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Marriage is considered by most to be a blessed event that binds two lives together. But no matter how much we all want to believe in happily ever after, the hard, cold truth is that a healthy percentage of marriages in the U.S. fail within fifteen years. No matter the reason — including age, family background, income and intimacy — some marriages just don’t last. If you’re contemplating divorce, one thing that must be considered is whether to file for spousal support. There’s a misconception that spousal support, or alimony, is a given, when in reality, only ten to fifteen percent of divorces contain a claim for support. So, what is spousal support and what does it mean for you in the event of a divorce? Spousal support is money paid from one spouse to another within a reasonable amount of time in order for both parties to sustain the standard of living established during the marriage. In other words, spousal support keeps a spouse from suffering a standard of living decrease due to the inability to secure stable employment or a job that affords them the lifestyle they are accustomed. California is a no-fault divorce state, which means the circumstances behind the filing of divorce do not play a part in which party pays support. Factors that are considered include: Marketable skills and job market potential; How earning capacity is affected by long periods of unemployment; Whether training must be sought; Which partner can sustain the highest standard of living; Age, health, debts, property and tax impact; and The duration of the marriage. That last factor is the most important, as it is one of the major factors in determining the length of spousal support. Though the judge has some discretion, California law dictates a difference between short- and long-term marriages. A short-term marriage is one that dissolves within ten years. In this case, spousal support generally lasts for half the length of the marriage, which means if you were married for six years, support would last for three. A long-term marriage is one that lasts over ten years. In this case, there is no absolute time limit, which means the judge may allow spousal support to continue into perpetuity, or until a petition for termination is presented to the court. This may include: A court order terminating the original order; The receiving spouse remarries, moves in with a partner (cohabitation), is promoted or receives a dramatic raise in pay; or The paying spouse loses a job, retires or receives a dramatic reduction in pay. No matter the situation, when spousal support is sought in a divorce, legal separation or annulment, it’s always best to retain an attorney to protect you so that you don’t wind up losing more than you should.

It may not seem like it, but there are a lot of things to consider when dealing with a loved one’s death beyond funeral arrangements. One must be prepared to notify heirs and/or beneficiaries, safeguard and distribute the decedent’s assets, pay off any outstanding obligations, and manage the liquidation of investment portfolios, retirement funds and bank accounts. Anyone can choose to tackle these tasks, but this can place an unwanted burden on the party in question. That is why hiring a fiduciary —a professional, independent third party who holds an ethical and/or legal responsibility of trust — to act on your behalf is always recommended. Though a fiduciary (also known as a Professional Trustee or Professional Estate Administrator) can be appointed by the courts, it’s always best to consider whether you want to hire a professional fiduciary prior to someone’s passing, which can make the probate process much easier and smoother than waiting until the last minute. A professional fiduciary: Must be licensed and insured. Professional fiduciaries must obtain a license from the state they’re practicing in as well as maintain an insurance policy to prevent losses in the case of negligence. This is not true for a family member. Is held to fully regulated fiduciary standards. Professional fiduciaries must ensure the decedent’s finances and estate are secure, protected and confidential, and adhere to strict policies that prevent the misappropriation of funds. A family member does not have to follow these standards. Obligated to maintain trust and loyalty. People tend to hold grudges, so when an argument occurs between beneficiaries, or it’s determined that fiduciary responsibilities would be better handled by someone else, this may lead to jealousy or resentment. A professional fiduciary does not allow this type of personal circumstance to affect their fiduciary responsibilities. Have a working knowledge of state and federal laws. Not just anyone knows the ins-and-outs of speaking with attorneys, accountants and other professionals one may have to deal with during the probate process. Professionals fiduciaries understand how to cultivate these financial and legal processes. Must not profit from their position. Using the fiduciary position for the purposes of financial improvement, including taking a loan against the beneficiary’s finances, is something a professional fiduciary is forbidden to do. This isn’t the case for a family member who may only agree to these responsibilities from a place of greed. Help avoid fights over the management of the estate. Arguments over the estate may arise between beneficiaries and be difficult to resolve. Because a professional fiduciary is unattached from the estate, they are better able to limit any type of infighting that may arise. Saves you time. Most people who might take on this position already have plenty of obligations, including work and family, that take precedence over their duties as a fiduciary, whereas a professional is always focused on these duties.

