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

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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.

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

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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.

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

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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.

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