Blog

There is always an abundance of emotion in a time of crisis. Right now, as we attempt to navigate through the realities of the COVID-19 pandemic, many of us are faced with an extra amount of personal, financial and professional stress, anxiety, fear and uncertainty. Marriage is hard enough during regular times; it’s even more heightened in a time of crisis, especially one where outlets, such as sporting events, bars and churches, have been stripped away from us. With stay-at-home orders and shuttered business, spouses (and their children) are being forced to spend much more time together. This normally wouldn’t be considered a bad thing, but in this environment, coupled with financial strains, many people may believe the only way out is through divorce. However, major life changes should never be made in heightened emotional situations. Though this type of decision may feel right at the time, it will almost always lead to regret, and possibly depression, once the crisis has subsided. Before making the rash decision to file for divorce in a time of crisis, consider the positive aspects of marriage and what you can do to help it successfully survive the pandemic. Communicate Openly and Often What you don’t say can be as harmful as what you do say. Having a strong foundation of communication, whether with your spouse, a friend or family, will help you start thinking rationally about how the current situation is affecting you and your relationship. It may be hard, but it’s important that you find a way to express yourself. More importantly, always take your spouse’s fears, dreams and frustrations into consideration. You aren’t the only one feeling the stress of the situation. Doing so can help each of you find a new way to release the negative energy that may be festering beneath the surface. Start or Resume a Hobby Whether it be gardening, household repairs or journaling, giving yourself something to do alone can help relieve the stress that’s building up individually and as a couple. Find Fun Things To Do Together Laugh, dance, watch Netflix, go for a walk — anything that removes you from the stress of the situation. Share in Parenting Duties Take turns teaching and spending time with your children. This will allow your spouse some much needed alone time. The Exception to the Rule – Abuse No one should remain in a marriage or a relationship with an abusive spouse. Mentally or physically, abuse is amplified in a crisis situation. If you are in an abusive relationship, please contact the authorities or talk to a lawyer to learn about your rights, how to safely escape your situation, and get legal protection. The thing to remember is, filing for divorce to save your marriage is never the answer, yet no two situations are the same. If you have questions, please feel free to consult King Law Firm Attorneys at Law via phone, online or in person. For more on this topic, check out our quick video.

In these uncertain times, a lot of people are stressing over how to keep their businesses afloat until we as a nation can get back to some semblance of normal. Luckily, we live in an age that gives us easy access to the public. Entertainment as far as the eye can see One industry that’s been hit hard by the current pandemic is the entertainment industry. Hollywood, Broadway, concert venues and sporting events have all been shuttered. Has this stopped them from producing new content? Absolutely not. Production studios and entertainers alike are restructuring their business models by moving their focus online. Streaming services, such as Netflix, Hulu, Amazon Prime, Disney+ and Apple TV have seen a rise in viewership since the quarantines went into effect. Because of this, many studios quickly shifted movies that had been in theaters, such as The Invisible Man and Onward, to on-demand services. Dreamworks Animation made one of the biggest decisions thus far by keeping the release date of Trolls: World Tour the same but moving the premiere from theaters to Amazon Prime. Live Shows Are Still A Go In other parts of the industry, several musicians and singers have gone live on Facebook and other social media platforms to provide free concerts to their fans. At the same time, performance shows that were set to go live, such as American Idol, have setup avenues to continue to produce their shows, even as the contestants (and audiences) are stuck at home. Saturday Night Live has now broadcast two shows wherein the cast create videos that the producers compile together to keep new product on the airwaves. Most of these choices have been a success, so expect it to continue as production studios and entertainers continue to find new ways to keep us entertained. How does this relate to my business? As a business owner, you are limited only by your imagination in restructuring your business. If you have a storefront that’s been closed due to the Coronavirus, setup an online store and use social media to keep your business and products in the public consciousness. If you are a hairdresser, start releasing videos with tips and tricks on how to create the best look at home. If you’re a realtor or insurance company, learn how to use zoom or some other online meeting app to stay in contact with your customers. These are just a small sample of how we can all continue to provide our services to the masses until the quarantine has lifted. Whatever you do, don’t sit at home and wallow. If Denny’s can setup a drive-through market, you have the ability to find a way to make the circumstances work for you and your business. King Law Firm Attorneys at Law, Inc. has recently started a new YouTube Channel where we provide tips and other information relevant to business owners and family law concerns. You can also follow us on Facebook and Twitter.