If you didn’t know who Donald Trump was before his meteoric rise into the Presidency, you definitely know who he is now. Born to wealthy parents who ran a successful real estate business, Trump grew up learning the skills he would need to foster his own real estate empire, which includes plenty of hotels, casinos and golf courses worldwide. And although Trump had an advantage above most when it came to his success, anyone can start a business with nary a dime to their name and rise to the heights of global success. Take Steve Jobs, for example, who founded Apple in his garage before utilizing his interpersonal skills to build relationships that helped him grow the brand into the innovative sensation it is today. It’s no secret that, even with connections or access to the necessary finances, building any type of business can be an arduous task. In fact, not even Trump was immune to economic dry spells. It’s how you approach those hardships when they arise that determines your resolve.  Facing bankruptcy in the early nineties, Trump used his controversial personality to enhance what he had learned in deal making and negotiation to save and rebuild his legacy into one of the most well-known brands in the world. There are an incredible number of factors that must be taken into consideration when deciding to start a business. The first and most important is what type of entity you wish to form: a sole proprietorship, a partnership, a limited liability corporation or a corporation. Choosing a sole proprietorship is the fastest, easiest way to start a business. There’s no formal paperwork or major legal formalities to deal with, no shareholder meetings or corporate minutes to worry about, and instead of a board of directors that must be involved in every major decision, the owner has full control over every aspect of the business. On the other hand, the owner is also liable for all business debts, which means the owner is putting all their personal assets at risk. With a corporation, shareholders and board members aren’t liable for corporate debts, it’s far easier to raise money (by creating and selling stocks and acquiring investors), and the entity comes with much more tax benefits in a variety of areas. Above all else, building a business takes time, patience, tenacity, negotiations, compromise and a willingness to take risks. More importantly, it takes trust, both in yourself to be able to do what needs to be done, as well as those you put faith in to help build your dream. Without it, you’re on the road to failure before you even begin.

As a society, we all wish to provide our children with a happy, safe, healthy life. That’s not to say there aren’t those who deliberately or inadvertently disrespect, ignore or otherwise harm their children. When that happens, though, there’s usually someone willing to care for the child in a responsible, loving manner. For the majority of those seeking to care for a child who is not biologically theirs, establishing a guardianship is usually the best option. Guardianship is the granting of legal rights, which can be temporary, to someone who is not the biological parent of a minor and which allows the guardian to provide the financial, medical and nurturing responsibilities that come with caring for a child. This can be a relative, friend or a foster caregiver. Adoption is often confused for guardianship because it’s what most people understand, but when a child is adopted, the biological parents relinquish all rights to the child, locking themselves out of ever having any say in the child’s life, regardless of whether they become fit to provide adequate care for the child in the future. There are many reasons why someone may seek guardianship of a child, including: The parents are deceased; The child lives in unsafe conditions due to drug, alcohol, mental or physical abuse; The biological parents are unable to feed or cloth their child, provide a stable income or adequate medical care, or abandon their child; The biological parent is in the military and must be deployed; or The parent is incarcerated. One of the reasons that makes guardianship a better option in most cases is that guardianship is not permanent. Firstly, responsibility over the child ends when they turn eighteen. More importantly, unless the biological parents are deceased, guardianship allows for the possibility of reuniting the child with their biological parents. The rights of the parents are not relinquished in guardianship, which means if the court finds that one or both parents are fit to provide adequate care for the child, they may regain custody. Unless a court says otherwise, the parents can also retain a variety of rights, including that of visitation. People may also acquire guardianship of the estate, which allows someone to gain control over the management and safeguarding of the child’s income, money and property until they become eighteen. Generally, the same person will receive both guardianships, though in some cases, this responsibility could be divided among different people. It’s always best to consult a lawyer if you’re to be the guardian of an estate, as complying with the relevant fiduciary duties is very important. Providing the safest, healthiest environment for a child is a major undertaking, so make sure you’re prepared for the responsibility by seeking a custody arrangement that is in the best interests of both you, the child and in a lot of cases, the biological parent(s).

