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Probate Litigation – A Primer

The last thing anyone wants to do after a loved one passes away is to go to court over the decedent’s estate. Although probate can help establish an executor to oversee the distribution of assets and help the process run smoothly, there are times when an interested party will disagree with the decedent’s last will and testament, or in the handling of assets. When this occurs, probate litigation becomes necessary. What is Probate Litigation? Probate litigation is the legal process individuals will pursue to address a perceived wrong in the dispersing of a decedent’s property. Who Can File for Probate Litigation? Any interested party — an heir, beneficiary, trustee, spouse or creditor, to name a few — may file written opposition with the court for any of the following reasons: Contestation of a will, including the wording or construction of the documents; Redress for fiduciary breach because an executor or trustee failed in their commitment to abide by the instructions of the will; Wrongfully distributed property; Insufficient mental capacity of the decedent to make sound judgements; Undue influence of someone in power having taken advantage of the decedent; Tortious interference with inheritance claims; Power of Attorney disagreements; Designations in patient advocacy and living wills; Guardianship or conservatorship issues; Sibling rivalry, treating children differently, or excluding a child; Multiple marriages or pre-nuptial agreements; Improper signatures; and/or The decedent did not leave behind a will or trust and the descendants cannot agree upon the even distribution of assets. When Should Oppositions Be Filed? A written opposition may be filed at any time. It is always better to file an objection prior to the court making an official decision on the validity of the will or trust, as then the aggrieved party may call witnesses and submit evidence. Should the objection be filed after the will has been probated (found to be valid), the aggrieved will need to prove the will to be invalid. Is Hiring a Probate Litigation Attorney a Good Idea? Hiring an attorney who specializes in probate litigation is necessary to uphold the rights of the aggrieved during litigation. Probate litigation has many statutes that must be adhered to; improper procedures and a failure to go through the correct evidentiary process could lead to the wrong person gaining administrative duties, or the failure of an opposition request to be fulfilled. Be mindful to the fact that a probate litigation attorney (a trial lawyer who understands court processes and how to litigate the validity of wills and trusts) is different than an estate planning attorney (an attorney more familiar with the creation of wills and trusts than with court proceedings). Having the correct attorney in your corner during this process will be the linchpin for a desired outcome.

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The Prince Harry and Meghan Markle Interview – A Breakdown

The media has always held a gleaming spotlight over the British royal family, literally from birth (hello Archie Harrison Mountbatten-Windsor) to death (who doesn’t remember Princess Diana’s infamous car crash?). It’s so entertaining that whenever anything big or small happens, the world becomes fully engrossed. This has never been truer than over the last few weeks as it relates to Prince Harry and Meghan Markle. As the high-profile celebrity couple bared a great number of behind-the-scenes tidbits during their highly-anticipated interview with Oprah, the media — and public — scrutiny burst into overdrive. Racism in the Royal Family Animosity arose after Meghan Markle accused the royal family of being racist. She noted that “They were saying they didn't want to be a prince or a princess, not knowing what the gender would be, which would be different from protocol…. They said they want to change the convention for Archie.” She then added there were “concerns and conversations about how dark skin might be when he's born.” The royal family have all come out to denounce this accusation. “We are very much not a racist family,” Prince William stated. The Queen added, “Whilst some recollections may vary, they are taken very seriously and will be addressed by the family privately.” Harry’s Royal Family Relationship It appears that Prince Harry’s relationship with his father and brother has also become strained. This could stem from Harry and Meghan’s decision to permanently leave their roles as working royals so as to pursue their own private business arrangements. Meghan’s Mental State as a Royal In one of the more shocking moments, Meghan revealed that she contemplated suicide while living as a royal. With the barrage of hateful attacks against her and Harry across social media when it was first revealed that the couple were officially dating, this is far from implausible, though some media figures would disagree. British TV host Piers Morgan attacked Meghan in the days following the interview by admitting he didn’t believe a word Meghan said in the entire interview. Soon after his remarks, Morgan left his perch as host when he wouldn’t apologize for his beliefs. On a Happier Note Prince Harry and Meghan Markle are expecting a baby girl this summer! Regardless of whether anyone lied, or each side has a version of events that may have been exaggerated, Harry and Meghan have a lot to look forward to in the future, including, among other things, a production deal with Netflix. As for the British Royal family, the Queen, although disappointed that the couple have disavowed their place among the family, insists they are still loved and welcome as members of the royal family. Did Harry and Meghan go too far in the interview with Oprah? Who’s to say. When you’re in such a steady, unforgiving spotlight, there is a fine line to walk. All we know for sure is this won’t be the last time we hear from or of the Duke and Duchess of Sussex.

