Share
Gavels Down, Voices Up with Attorney Rachel King - Divorce Expert and Family Law
When #Family Drama Meets #RealEstate: True #Legal Tales
Season 1, Ep. 19
•
In this episode of Gavels Down, Voices Up, we delve into the legal nightmares surrounding home ownership. Drawing from a nearly decade-long experience in the courtroom, we’ll talk about real-life horror stories of families torn apart by title disputes and the importance of having everything in writing. From siblings battling over a house to the complexities of the statute of frauds, this episode is a must-listen for current and prospective homeowners.
In this episode, you will be able to:
1. Understand Judge Preferences: Gain insights into how judges make decisions and why understanding their preferences can help in framing legal arguments effectively.
2. Legal Complexities of Home Ownership: Learn about the legal issues related to home ownership, particularly around title issues, and how these can lead to significant disputes and litigation.
3. Importance of Written Agreements in Real Estate: The episode underscores the necessity of having written agreements for any real estate transactions, even among family members, to avoid legal complications and misunderstandings.
4. Risks of Informal Arrangements: Understand the risks associated with informal arrangements in real estate, as illustrated by the horror stories involving family disputes over property ownership.
5. Financial and Emotional Costs of Legal Disputes: The significant financial and emotional toll of prolonged legal disputes over property is highlighted, emphasizing the importance of clear, legal documentation.
6. Role of Family Dynamics in Legal Issues: The episode sheds light on how family dynamics can complicate legal matters, especially in situations involving inheritance and caregiving responsibilities, and the importance of having clear agreements to prevent conflicts.
Don't miss out on these cautionary tales and essential legal insights!
00:00 Introduction to Gavels Down, Voices Up
00:41 Meet Rachel King: Your Legal Guide
01:31 Understanding Judges and Courtroom Dynamics
02:25 Home Ownership Hassles: Legal Insights
04:33 Horror Story #1: Family Feud Over Home Ownership
10:39 Sponsor Break: King Law Firm
11:28 Horror Story #2: Sibling Dispute Over Inheritance
19:58 Conclusion: Lessons Learned and Final Thoughts
Learn more about Rachel King:
Website: https://thelawyerking.com/
LinkedIn: https://www.linkedin.com/in/thelawyerking/
YouTube: https://www.youtube.com/@thelawyerking
Instagram: https://www.instagram.com/thelawyerking/
Facebook: https://www.facebook.com/TheLawyerKing
#familydrama #courtroomdrama #siblingsfight #inheritancewars #inheritance #estateplanning #courtcases #case #problemsinthecourtroom #abusivefamily #legalmatters #case #court #familycourt #divorce #marriage #divorce #marriage #prenup #courtroomdrama #childcustody #maritalagreement #visitationrights #singleparent #singlemom #singledad #courtroomdrama #EstatePlanning #InheritanceConflicts #FamilyLegacy
More episodes
View all episodes
67. Avoid Probate the Right Way: What Your Family Needs to Know
06:00||Season 2, Ep. 67Here’s the truth: just having a will won’t help your family avoid probate—and if you’ve ever been told otherwise, this episode is a must-listen. I get this question all the time from grieving families wondering why they’re still stuck in court even though their parent left behind a will.In this episode, I’m setting the record straight on what a will actually does, why probate is still required in California, and how to build an estate plan that really protects your family. Plus, I’ll share Ana’s story—a real client who thought she was doing everything right but still got caught in a 15-month court process.What I Cover:What probate is and when it’s required in CaliforniaWhy wills still go through the probate processTools that actually help avoid court: living trusts, TOD deeds, joint ownershipCommon misconceptions about estate planningHow to create a full legal strategy—not just paperworkWhy making things easier for your kids starts with action todayIf your goal is to make life easier for your family, this episode will help you take the right steps forward—before it’s too late.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.#EstatePlanning #ProbateMyths #WillsAndTrusts #AvoidProbate #FamilyLawPodcast #RachelKingAttorney #GavelsDownVoicesUp #LivingTrust101 #CaliforniaProbateLaw #PlanSmart
66. How to Fight Back When Trustees Abuse Their Power