Coping with the death of a loved one can be a very painful time for anyone. In a perfect world, you’d be able to mourn your loss in peace. Unfortunately, we don’t live in a perfect world; when a loved one dies, there are a litany of personal and legal matters that must be attended to in a timely manner. The following are the most important steps you’ll need to take within weeks of a loved one’s death. 1. Report the death and request multiple certified copies of the death certificate You won’t be able to do much else until you acquire a death certificate. Several of the agencies you’ll be contacting will request a copy to have on record. You’ll also want to acquire a letter of testament, which tells government and financial agencies that you have been named to handle the deceased’s affairs. 2. Arrange funeral (or cremation services) and write an obituary Before speaking to a funeral director, find out if your loved one has pre-paid burial arrangements, especially if they’re a veteran. From there, you’ll arrange what type of service will be conducted, how the body will be prepared, and personally contact friends and family. It’s a good idea to appoint certain people to inform larger groups so as to keep your emotional turmoil to a minimum. Writing an obituary or death notice will also allow you to spread the word on a larger scale, but be aware that releasing too much personal information in an obituary or on social media platforms may lead to malicious attempts to steal the deceased’s identity. 3. Begin the probate process Probate begins by checking whether your loved one has a will or trust in place. After taking the will to the county or city office, a court date will be set to name an executor to take care of all the deceased’s affairs. If no will is in place, this process can be a lot more complicated. It’s also a good idea to open a separate bank account to handle the deceased’s assets until the process comes to a close. 4. Contact authorities of the deceased assets There are a lot of agencies you’ll need to contact to close out personal accounts, cancel memberships and end monthly billing. These may include: accountants, banks, life insurance agencies, pension agencies, utility companies, mortgage agencies, credit card companies, loan providers, creditors, unions, veteran’s affairs, the social security office and the post office. You will also want to find out what legal filings the state requires. Above all else, being overwhelmed can easily lead to mistakes and cause liability issues to arise, so it’s always a good idea to contact a lawyer who specializes in wills, trusts and probate, even if it’s simply for a consultation. They’ll be able to save you time, money and help guide and support you in this arduous process.

It was only one month ago we lost two iconic celebrities who also happened to be family. Character actor, writer and loving philanthropist Carrie Fisher (best known for her role as Princess Leia in Star Wars) passed away on December 27, 2016 after suffering a major heart attack. The next day, her mother, actress Debbie Reynolds, followed her to the next life after suffering a severe stroke. Both Fisher and Reynolds had long, prolific careers and will be missed by both the industry and the public. And while their deaths are still fresh in the minds of the public, the last thing on anyone’s mind is the California Probate Code, which may already have requirements that must be addressed. Celebrities like Fisher and Reynolds are often viewed as having the perfect life, only friends and family are aware of what’s happening behind the veil. What ardent fans don’t often see when it comes to the death of a beloved celebrity is the grief felt by those they left behind and the trouble that can follow in their personal lives if the deceased doesn’t have their house in order when they pass. It doesn’t matter if you’re a celebrity or a box store clerk; when someone dies, they don’t just leave behind a legacy. Every family must arrange a funeral and organize or manage the deceased’s estate. For the majority of us, that means going through a simplified probate process, which allows for a much easier allocating of the deceased’s assets. For anyone whose assets are greater than $150,000 or for those who own real estate, this can become a lot more arduous, especially if there’s no will or trust, a lot of insurance matters, community property issues or family conflicts. Attempting to handle this all yourself could turn into a long, stressful process in an already highly emotional situation. It’s always better to, at the very least, consult a lawyer when having to deal with probate so that you can be proactive. This will help limit the problems that may arise and simplify the process, which will allow family members and friends to grieve and remember their loved ones in peace.