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Landlord Rights in the time of COVID-19

In March 2020, California Governor Newsom signed legislation for AB 3088, or the COVID-19 Tenant Relief Act (CTRA), putting a freeze on tenant evictions if they could prove a financial hardship due to the COVID-19 pandemic. The bill was a landmark piece of legislation that has helped plenty of tenants remain in their homes during this unprecedented crisis, however, many landlords have also suffered, as they are unable to meet their own financial obligations. The CTRA does include some protections for landlords, but that doesn’t mean it protects or mitigates them from all financial impacts. What can landlords do, then, under this law to help protect their investment? Contact Your Lender Some landlords may have cash in reserve to help them weather the storm. However, if you rely heavily on monthly rents to pay your mortgage, contact your lender to see what types of protections may be in place. Make sure to ask if your loan is backed federally. If it is, you may request forbearance in accordance with the CARES act to help you from becoming delinquent. If not, there may still be forbearance options and other state and federally funded programs or property tax breaks available. Seek Agreements from Tenants No one wants to cause undue burden on their tenants. Make good-faith efforts to help them as much as possible. For instance, if your current financials allow, waive rent for a month or two, postpone rent payments or create a payment plan that will help them get back on their feet. If you are struggling, ask the tenant if they can pay a small portion, or help them seek financial assistance from the government. Refer to the disaster loan assistance web page for guidance. Make sure to document these efforts. Evictions Although the CTRA Act places a moratorium on evictions due to COVID-19 financial hardships, a landlord may still evict a tenant for a variety of other reasons, including pet violations or nuisance claims. However, make sure to follow the steps mandated by law and seek the guidance of an qualified attorney before moving forward. For example, Landlords must provide their tenant with a Declaration of COVID-19-related financial distress along with any eviction notice. The tenant is required to sign and return this declaration within 15 days. This is just one of many requirements landlords must meet in order to evict a tenant while the CTRA is in effect. State Rental Assistance Program If a landlord chooses to file for the State Rental Assistance Program, they may be reimbursed for any unpaid rents up to 80 percent if the landlord agrees to waive the other 20 percent. Lawsuits Remember, the CTRA is a moratorium on evictions, not rent. Upon the termination of the CTRA, landlords may file a suit in small claims court (beginning August 2021) for all unpaid rents. You must prove that you have made all good-faith efforts in helping the tenant with this burden.

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New California Laws – 2021 Edition

The calendar has changed once again. Although a new administration has entered the White House and there’s hope that the 2020 chaos is officially in the rear-view mirror, there is still uncertainty in what 2021 has to offer. One thing we can count on, though, is the annual enactment of new California laws. Due to the pandemic, the number of new laws going into effect on January 1 (372 in all) is the lowest amount since 1967. Here are some highlights of the new California laws that may most effect you, your family and your business. Safety AB47 –Beginning July 2021, two convictions for texting or talking on the phone while driving will now add a point to your record. AB1196 - Police officers are no longer allowed to use chokeholds or other restraints that may suffocate a suspect. AB2717 – A person is now protected from civil or criminal liability If they break a car window to rescue a child. Youth football leagues can no longer have more than two half-hour full-contact practices per week and medical personnel must be present at all games. Business AB979 – By the end of 2021, any publicly-owned company with at least five members on their board must include at least two women, and any board with over six members must have at least three; boards with at least four members must also have two or more directors from underrepresented communities. AB2017 – Employees may now use sick leave for whatever reason they deem necessary. SB 973 - Businesses with one hundred or more employees must submit annual pay data based on race, ethnicity and gender. SB1159 – Employees who contract COVID-19 on the job now have expanded worker’s compensation assistance. SB1383 – Companies with five or more employees (down from fifty employees) must now allow up to twelve weeks of family leave. The minimum wage rises $1 to $14 per hour for companies with over twenty-five employees and $13 at companies with twenty-five or less employees. COVID-19 and Health AB685 – Businesses will be required to notify employees (and the general public) within a day of any exposure to COVID-19 until 2023. AB 2537 - Hospitals may be fined up to $25,000 per violation if they fail to maintain at least a three-month stockpile of personal protective equipment (PPE). SB855 – Private insurance companies must cover all medically necessary mental health and substance abuse disorder treatments in full. Home Proposition 19 requires inherited property to be used as a primary residence or have its tax value reassessed. Education AB376 - Student loan service regulations now require companies to inform borrowers if there are any programs to lower their monthly payments or forgive the debt. Students who enroll in the fall semester of any California State University will be required to take an ethnic studies course to graduate. Misc. Pet stores may display dogs, cats and rabbits from shelters or rescue groups, but can no longer sell these animals. Proposition 17 allows felons who have served their time the ability to vote.