10:05||Season 1, Ep. 66If you’ve ever found yourself blindsided because a trustee or executor sold off assets without telling you, you’re not alone. In this episode of Gavels Down, Voices Up, I’m sharing the real-life story of a client who found out on Facebook that his father’s house was for sale—and what we did to stop it.I’ll explain your legal rights as a beneficiary, what you can do to take action immediately, and why moving quickly can make all the difference. You’ll also hear practical legal tools like notices of proposed action, lis pendens, and injunctions that help put the brakes on a trustee gone rogue.Remember, you deserve transparency. Even if you weren’t named as trustee or executor, you still have a right to information—and the law is there to back you up.What I Cover:What to do when you discover a secret saleSteps you can take to freeze assets before they disappearWhen to go to court for emergency ordersTrustee obligations and what happens if they breach their dutyWhy you can (and should) fight for your inheritanceTimestamps 00:00 – Intro: Trustee Selling Property Without Notice? 01:30 – What trustees and executors must do for beneficiaries 03:10 – Real-life example: discovering a home was sold online 04:50 – Red flags to look out for 06:30 – Steps to take immediately if a trustee goes rogue 08:10 – Injunctions and lis pendens explained 10:20 – How to demand information and an accounting 12:10 – Petitioning the probate court for trustee removal 13:50 – Why you need to act fast—and what happens if you wait 15:00 – Final thoughts: protecting your inheritance and your rightsIf you’re feeling lost, angry, or betrayed, I hope this episode reminds you that you have power. Let’s protect what’s yours before it’s too late.Subscribe 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.#ProbateHelp #TrusteeAccountability #ExecutorResponsibilities #StopTheBleed #ProbateLawyer #BeneficiaryRights #InheritanceProtection #RachelKingLaw #GavelsDownVoicesUp
65. What Happens If Your Loved One Dies Without a Will in California?
16:21||Season 2, Ep. 65When someone passes away without leaving clear instructions, chaos can follow—legal chaos, family chaos, emotional chaos. In this episode of Gavels Down, Voices Up, I break down exactly what happens when your loved one dies without a will in California. From courtroom confusion to family feuds, I’ll guide you through the messy middle and show you how to come out the other side informed, empowered, and prepared.Key Takeaways:What constitutes a valid will (and how to search for one)Who becomes executor if there’s no willHow California determines inheritance through the Probate CodeHow to create a family tree to identify heirsWhy hiring a probate attorney can save time, money, and stressSubscribe to never miss an episode. Next week, we’re diving into Conservatorships—what they are and why you need to know.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.#GavelsDownVoicesUp #RachelKing #NoWill #ProbateLaw #EstatePlanning #CaliforniaProbate #LegalAdvice #ExecutorTips #FamilyLaw #Podcast #LegalPodcast
64. Operation Rescue Grandma: Undue Influence and Elder Abuse
11:43||Season 1, Ep. 64If you think elder abuse only looks like bruises or hospital visits, think again. In this episode, I’m talking about the kind of abuse that happens quietly—through manipulation, isolation, and financial control. I’ve seen it happen with caregivers, neighbors, and even adult children. And I’m here to walk you through what to look for and how to stop it.We’ll talk about the red flags of undue influence, the emotional tactics used to pressure seniors, and the legal tools available to protect them—whether you're stepping in as a family member, friend, or advocate.In This Episode:How emotional manipulation turns into financial exploitationThe difference between physical elder abuse and financial elder abuseWhy a senior doesn’t need to lack capacity to be a victimLegal steps to stop abuse, even after a loved one has passedHow restraining orders, emergency filings, and court action can helpWhy you don’t need proof—just concern—to get startedIf your gut’s telling you something isn’t right with someone you love—listen to it. You don’t have to be 100% sure, and you don’t need a smoking gun to start asking questions. Elder abuse often hides in plain sight, and the sooner you step in, the better chance you have of protecting someone who can’t speak up for themselves.If you found this episode helpful, share it with a friend, talk about it with your family, and know that I’m here when you’re ready to take action. You are not alone in this.Subscribe 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.#ElderAbuseAwareness #UndueInfluence #FinancialAbuse #ProtectGrandma #ElderRights #LegalHelpForSeniors #StopTheSilence #RachelKingAttorney #FamilyLawSupport #GavelsDownVoicesUp
