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

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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

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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.

If 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.

• How emotional manipulation turns into financial exploitation
• The difference between physical elder abuse and financial elder abuse
• Why a senior doesn’t need to lack capacity to be a victim
• Legal steps to stop abuse, even after a loved one has passed
• How restraining orders, emergency filings, and court action can help
• Why you don’t need proof—just concern—to get started

If 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.com

LinkedIn: https://www.linkedin.com/in/thelawyerking/

Youtube: https://www.youtube.com/@rachelkinglaw

Spotify: https://open.spotify.com/show/5ZIOh5b6kNo3KYojIA8vKw?si=91205d1a16194e67

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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

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

When 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 capacity
• What a durable power of attorney is—and how to use it effectively
• When and why conservatorship becomes necessary
• The difference between conservatorship of the person and conservatorship of the estate
• How to act quickly in an emergency with a temporary conservatorship
• The emotional side of these decisions—and how to keep peace in the family

My 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.com

LinkedIn: https://www.linkedin.com/in/thelawyerking/

Youtube: https://www.youtube.com/@rachelkinglaw

Spotify: https://open.spotify.com/show/5ZIOh5b6kNo3KYojIA8vKw?si=91205d1a16194e67

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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

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

What 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 necessary
• The legal process for obtaining a conservatorship in California
• The difference between conservatorship of the person vs. the estate
• How limited conservatorships can support independence
• When supported decision-making might be a better choice
• What documents and steps are required, including court filings and capacity declarations

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

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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

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

Divorce 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.com

LinkedIn: https://www.linkedin.com/in/thelawyerking/

Youtube: https://www.youtube.com/@rachelkinglaw

Spotify: https://open.spotify.com/show/5ZIOh5b6kNo3KYojIA8vKw?si=91205d1a16194e67

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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

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

Dividing 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.com

LinkedIn: https://www.linkedin.com/in/thelawyerking/

Youtube: https://www.youtube.com/@rachelkinglaw

Spotify: https://open.spotify.com/show/5ZIOh5b6kNo3KYojIA8vKw?si=91205d1a16194e67

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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

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

Divorce 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.com

LinkedIn: https://www.linkedin.com/in/thelawyerking/

Youtube: https://www.youtube.com/@rachelkinglaw

Spotify: https://open.spotify.com/show/5ZIOh5b6kNo3KYojIA8vKw?si=91205d1a16194e67

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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

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