Kim Kardashian Kanye West Conscious Uncoupling Divorce

A Conscious Uncoupling for Kim Kardashian and Kanye West?

A few years ago, Gwyneth Paltrow made “Conscious Uncoupling” famous with her divorce to then-husband Chris Martin. But most people were still confused. Was it a divorce? A separation? Something in between? Regardless of its definition, the world collectively became familiar with how conscious uncoupling might just change the way many perceive divorce. Another high-profile marriage now looks as if it’s on its last legs. Though divorce proceedings have yet to begin, it’s been widely reported that the seven-year marriage between Kim Kardashian and Kanye West is officially over. If that’s true, the divorce will not be easy, especially with all of the money and assets that must be divided between these two high-profile celebrities. What could make it easier on them and their four children would be to strongly consider conscious uncoupling. What is Conscious Uncoupling? The idea of conscious uncoupling has been around since 2009, after Katherine Woodward Thomas taught the divorce alternative to students worldwide. The idea focuses on making sure a separation from a partner is kept amicable and respectful; always remembering the needs of the children and applying self-reflection to internalize how the mistakes were simply a roadmap in identifying negative roadblocks and building a better future for you and your spouse. Kim and Kanye’s Divorce According to multiple entertainment sources, divorce was ultimately decided in December to be the correct path after the couple spent some time in couple’s therapy. Though nothing official has been initiated, Kim has discussed the matter with Laura Wasser, who also oversaw Kim’s last divorce. Insiders have said Kim has “grown up a lot this past year” and is looking to focus on passing the bar and working for her prison reform campaign. In comparison, Kanye’s mental health seems to be deteriorating as evidenced by his failed Presidential run and the spontaneous and shocking public admission that the couple was in talks to abort their first child. Both Kim and Kanye are reported to be “fed-up” with the other and Kim hasn’t been seen with her wedding ring since November. Conscious Uncoupling is the Best Path Forward If Kanye and Kim are serious and divorce is imminent, it would be in their best interest to follow the path of conscious uncoupling. If the two agree to make the divorce amicable, they would be sparing the children a lot of grief, both in their living situation and via the press. One of the major assets that could be in dispute is the couple’s Calabasas home. It is the only home the couple’s children have known, so to remove them from that environment now not be in their best interest. And there’s nothing more inviting to the press than a bad break-up. By pursuing conscious uncoupling, it would prove to everyone itching for succulent gossip that despite their tumultuous relationship the couple respect one another, wish each other great health, and will remain friends into the foreseeable future. Don’t forget to celebrate National Conscious Uncoupling Day on January 21!

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Warner Bros. 2021 Films Move to HBO Max - Brilliant Move or Bad for Business?