Have you been thinking of changing your child’s school? With all schools closed for the time being due to the impact of COVID-19, and some states, including California, stating they may remain closed until the near year begins in September, now is a good time to begin the process of changing schools. This is especially true if you have joint legal custody of your child. Despite the reasons for changing your child’s school—which could be anything from moving to a new district, city or state, better quality education, better learning environments, or unresolved bullying—legal custody is required. In addition, the process for parents with joint legal custody isn’t as streamlined as it is for parents with full legal and physical custody. Having joint legal custody means both parents must agree to the change of schools. Joint physical custody may also become a factor, as the child could potentially be eligible to attend schools in different districts, and each parent may believe their district is better for the child’s well-being. Before beginning the process, check your custody agreement to fully understand what rights you have. If you share legal custody, you will first need to file a Request for Order with the court, which will include a statement of substantial and material change of circumstances that affect the child’s best interest. Once filed, the parents will be ordered to mediation to come to an agreement. In most cases, this is all that will be needed, as the parents work out their differences. However, if an agreement cannot be reached, the mediator will send a recommendation to the judge, who will then decide which school the child will attend. The courts will treat a change in a child’s school the same as it would any other custody request: whatever is in the best interest of the child. This includes taking into account how long the child has attended their current school; how well the child is doing in their studies; which parent has custody of the child the most; what days the parent has the child; which school has a better curriculum and learning environment; how long it will take to get to and from school; any special needs the child has; and extracurricular activities the child is involved in. The list could go on. If you have a valid reason for wanting to change your child’s school and need help resolving a joint custody arrangement, please call King Law Firm attorneys At Law Inc. We may help get the process started so that when schools finally open again, your child will have a fresh start at their new school.

Guardianship may seem easy to understand on the surface, but there is a lot more to it than you might realize. Firstly, guardianship is not the same as adoption. Where adoptions give the guardian permanent parental rights over a child, guardianship is temporary and does not normally remove all parental rights from biological parents. Secondly, guardianship is not limited to children. Before petitioning for guardianship, here is a quick overview of what you should know. The Guardian’s Role The responsibility of a guardian is to provide for the day-to-day needs of a child or an adult. In the case of a child, parents may still be financially responsible if they retain physical custody; otherwise, the guardian is responsible for all financial needs of the child. And, whether a child or adult, guardians must get permission from the court before spending any money or selling assets or property. Types of Guardianship Having Guardian over the Person is when someone is given legal authority to make decisions over a child or adult’s well-being. For a child, this includes personal, medical, educational and financial decisions; for an adult, this includes consent for medical and end-of-life care, financial management and honoring pre-determined wishes. Having Guardian over the Estate is when someone is granted responsibility to safeguard a child or adult’s financial assets. In the case of a child, this type of guardianship lasts until the child turns 18. And becoming a Guardian Ad Litem is when a judge appoints someone to protect a child’s best interest during custody hearings. Reasons for Guardianship Both parents of a child die; A child’s parents are going through a divorce; A child receives a large financial gift; A child lives with someone other than their parents on a long-term basis; A couple is looking to adopt; or An adult is found to be incapable of making their own decisions. The Guardianship Process To obtain guardianship over a child or an adult, one must first file a petition with a court in the county of which the child or adult has lived for at least six months. In the case of a child, a letter of consent must be included with the petition. This is followed by interviews with the petitioner, the child, the parents and any other interested party, as well as a home visitation and criminal background check. A judge will then review the petition and hear from any interested parties, after which the judge will either approve or deny the petition. Depending on the circumstances, this process could take several months. Termination of Guardianship Guardianship ends when: The agreed upon terms have been completed; The guardian chooses to resign; The ward passes away; or a judge determines guardianship is no longer needed or it no longer serves the best interest of the child or the adult. Whatever type of guardianship you’re seeking, it’s always best to contact a family law attorney to help navigate the potentially complicated and confusing process of becoming a guardian.

