtube.com/@rachelkinglawSpotify: 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

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 matterThe difference between actual mismanagement and perceived wrongdoingHow to protect yourself against false claims as a trusteeThe role of transparency, communication, and record-keepingWhat legal remedies are available when things go wrongTimestamps:00:00 Introduction: The Emotional Toll of Estate Conflicts00:21 Welcome to Gavels Down Voices Up00:57 Understanding Your Role as a Trustee01:52 Common Mistakes and How to Avoid Them03:10 The Boiling Point: Recognizing Trouble Early04:41 Responding to Accusations Effectively06:33 Myths and Mediation: Clearing Up Misconceptions07:27 Final Thoughts and Getting Help07:49 Conclusion: Protecting Your Role and ReputationIf 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.comLinkedIn: https://www.linkedin.com/in/thelawyerking/Youtube: https://www.youtube.com/@rachelkinglawSpotify: 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.

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 administrationWhat California’s intestate succession laws say if there’s no willWho can open a probate case—and what assets require itWhy you can’t “just transfer the house” or “write a will after death”What steps to take in the days and weeks after a lossReal stories from clients like Ana and Michael, who faced this same situationHow to lead with clarity, courage, and legal authorityTimestamps 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 aloneIf 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.comLinkedIn: https://www.linkedin.com/in/thelawyerking/Youtube: https://www.youtube.com/@rachelkinglawSpotify: 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

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 termsHow to protect your finances and health care choicesWhen capacity becomes a legal issueWhy time is of the essence—and how to act with confidenceThis 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 control03:45 – Is it too late to do estate planning? (Hint: No.)06:00 – The four documents every diagnosed person needs10:30 – Why timing matters and what capacity really means13:00 – Real client story: Maria’s proactive planning16:00 – Why your spouse cannot act without documents18:30 – The planning process, step-by-step22:00 – Where to store your documents + who should have copies24:00 – 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.comLinkedIn: https://www.linkedin.com/in/thelawyerking/Youtube: https://www.youtube.com/@rachelkinglawSpotify: 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

If you’re listening with a lump in your throat and your parent is in the hospital—unconscious, sedated, or confused—and no one has legal authority to act, this episode is for you.I’ve had so many families come to me in these exact moments: overwhelmed, afraid, and unsure of what to do next. In this episode, I’m walking you through what actually happens when a power of attorney wasn’t signed in time—and what legal options you still have to help your loved one.We’ll talk about how conservatorships work, what paperwork you need to start, and how to move quickly even in emergencies. This isn’t just legal education—it’s real talk for real life.What I Cover:What a power of attorney is—and why timing mattersThe legal difference between POA and conservatorshipReal-life stories of families facing medical crises without legal authorityHow to get a capacity declaration from a doctorStep-by-step breakdown of the conservatorship processWhat documents to gather, who can help, and how to protect your parent fastEncouragement if you’re feeling scared, overwhelmed, or unsureYou didn’t fail your parent. You’re doing your best in an impossible moment—and I’m here to help you take the next right step.Subscribe to never miss an episode.Ready to learn more about Rachel King:Website: https://rachelkingattorney.comLinkedIn: https://www.linkedin.com/in/thelawyerking/Youtube: https://www.youtube.com/@rachelkinglawSpotify: 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.#MedicalCrisisHelp #NoPowerOfAttorney #EmergencyConservatorship #EstatePlanningCrisis #LegalHelpForFamilies #HospitalPOA #RachelKingAttorney #GavelsDownVoicesUp #CaregiverSupport #ProbatePodcast

Got a trip coming up? Surgery scheduled? Deployment orders in hand? You’re not alone—and if you’ve suddenly realized you don’t have a will or any legal documents in place, you’re in good company.In this episode of Gavels Down, Voices Up, I walk you through how to get your emergency legal essentials in place fast. We’ll talk about what really matters when time is tight, what California law allows in a pinch, and how to move from panic to peace of mind—without sacrificing quality.You’ll also hear about a real couple I worked with who needed a full estate plan in under 8 days before flying to Europe. Spoiler: we made it happen, and they came back with smiles instead of stress.What I Cover:Why estate planning often gets overlooked before big life eventsWhat documents are essential when you're in a hurryHow to legally protect your family even with limited timeEmergency myths I hear all the time (and why they’re wrong)Why starting small is better than doing nothing at allHow to future-proof your plan when you get backIf you're packing a suitcase, prepping for surgery, or just feeling that “what if” whisper in your gut—this episode is for you.Timestamp:00:00 – Why last-minute planning is more common than you think01:30 – What is emergency estate planning?03:10 – The must-have legal documents before travel, surgery, or deployment04:50 – Real client story: Full plan in 8 days before a Europe trip06:40 – What California allows in a legal emergency08:00 – Why powers of attorney are more than just paperwork09:25 – Don’t aim for perfect—just aim to start11:00 – How to upgrade your plan when you’re backSubscribe to Gavels Down, Voices Up for more legal insights, and visit gettingdivorcednowwhat.com to grab a free chapter of my book!Ready to learn more about Rachel King:Website: https://rachelkingattorney.comLinkedIn: https://www.linkedin.com/in/thelawyerking/Youtube: https://www.youtube.com/@rachelkinglawSpotify: 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.#EmergencyWills #EstatePlanningForTravel #LegalPrepBeforeSurgery #QuickEstatePlan #AdvanceDirective #PowerOfAttorney #ProtectYourKids #RachelKingAttorney #GavelsDownVoicesUp #FastLegalHelp

No will? No plan? No idea what happens next?You’re not alone—and if you're in California, especially Riverside County, this episode is for you.In this episode of Gavels Down, Voices Up, I walk you through exactly what happens when someone dies without a will. We’ll break down California’s intestate succession laws, what probate looks like when there’s no estate plan, and who inherits—legally—not emotionally. I’ll also share some hard but real truths about stepchildren, half-siblings, estranged relatives, and what happens when the law takes over your family’s future.Timestamps 00:00 – Intro: No will? Don’t panic—start here 01:35 – What is intestate succession? 03:15 – Who inherits when there’s no will in California 05:10 – Married couples: community vs. separate property 06:45 – What happens with adult children, half-siblings, and extended family 08:30 – Riverside County probate court: what to expect 10:05 – The truth about stepchildren and domestic partners 12:00 – What to do now if you’re facing this situation 14:10 – Why estate planning today prevents heartbreak tomorrowIf your loved one died without a will, you still have options—but you also have rules.California law lays out who gets what when there’s no plan, and it doesn’t always align with family expectations. If you’re overwhelmed, uncertain, or angry about what’s unfolding, this episode will help you understand your rights and make your next move with confidence.Subscribe for more real legal talk—from the courtroom to your kitchen table.Ready to learn more about Rachel King:Website: https://rachelkingattorney.comLinkedIn: https://www.linkedin.com/in/thelawyerking/Youtube: https://www.youtube.com/@rachelkinglawSpotify: 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.#NoWillNowWhat #CaliforniaProbateLaw #IntestateSuccession #RiversideProbate #EstateAdministration #GavelsDownVoicesUp #RachelKingAttorney #ProbateExplained #ExecutorSupport #LegalStepsAfterDeath