Businessmen and women must constantly walk a fine line when using transparency in long-term decisions that affect their vendors, partners, shareholders, clients and customers. On December 3, WarnerMedia officially announced that they would be debuting their entire slate of 2021 film releases, including Dune, Matrix 4, Godzilla vs. Kong, and The Suicide Squad, on their fledgling HBO Max streaming service day-and-date with their theatrical release — without first informing any of their strategic partners. Good Strategy or Bad for Business? The deal presented by WarnerMedia states that movies will only be streamed for the first 30 days of release, at which point theaters will have exclusive rights for a specified amount of time before the film goes to video-on-demand and DVD, as well as the eventual return to HBO Max. This is a good, strategic business decision on Warner’s part, as it will allow fans a choice as to how they wish to view the film — whether in the safety of their home or as a communal experience in the theater — limit the losses of films that might not have made blockbuster-levels of money, and bolster a new revenue stream and the reputation of their streaming service. However, the studio did a disservice to everyone involved in the productions, and the theater chains who are still struggling to survive, by unilaterally making this decision without first consulting any of their strategic partners. This has caused a firestorm of negativity from directors, theater chains and the Director’s Guild of America (DGA). Denis Villeneuve, director of the upcoming Dune, said in Variety that “with this decision, AT&T has hijacked one of the most respectable and important studios in film history…. Economic impact to stakeholders is only one aspect of corporate social responsibility. Finding ways to enhance culture is another. The moviegoing experience is like no other. In those darkened theaters films capture our history, educate us, fuel our imagination and lift and inspire our collective spirit. It is our legacy. Long live theatrical cinema!” DGA national executive director Russell Hollander said the decision was “unacceptable” and “contrary to both the long-standing relationship between the DGA and Warner Bros. and explicit representations made by senior executives to the DGA on this very issue.” He went on to state that, “The unilateral decision to release the entire 2021 slate day-and-date on HBO Max, without any prior discussion or even basic information provided in advance to the Guild, is inconsistent with our dealings over the years. While we certainly realize the industry is not immune to the effects of the COVID-19 pandemic, changing release patterns in the way WarnerMedia has announced will deeply impact our members.” AMC Theaters stated that “ have been exacerbated by the announcement by Warner Bros. that its entire studio film slate for 2021 will move to simultaneous release, which may result in other studios adopting a similar strategy.” COVID-19 Effect The decision was made in most part because of the uncertainty that still plagues COVID-19. No one thought that movie theaters and studios would be closed for as long as they have been, and, although the vaccines show promise for a better tomorrow, when and if things ever get back to “normal” is still a mystery. Regardless, WarnerMedia’s decision to push all of Warner Bros.’s movies to the streaming service is undoubtably premature. “Warner Bros. had an incredible machine for getting a filmmaker’s work out everywhere, both in theaters and in the home, and they are dismantling it as we speak," says Christopher Nolan, director of Warner. Bros.’ most recent Batman trilogy. "They don’t even understand what they’re losing. Their decision makes no economic sense and even the most casual Wall Street investor can see the difference between disruption and dysfunction.” Ultimate Takeaway It’s okay to make decisions for the benefit of the business and your shareholders, but you have to remember you have business partners, clients, employees, vendors and others that need to be informed of decisions that will affect them prior to any big announcement. WarnerMedia may have had the right intentions, but their execution was inherently flawed. If you plan to make a major change in your business, please consult an attorney who can help guide you through the most effective way to announce this change to everyone involved.

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Handling Family Members During COVID-19 Holidays

For some, the holidays mean excitement, great food, welcome conversation, and visiting with loved ones. For others, this is the beginning of endless stress and anxiety. Regardless of where you fall, 2020 has only heightened the stress and anxiety that comes along with the holiday season. All a lot of us really want to do is crawl into bed and stay there until New Year’s (and with current health restrictions, that may be possible). Yet, most of us still want to be with our families over the season of thanks and giving. How do you get through COVID-19 holidays unscathed? Here are a few quick suggestions. Be mindful of other people’s views of the pandemic We all know COVID-19 exists and can be potentially dangerous for certain people, but some believe the risks of spreading or catching the virus to be minimal in relation to being near loved ones over the holidays. Others believe the exact opposite. Respect both viewpoints; let those who want to get together do so without ridicule or anger and allow those who are extra cautious join in on the festivities virtually. Keep potentially upsetting topics off-limits Politics is always a hot-button topic. To avoid fistfights, make sure anyone who attends your holiday party, in-person or otherwise, understands that anything having to do with the elections, the pandemic, or government in general is off-limits. This goes for any other topic that may ruin the fun for everyone else. If heated topics do come up, be mindful of what you say and always respect the other person’s opinion. Keep your alcohol intake low We know after this year you deserve to have as much alcohol as you want during the holidays. Just remember, inebriation could lead to uninhibited antagonization. You can drink to your heart’s content after everyone goes home, but while family is around, moderation is key. Plan smaller gatherings Instead of inviting all fifty brothers, sisters, aunts, uncles, cousins, grandparents and grandkids to your home, try setting up several smaller gatherings and then virtually connect them all together. This way, you can feel safe, your stress level won’t be as high, and when you’re ready to leave, all you have to do is turn off the computer. Know when to say no It’s always hard to say no to family. However, you shouldn’t feel obligated to spend time with them. When it comes to your mental health, occasionally you have to be selfish. Luckily, COVID-19 just made saying no that much easier. If you aren’t comfortable traveling, or feel others traveling may be too much of a health risk, ask to attend virtually or let them know you are having a small private gathering with your immediate family. Regardless of your plans, we at King Law Firm Attorneys at Law wish everyone a safe, healthy and prosperous holiday season. And to give you a head start on the festivities, here’s a recipe for delicious homemade Hot Apple Cider — with and without alcohol! Ingredients 10 large apples, quartered 1/2 orange, halved 4 cinnamon sticks 1 tsp. cloves 1 tsp. whole allspice 1 whole nutmeg 1/2 c. packed brown sugar Directions In a large stockpot over medium heat, add apples, oranges, spices, and brown sugar. Cover with water by at least 2”. Bring to a boil, then reduce heat and simmer, covered, 2 hours. Remove orange halves Use a potato masher or wooden spoon to mash apples. Return to a simmer and let simmer uncovered for 1 hour. Strain through a fine mesh strainer, pressing on solids with a wooden spoon to squeeze all juices out. Discard the solids. For a more festive alternative, add rum, brandy or bourbon and simmer an additional 10 minutes. If kids are around, separate some of the cider into a separate pot and then add rum, brandy or bourbon and simmer an additional 10 minutes. Serve apple cider warm.