Every year, King Law Firm Attorneys at Law takes a quick look at some of the new 2020 California laws that have taken effect on the first of January and are most likely to affect your business, your personal life and your health. Work and Business Minimum wage has risen to $13 dollars per hour for companies with over 25 employees and $12 for companies with less than 25 ( SB 3); also, some independent contractors may have to be classified as employees if you control and direct their work as part of your core business ( AB 5). Businesses may no longer discriminate against someone’s natural hairstyle or texture ( SB 188), and they must provide adequate, intrusion-free accommodations for lactation that includes electrical outlets, refrigeration and sinks ( SB 142). If your business has at least five employees, you must provide sexual harassment training every  two years ( SB 1343), and employees now have up to three years to file a claim of discrimination or harassment ( AB 9). Marriage Heterosexual couples of any adult age may now register as domestic partners instead of choosing marriage ( SB 30). Health Adults living in California illegally are now eligible for government-subsidized health insurance benefits ( SB 104), and transgender youth currently in the foster care system now have access to gender-affirming medical services, mental health counseling and hormone therapy ( AB 2119). All California residents will be required to have some type of health insurance ( SB 78). Public Safety and Privacy The statute of limitation on reporting domestic violence to law enforcement is now five years ( SB 273) and the statute of limitations for reporting a childhood sexual crime has been changed to the age of 40 ( AB 218). Anyone who is banned from buying a firearm in another state will no longer be able to purchase one in California ( AB 164), and you must be 21 years of age to purchase a semi-automatic rifle ( SB 61). If a firearm is removed from the home by a child or unauthorized user, the owner of the firearm may be charged with a crime and be banned from owning a firearm for up to 10 years ( SB 172). Children under the age of 12 who commit a non-violent crime will be reminded to their parent or legal guardian instead of being sent to juvenile hall ( SB 439). Education Public and charter school students in grades four through eight may no longer be suspended for defying teachers or administrators ( SB 419), and students will no longer be denied lunch even if their bills are unpaid ( SB 265). Housing Homeowners Associations and landlords may no longer prohibit anyone from displaying religious items on entry doors and frames ( AB 652), nor can they increase their rents more than 5% plus inflation each year ( AB 1482). Please feel free to contact King Law Firm Attorneys at Law if you have questions or need clarification on any of these and other 2020 California laws that may affect your future.

The holidays can be either a relaxing get-away from your busy schedule or an extremely stressful proposition. Regardless of how you may feel, being around family is a great time to discuss major decisions with those that care about your future, as well as assess any potential issues that may have gone unnoticed during the hustle and bustle of your everyday life. Wills and Trusts It’s never too early to make sure members of your family have a will or living trust in place. It may seem simple, but there is quite a lot that goes into creating a will or trust that may not have immediately been considered. To begin, there are various types of wills and trusts, so figuring out which one is best suited for your needs is an important step. Then an executor or trustee must be designated, beneficiaries and heirs must be named, a list of assets must be drafted, and custody arrangements must be made, not to mention the possibility for charity contributions, business transfers and other legal matters that need to be addressed. Divorce Options Is one of your in-laws missing at the family Christmas party? Does one of your siblings continually complain about there spouse? Perhaps it’s time to discuss the possibility of divorce. It may be a difficult conversation to have, but if someone is unhappy, it may be time to break free of that negative energy. Discussing matters such as contestation, mediation, court proceedings, custody plans, asset distribution, and how to deliver the news to any children involved prior to filing any paperwork is a strong start in understanding what toll this process might take. Adoption Considerations The announcement of a pregnancy can occasionally trigger others to contemplate raising a child. Discussing these thoughts with family can help curb any fleeting decisions, but once it’s clear they are serious, it’s time to discuss the rewards and challenges of each age group and race or culture, whether or not there are strong financial and support systems in place, and how a child may affect the parent’s everyday lifestyle. Business Needs and Contracts One New Year’s resolution many people have is starting their own business or reevaluating current business plans and contracts. Either way, this is no easy feat. There are many things to consider when starting a new business: understanding the industry; figuring out your target market; choosing the business entity; building a business plan; working out the financial burdens; finding investors or business partners; and purchasing the right insurances to cover potential risks to the business. Most of all, you want to make sure you’re absolutely ready; and talking everything out with family is a good place to start. King Law Firm Attorneys at Law, Inc. is ready to discuss any of these issues with you over the holiday season and help give you peace of mind as we head into the new year. Happy Holidays and Happy New Year!