63. Facing Dementia in the Family: How to Protect Your Loved One Legally
20:36||Season 1, Ep. 63When someone you love starts showing signs of dementia, it can feel like the ground is shifting under your feet. I’ve worked with countless families who waited too long to take action—because they didn’t know what legal steps to take or when to take them. In this episode, I’m giving you clear, compassionate guidance on how to legally support a loved one experiencing cognitive decline.Whether you’re caring for a parent, a spouse, or another loved one, I’ll walk you through the difference between durable powers of attorney, advance health care directives, and conservatorships, so you know which tool to use and when.Here’s what I cover:Why a dementia diagnosis doesn’t always mean someone lacks capacityWhat a durable power of attorney is—and how to use it effectivelyWhen and why conservatorship becomes necessaryThe difference between conservatorship of the person and conservatorship of the estateHow to act quickly in an emergency with a temporary conservatorshipThe emotional side of these decisions—and how to keep peace in the familyMy advice? Don’t wait for a crisis. Legal planning is a form of love, and the earlier you act, the more options you have.If this episode helped you, please share it with someone who might be navigating the same challenges.Subscribe 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.#DementiaLegalPlanning #PowerOfAttorney #ConservatorshipExplained #CognitiveDeclineHelp #FamilyCaregiverSupport #CaliforniaElderLaw #GavelsDownVoicesUp #RachelKingAttorney #LegalToolsForCaregivers #DurablePOA
62. Limited vs. General Conservatorship: What’s Best for Your Adult Child?
16:24||Season 1, Ep. 62What happens when your child with a developmental disability turns 18 and becomes a legal adult? In this episode of Gavels Down, Voices Up, I break down everything parents need to know about establishing a conservatorship for an adult child with disabilities. We’ll explore the differences between general and limited conservatorships, when supported decision-making might be a better option, and how the legal process protects both your rights and your child's independence.What You’ll Learn:What a conservatorship is and why it might be necessaryThe legal process for obtaining a conservatorship in CaliforniaThe difference between conservatorship of the person vs. the estateHow limited conservatorships can support independenceWhen supported decision-making might be a better choiceWhat documents and steps are required, including court filings and capacity declarationsSubscribe 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.#ConservatorshipExplained #SpecialNeedsParenting #LegalSupportForDisabilities #Turning18WithDisabilities #CaliforniaConservatorship #FamilyLawPodcast #DisabilityRights #LimitedConservatorship #SupportedDecisionMaking #GavelsDownVoicesUp
61. Child Support, Spousal Support & Real Talk on Divorce Money
31:01||Season 1, Ep. 61Divorce brings major financial changes, and one of the biggest sources of conflict is support—both child support and spousal support. In this episode of, I break down the complexities of these legal obligations, explaining how child and spousal support are calculated, what factors courts consider, and the strategies you can use to navigate them effectively.I share insights from years in the courtroom, helping clients negotiate fair support agreements, and explain the key misconceptions people have about these obligations. Whether you're fighting for a fair deal or trying to avoid common pitfalls, this episode will equip you with the knowledge you need.In this episode, you’ll learn:How child support is calculated: Factors like income, timeshare, and tax status impact how much is paid.The realities of spousal support: How long it lasts, when it's required, and why it’s one of the most contentious issues in divorce.Common myths about support obligations: Why some people think they’re paying too much, while others believe they aren’t receiving enough.Ways to negotiate fair agreements: How to avoid unnecessary legal battles and reach a support agreement that works for both parties.What happens when support isn’t paid: The enforcement process and options for collecting overdue payments.Financial independence is key. Whether you're paying or receiving support, understanding your rights and options is essential. Subscribe 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.#DivorceSupport #ChildSupport #SpousalSupport #FamilyLaw #LegalAdvice #DivorceFinance #Alimony #ParentingAfterDivorce #CourtroomTips #MoneyMatters #DivorceHelp #LawyerLife #LegalInsights #FamilyCourt #DivorceSettlement