On March 9, 2016, the Economic Development Corporation Southwest California held their annual awards presentation where they presented eight awards to businesses in the region. ( http://edcswca.com/asapawards/). King Law Firm was honored with an award for 2015 Outstanding Business of the Year (Medium Business). King Law Firm was “recognized as having sustained its organization through expansion, acquisition, adaption, and/or construction of products, services, or processes, to remain competitive in their industry.” King Law Firm was also nominated in three other categories: Innovative Business of Southwest California, Emerging Business of Southwest California, and Signature Business of Southwest California. King Law Firm wishes to thank the EDC for this honor! - The EDC is an organization that promotes economic development through business retention and development, job opportunities, and related economic growth. www.edcswca.com

Did you know that Robin Williams’ widow challenged his estate plan? This may seem even more unbelievable after you find out that she was completely provided for! In today’s information seeking society, it’s no surprise that this made front page news: Robin Williams is arguably the funniest man in history and a millionaire to boot. What you may not know is that this doesn’t just happen to those who gain celebrity status. In fact, there are a multitude of reasons that your estate plan could end up in probate court. Whether you’re a billionaire or of more modest status, there’s a lot to consider when planning for a smooth transfer of your estate to your heirs. An estate plan should be tailored to each unique individual or family. In this era of yours, mine, and ours planning ahead can help save money and family relationships once you’re no longer here. The legal process that takes place after someone dies, called probate, can be costly and eat away at the inheritance you thought would go to your family. Estate planning can help to avoid costly probate and allow your assets to transfer to your heirs without getting held up in a lengthy court process. You can take steps now that will limit the likelihood of challenges upon your passing. Including provisions in your will and trust can discourage beneficiaries from arguing over who gets what. One common way of doing this is to include a no contest clause. This means that if one of your heirs stands to inherit $15,000, but tries to sue the estate, he could wind up with nothing. Discussing your estate plan with those provided for in your plan is a good idea. The first time your child learns about how your property is going to be divided should not be when they are mourning the death of their parent(s). Make your intent clear in your estate plan- why are you making the plan, what do you want to happen. If you are making certain decisions, have it be known why you are making these decisions. Remember, once you are gone no one will be able to ask you. Sometimes this can be done through conversation, sometimes in is better done in a letter kept in the estate plan that can be read. I think this is especially important when there are unequal divisions of property. For example: if one child is not getting a cash gift because you previously gave them the down payment for a house, explain that…. Planning for your family’s future can be intimidating, but it’s so important. If you have questions about your estate plan, need an update, or would like to create a plan, don’t wait to call your local attorney. Rachel King Attorney at Law King Law Firm 41690 Ivy Street, Suite B Murrieta, CA 92562 Office (951) 834-7715 Fax (951) 319- 7129

California has had a long and at times confusing history with regard to same-sex marriage. Many within the LGBT community have been married in the periods of time when same-sex marriage was legal. In the past, some of those couples may have faced issues when seeking a divorce, since the state, in addition to other states, ceased to recognize these unions. California has since granted divorces to same-sex couples, despite their residency at the time they sought the divorce. Obviously the landscape has changed quite a bit with the recent United States Supreme Court decision handed down on June 26, 2015, in Obergefell v. Hodges. This decision validates all marriages, regardless of sexual orientation and/or gender, ruling that all states must now recognize same-sex marriages. With this ruling comes several implications including the right to certain tax benefits, health benefits, etc. that were previously only available to heterosexual, married couples.   A reality of marriage is divorce. While California already has procedures in place to end domestic partnerships and civil unions, we could now see more same-sex couples seeking divorces, since same-sex marriages are now recognized. It will be interesting to see how existing civil unions and/or domestic partnerships are handled in CA, whether the state will begin to automatically change these unions to a marriage or whether steps must be taken by the couple to have their union recognized as an official marriage. Some states already automatically convert these unions to marriages but it is important to understand what your state will do should you seek to end the union, as there are different procedures that apply to each.   Now that these couples and their marriages are equal in the eyes of the law, there is an increased need for same-sex couples to seek legal advice if there are any concerns heading into the marriage (pre-nuptial agreements, etc.) as well as when it looks as though the marriage is ending. No matter the reasons for a divorce, it can be a stressful and emotional experience. It is always in a person’s best interest to seek legal advice in these circumstances and now it is even more relevant for those entering into or ending a same-sex marriage.