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Ruth Bader Ginsburg: Pioneer, Advocate, Intellectual, Legacy

Ruth Bader Ginsburg passed away on September 18, 2020, setting off a political firestorm. Despite all that, one thing is certain: Ginsburg was a pioneer in the field of law and should be remembered for all of the good she accomplished as a student, a mother, a professor, an advocate, a lawyer, a judge, a Supreme Court Justice, and an icon. “My mother told me to be a lady. And for her, that meant be your own person, be independent.” Ginsburg led a relatively uneventful life until she graduated at the top of her class from Cornell University in 1954, opening the door to becoming one of only nine women (out of a class of 500) to attend Harvard Law School. There, she did triple-duty as a student for both her and her husband (who was diagnosed with testicular cancer) and as a full-time mother. “Women belong in all places where decisions are being made. It shouldn't be that women are the exception.” Before landing her first job as a law professor at Rutgers University, Ginsburg spent time in Sweden as an associate director of the Columbia Law School Project on International Procedure, starting her on the path to gender equality. Shortly thereafter, she become the first tenured female law professor at Columbia Law School, co-wrote the first law school casebook on sex discrimination, and co-founded both the Women’s Rights Law Reporter (the first and only original journal exclusively for women’s rights) and the ACLU’s Women’s Rights Project. “Fight for the things that you care about, but do it in a way that will lead others to join you.” Ginsburg’s passion for gender equality gave her the opportunity to fight for both men and women. Of the six cases she argued in front of the Supreme Court, she won five of them, including her fight over a widower’s inability to collect social security benefits while raising minor children, and her argument against optional jury duty for women. She also wrote the brief for Reed v Reed, extending the Equal Protections Clause of the fourteenth Amendment to women, and argued as Amicus in a case favoring men over women in housing allowances for military spouses. Outside of gender equality, Ginsburg also fought hard for the equality of black and Native Americans. “I would like to be remembered as someone who used whatever talent she had to do her work to the very best of her ability.” Ginsburg would go on to serve on the U.S. Court of Appeals for the District of Columbia before becoming only the second female to be appointed to the U.S. Supreme Court. Over time, she became a pop culture icon, eventually earning the nickname “Notorious R.B.G.” for her incredibly impassioned dissents. Of her many honors and accolades, the most notable include winning the American Bar Association’s Thurgood Marshall award in 1999, her induction into the National Women’s Hall of Fame in 2002, and being Forbes Magazine’s 100 most powerful women for 7 years in a row starting in 2004. By the time Kate McKinnon brought the “Ginsburn” to Saturday Night Live, Ruth Bader Ginsburg had produced a legacy in life, the courtroom and the world that anyone would be proud of having accomplished. “Real change, enduring change, happens one step at a time.”

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California Family and Estate Laws vs Other States: What’s the Difference?