60. Avoid Hidden Financial Risks in Divorce
27:52||Season 5, Ep. 60Dividing assets and debts in a divorce can feel overwhelming, but having a solid understanding of how property division works can make all the difference. In this episode of Gavels Down, Voices Up, I break down the key aspects of financial separation, from classifying marital vs. separate property to understanding debt responsibility and the impact of tax implications.If you’re facing a divorce, knowing what you’re entitled to—and how to negotiate for a fair settlement—is crucial. I’ll guide you through the process, explain common pitfalls to avoid, and share strategies for protecting your financial future.In this episode, you’ll learn:🔹 How to determine what’s marital vs. separate property: Understand what assets and debts legally belong to each spouse and how to classify them correctly. 🔹 Why financial independence matters in a divorce: Securing your own financial stability can make post-divorce life significantly easier. 🔹 The truth about debt division: Just because a debt is in one spouse’s name doesn’t mean they are solely responsible for it. 🔹 How to protect yourself from hidden financial risks: Avoid common mistakes that could leave you in financial trouble after the divorce. 🔹 Why clear communication can make or break a settlement: Know how to negotiate fairly to ensure the best possible outcome.Navigating divorce finances doesn’t have to be overwhelming. Subscribe to Gavels Down, Voices Up for more expert insights, and visit gettingdivorcednowwhat.com for a free chapter of my book!If you found this episode helpful, please subscribe, leave a review, and share it with anyone who might benefit from these essential estate planning tips!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 upcoming book, "Getting Divorced: Now What?", is available soon. Visit https://rachelkingattorney.com/ for more information and to pre-order your copy.#DivorceFinances #MaritalProperty #DividingAssets #DivorceSettlement #FinancialIndependence #LegalAdvice #DivorcePlanning #MoneyMatters #DebtDivision #CommunityProperty #FairSettlement #DivorceSupport #FamilyLaw #SpousalSupport #LegalHelp
59. Legal Insights on Co-Parenting After Divorce: What You Need to Know
29:27||Season 1, Ep. 59Divorce is already an emotionally charged process, but when children are involved, it becomes even more complex. In this episode, I dive deep into the realities of custody and visitation. As an experienced family law attorney, I break down the different types of custody, what courts consider in custody battles, and why the "best interest of the child" is at the center of every decision.I also discuss the challenges of co-parenting post-divorce, why clear communication is crucial, and how to structure a parenting plan that works. Whether you're in the middle of a custody dispute or preparing for one, this episode will give you the knowledge and confidence to navigate the process.In this episode, you’ll learn:The difference between legal and physical custody: Understand what each means and how they impact your parenting rights.How courts determine the child’s best interest: Judges prioritize the child’s well-being, not the parents' preferences.The role of parenting plans in co-parenting success: A well-crafted plan can minimize conflict and set clear expectations.What to expect in mediation and court proceedings: Learn what goes into custody hearings and how to prepare.Why custody agreements can be modified: Life changes, and so can your custody arrangement if circumstances shift.The more you know, the better equipped you'll be to advocate for your family. Subscribe to Gavels Down, Voices Up for more expert insights and legal resources that help you through every step of the process.If you found this episode helpful, please subscribe, leave a review, and share it with anyone who might benefit from these essential estate planning tips!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 upcoming book, "Getting Divorced: Now What?", is available soon. Visit https://rachelkingattorney.com/ for more information and to pre-order your copy.#FamilyLaw #CustodyBattle #DivorceSupport #CoParentingTips #LegalAdvice #ChildCustody #DivorceHelp #FamilyCourt #LegalRights #ParentingPlan #CustodyAgreement #FamilyLawyer #CourtMediation #BestInterestOfTheChild #DivorceAttorney