Ben and Jen, Gwen and Gavin, Blake and Miranda, Miss Piggy and Kermit, your loving Aunt and Uncle. Separation and divorce can happen to anyone. While celebrities are used to being in the media and having their lives scrutinized by the paparazzi, they’re just people too. Just like it is for us regular folks, a divorce is difficult for everyone. Families are often left confused and hurting while finances are at stake, adding to the anxiety of the unknown. Those involved are unsure how to even start the process, let alone how do it without making it excruciating. How can a couple headed toward divorce make the process less painful overall? When money is involved, it can be difficult. But perhaps we can take a cue from Gwyneth and Chris and go the “ conscious uncoupling” route. Many divorces can be settled outside of the courtroom and instead from the comfort of an office or conference room. The trend of “ divorce mediation” is growing and for good reason. It saves time and money, has increased confidentiality and results in better child custody and visitation plans and agreements that are specifically designed for your family. Divorce Mediation In mediation, the couple meets with a neutral third party (the mediator) to work through tough issues so the marriage can end as amicably and cost effectively as possible. Divorce mediation is often faster, more affordable and less emotionally exhausting than a traditional divorce through litigation. What are the benefits of Divorce Mediation vs. Litigation? Cost savings: Divorce Mediation can cost between $2,000-5,000 total versus an average of $20,000 per person. Time savings: Finalize a divorce in 3-6 months versus an average of 2 years. Better child custody agreements: On average, 80% of voluntary compliance with child custody agreements versus 40%. Increased confidentiality: Financial information, discussions and decisions are kept confidential versus in litigation where hearings are open to the public. What is the process? Phone call: The couple will speak with the mediator to provide some background information about your family and what issues are on the table. First meeting: In this meeting, you’ll get to know the mediator. The mediator will explain the process and ask you to fill out any necessary paperwork. Each person will have an opportunity to make a short statement about the situation. The mediator may ask several questions and will help you develop a plan to reach a point of agreement. You may need to gather additional information related to property issues and child custody before your next meeting. Negotiating: This process may take one additional meeting or several. Most importantly, all parties involved should be prepared, willing to listen and be open to compromising. Finalize the agreement: Once the couple can come to terms, the mediator will write an agreement and a parenting plan, if applicable. This paperwork will become part of your divorce judgment. If you and your spouse are exploring divorce options and are interested in learning more about divorce mediation, please contact us at info@thelawyerking.com or 951-834-7715. http://www.topcounselingschools.org/divorce-mediation/

King Law Firm is a full-service law firm located in Murrieta, California. Though our focus is in business law, wills and trusts, and dispute resolution, we provide high-quality legal representation and assistance in all areas of law, including family law and divorce, at accessible rates. Our clients can feel comfortable that no matter the legal issue, we will help them resolve it swiftly and cost-effectively. And while we try our best to meet all of our client’s needs, if for whatever reason we are unable to help, our clients can rest assured they will be referred to competent, affordable and excellent legal representation. Best of all, we are a client-centered law firm that appreciates the needs of our community and our military. We encourage you to read more about our firm and our areas of practice, as well as browse our self-help pages for resources that may help answer any questions you may have. When you’re ready to take the next step, you may contact us via phone, email or text to discuss how we may be of assistance in addressing your legal needs. Sincerely, Rachel A. King Owner & Attorney at Law Legal solutions. Practical wisdom. Trusted advice.