As a citizen of the United States, we all feel as if we know how laws should be enforced simply because “that’s how it’s done in my state.” What we all fail to understand (or don’t want to understand) is that each state has the constitutional right to create laws for the benefit of their residents, so long as they do not infringe on federal law. This means that there are a multitude of differences in state law when it comes to families, estates and business. Divorce When filing for a divorce in California, you are guaranteed at least six months before the divorce is finalized, as well as an equal distribution of property. However, many states, such as Oregon, do not have a required length of time to finalize a divorce, and some rely on equitable distribution of assets, which means all assets are divided fairly, if not equally. Child Support California is one of thirty-five states that utilizes the Income Shares Model, basing child support on the combination of both parents as if they were still living together. Twelve states, on the other hand, implement a version of the Percentage of Income Model, which is based solely on the noncustodial parent’s income, while three others use a more complicated model known as the Melson Formula, which takes the parents needs into consideration as well as the child’s. Estate Law Many estate planning laws differ between states. These include: Holographic Wills California accepts holographic wills while others do not, or in the case of Florida, only do so if they meet all the requirements of a standard will. Simple Templates If you have a small or simple estate in California, you can fill out a basic template that doesn’t get too technical. In other states, all statutory requirements must be met regardless of the size of the estate. Probate Costs At upwards of $500, California tends to be one of the more expensive states to open probate. In other states, the cost can be less than $250 and attorney’s fees are based on a sliding scale in relation to the size of the estate. Business Whether it be protections for minority shareholders or differing Intrastate laws, you must understand the differences in state laws to run a successful business. For example, in order to merge with or acquire another company in California, a majority share of each class of stock is required, whereas in other states, such as Delaware, all classes can vote together, making it more preferable for investors. Also be prepared to pay the California franchise tax fee if you plan to conduct business in California as an LLC, regardless of where your business is licensed. As you can see, consistency among laws across states is nearly non-existent, which is why you always want to have a great lawyer by your side to help navigate these laws so you’re never caught unaware at the most inopportune time.

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Top 5 Positive Impacts of COVID-19 In Law Firms

As COVID-19 continues to swarm our lives with negativity, King Law Firm Attorneys at Law has remained positive. When it comes to law firms, court houses and legal matters, there are a lot of aspects that on the surface could be considered harmful or cause unnecessary hardship to the client. However, when you really get to the root of these issues, the majority of them are actually a blessing in disguise. Here, we take a look at the top five positive impacts that COVID-19 has had on the legal industry. 1. Client Communication Instead of trying to remember to update the client, missing phone calls, leaving messages, and the constant back-and-forth of setting meetings, many law firms have started utilizing cloud-based client-portals to store all client information. Everything from billing, messages and documents can now be found in one convenient place. Zoom meetings and conferences calls are also becoming more prevalent to the point that almost all meeting and consultations are done this way. 2. Document Signings Much like client communication, electronic devices have become almost indispensable. Before COVID-19, standard practice was that all documents had to be signed in person. This isn’t the case any longer, as almost all non-notarized documents can be signed with an e-signature. This one small change created a convenience no one knew they needed. 3. Electronic File Sharing Along those same lines, electronic file sharing has made life much easier for both lawyers and clients. Instead of having to print, copy and send a myriad of documents, lawyers can now utilize cloud-based services to transmit documents to everyone involved. Not only does this save everyone money, it saves a few trees in the process. And who doesn’t want that? 4. Telephonic Court Hearings What if you were a single mom, juggling two jobs and three kids? Before COVID-19, scheduling a court appearance was extremely stressful and could cost a lot of money in daycare and wages. The continuing threat of transmission of the virus has since led courts to hear cases telephonically. This allows someone who has to stay home for school or work to attend their hearing without ever stepping foot outside the house. 5. Less Travel Travel used to be a necessary evil in litigation. Lawyers would charge for their time commuting to and from the courthouse and clients had to deal with the added stress of traffic. As the courts transition into telephonic hearings, travel time has been cut down dramatically, saving money and time for both lawyers and clients. A lot of this is never going away, even after the hysteria behind COVID-19 subsides. King Law Firm has adapted to these new regulations seamlessly and without ever closing our doors. No matter how long COVID-19 lasts, you can count on us to help you through all of your legal matters, fight for families and businesses every day, and continue to win cases despite having not stepped into a courtroom since the pandemic began.

