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.

• 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.

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.

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 a power of attorney is—and why timing matters
• The legal difference between POA and conservatorship
• Real-life stories of families facing medical crises without legal authority
• How to get a capacity declaration from a doctor
• Step-by-step breakdown of the conservatorship process
• What documents to gather, who can help, and how to protect your parent fast
• Encouragement if you’re feeling scared, overwhelmed, or unsure

You 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.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.

#MedicalCrisisHelp #NoPowerOfAttorney #EmergencyConservatorship #EstatePlanningCrisis #LegalHelpForFamilies #HospitalPOA #RachelKingAttorney #GavelsDownVoicesUp #CaregiverSupport #ProbatePodcast

Hosted on Acast. See acast.com/privacy for more information.

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.

• Why estate planning often gets overlooked before big life events
• What documents are essential when you're in a hurry
• How to legally protect your family even with limited time
• Emergency myths I hear all the time (and why they’re wrong)
• Why starting small is better than doing nothing at all
• How to future-proof your plan when you get back

If 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 think

01:30 – What is emergency estate planning?

03:10 – The must-have legal documents before travel, surgery, or deployment

04:50 – Real client story: Full plan in 8 days before a Europe trip

06:40 – What California allows in a legal emergency

08:00 – Why powers of attorney are more than just paperwork

09:25 – Don’t aim for perfect—just aim to start

11:00 – How to upgrade your plan when you’re back

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.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.

#EmergencyWills #EstatePlanningForTravel #LegalPrepBeforeSurgery #QuickEstatePlan #AdvanceDirective #PowerOfAttorney #ProtectYourKids #RachelKingAttorney #GavelsDownVoicesUp #FastLegalHelp

Hosted on Acast. See acast.com/privacy for more information.

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 tomorrow

If 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.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.

#NoWillNowWhat #CaliforniaProbateLaw #IntestateSuccession #RiversideProbate #EstateAdministration #GavelsDownVoicesUp #RachelKingAttorney #ProbateExplained #ExecutorSupport #LegalStepsAfterDeath

Hosted on Acast. See acast.com/privacy for more information.

Here’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 probate is and when it’s required in California
• Why wills still go through the probate process
• Tools that actually help avoid court: living trusts, TOD deeds, joint ownership
• Common misconceptions about estate planning
• How to create a full legal strategy—not just paperwork
• Why making things easier for your kids starts with action today

If 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.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.

#EstatePlanning #ProbateMyths #WillsAndTrusts #AvoidProbate #FamilyLawPodcast #RachelKingAttorney #GavelsDownVoicesUp #LivingTrust101 #CaliforniaProbateLaw #PlanSmart

Hosted on Acast. See acast.com/privacy for more information.

If 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 to do when you discover a secret sale
• Steps you can take to freeze assets before they disappear
• When to go to court for emergency orders
• Trustee obligations and what happens if they breach their duty
• Why you can (and should) fight for your inheritance

Timestamps

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 rights

If 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.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.

#ProbateHelp #TrusteeAccountability #ExecutorResponsibilities #StopTheBleed #ProbateLawyer #BeneficiaryRights #InheritanceProtection #RachelKingLaw #GavelsDownVoicesUp

Hosted on Acast. See acast.com/privacy for more information.

When 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.

• What constitutes a valid will (and how to search for one)
• Who becomes executor if there’s no will
• How California determines inheritance through the Probate Code
• How to create a family tree to identify heirs
• Why hiring a probate attorney can save time, money, and stress

Subscribe 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.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.

#GavelsDownVoicesUp #RachelKing #NoWill #ProbateLaw #EstatePlanning #CaliforniaProbate #LegalAdvice #ExecutorTips #FamilyLaw #Podcast #LegalPodcast

Hosted on Acast. See acast.com/privacy for more information.