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Child Custody Across State Lines and the Ramifications of COVID-19

After a divorce, parents may feel they and their child need a change of scenery. This is understandable; however, always make sure to inform the non-custodial parent if that change of scenery means taking a child across state lines. Temporary Vacations If this change is temporary, say to visit relatives or go on a vacation, non-custodial parents generally won’t mind, so long as it doesn’t interfere with any current custody orders or travel restrictions. Regardless, informing the non-custodial parent shows respect and allows you to obtain written consent should any future disputes arise. Permanent Moves Moving a child to a new state permanently is a different matter. Even if you have sole physical custody, there’s a possibility you could be charged with child kidnapping, especially if the non-custodial parent did not know about the move. In California, a parent must give the non-custodial parent 45 days’ notice prior to a move. Should the non-custodial parent dispute the move, both parents will make their case in front of a judge for the best interest of the child. Factors that may be considered include: The reason for the move; Distance from the non-custodial parent; and Impact on the well-being of the child. Visitation In the Wake of COVID-19 If moving a child out-of-state after a divorce wasn’t complicated enough, when it comes to visitation and custody arrangements, there’s still considerations we must adhere to when dealing with the ramifications of COVID-19. Luckily for most parents, courts are no longer using COVID 19 as an excuse to keep non-custodial parents from exercising their visitation rights. Unfortunately, that still may not stop some custodial parents from using the following excuses to attempt to deny a non-custodial parent visitation: One parent works in healthcare, are constantly exposed to large groups of people, or have tested positive for the virus; There are stay-at-home orders or regional lockdowns in place; One parent disagrees with current mandates, such as wearing masks, washing hands or social distancing. One parent seeks to move to, or currently lives in, a hot spot; The parents live too far away from one another; A child must travel on a plane, or there are travel bans or quarantines in place. It may seem respectful to listen to, and acknowledge, some of these concerns, however if visitation is being denied for any of the above reasons, it’s important to seek legal advice and/or seek a court intervention immediately. COVID-19 has made living hard on everyone, but no more so than on parents who want to share in their child’s lives. Just remember, whatever the situation or concerns may be, it is always best practice to talk to a lawyer about your specific case before making any travel arrangements or permanent moves.

Online Courts 140601067 - King Law Firm Inc. Doing Business Post-COVID-19

Doing Business Post-COVID-19

Many businesses have had to find new and inventive ways to serve their clients and customers over the past few months. This includes employees working from home, an expansion in teleconferencing, and conducting customer relations via phone and online video. King Law Firm Attorneys at Law, Inc. transitioned through the pandemic maze with great efficiency. However, law firms were particularly hit with one major issue that couldn’t be immediately rectified — the closing of court houses, which inevitably furloughed thousands of cases nationwide. With the pandemic waning and businesses and courthouses once again opening, King Law Firm Attorneys at Law, Inc. is making a concerted effort to follow ever-changing state mandates to help mitigate the spread of COVID-19. Here are some of what we are doing to keep our employees and clients protected and healthy as we begin the process of reopening. Our offices are once again open to the public. Those who would like a return to face-to-face meetings are welcome to do so, but, in accordance with state mandates, we must ask everyone to wear a mask and continue social distancing practices while inside the office. If you cannot wear a mask due to health conditions or disabilities, we are happy to offer safe alternatives. Some of our lawyers, paralegals and staff are still working remotely as permitted by their workloads and will be available for phone and video conferences for anyone who would prefer those methods of communication. Courts are opening with restrictions that may affect our clients in different ways. Along with mandatory face mask and social distancing requirements, only clients, attorneys and witnesses may enter the court room (no family or friends will be allowed) and service hours are being limited, which means less cases throughout the day. We will make sure to inform each of our clients of the restrictions prior to any court hearing and offer any safe alternatives if needed or requested. There are many alternative filing options, such as outdoor service windows and drop box locations, and documents may be filed by mail or online when available. There is a new project for online courts in the works that may give the justice system a new, robust and remote alternative in the near future. This would include a virtual, self-help forum for clients to better understand their rights and obligations. Until this system is operational, more information will be offered online for you to make a clear, well-thought out decision before moving forward with your case. No matter how long the COVID-19 pandemic may last, one thing is certain: almost all of the above modifications will be long-lasting changes within the industry. Lucky for us, these changes will allow for more relaxed interactions with our clients, more efficiency in how cases are handled, more collaboration between colleagues, and a much better balance between work and family for all involved. Check out or YouTube Channel for more information and updates.

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