With a new decade quickly approaching, we feel it is important to reflect on the past ten years, take stock of everything good that happened in our lives, and give thanks for everything that has brought us joy, pleasure and serenity over this tumultuous decade. 2010 began in the middle of a minor depression, leaving many people struggling to find work, pay the bills, keep their homes, or find their next meal. The stress may have led to anger and frustration within every type of relationship, as well as helping to compound severe illnesses. However, for all of the struggles, pain and hardships, over time, the economy did get better. The stock market rose, reaching an all-time high this past month. People found solid financial footing, leading to a strong growth in businesses and employment. The housing market stabilized and people felt more open to ask for help from friends and family. At the same time, there was a major cultural shift that spread like a wildfire across the nation. The #Metoo movement took root, giving women the strength to speak their truth about sexual assault and abuse; new regulations were implemented, some improving relationships between the employee and employer, others making it harder to conduct business in California; the exponential growth of social media has changed how we communicate on a daily basis; traditional gender roles and how relationships work dramatically shifted, leading more people to get married later and have less children; and political bickering, mass shootings and being constantly offended has unfortunately become a normal occurrence. Through it all, we survive. We at King Law Firm are asking everyone to focus on the positive moments in your life over the next couple of months. Perhaps you got a new job, purchased a new home, discovered a new health regiment, or attended your child’s wedding. No matter how large or small it may be, give thanks to those who provided love and support through all of the rough times. Negative buzz will continue to bombard our senses each and every day. But when we focus on the positive things we have and what will come in the future, we’ll all be better prepared to combat the negative events that are bound to strike at any moment, providing us all a path for a healthier, happier future. King Law Firm will be open during the holidays for emergencies in family legal matters. If you need a lawyer to help you through a legal issue with your children, spouse, or other family members, we’ll be here to help you this holiday season. Happy Thanksgiving from all of us at King Law Firm.

Performing due diligence when it comes to setting up an inheritance is highly recommended for anyone with a family. Having a living trust in place when your time on Earth has expired helps protect family members from lengthy and costly probate or contentious legal battles while they are still grieving your loss. However, no matter how much time and effort we place in building a living trust, mistakes still happen. Real property or other assets may sometimes be unintentionally left out or never transferred to the trust. In California, this type of oversight can be remedied by filing what’s known as a Heggstad Petition. What is a Heggstad Petition? The Heggsted petition was formed after the Heggsted estate probate ruling in 1993. Prior to his death, Mr. Heggstad failed to record a grant deed to formally transfer some property to the trust. However, because he had previously listed the property on the trust’s Schedule of Assets, there was a clear intent to transfer the property to the trust, which prompted the court to rule that it was, in fact, part of the trust. Since this ruling, this measure of intent has been redefined to include assets that aren’t listed on the Schedule of Assets but include written, legal proof that it was always the decedent’s INTENT to include the asset. When should I file a Heggstad Petition? Some reasons to file a Heggstad Petition include: Property not being transferred or being incomplete at the time of death; Flawed paperwork Failing to change the title of the property; or Failing to return the property to the trust after a refinance. Be aware that if the court denies the petition, the estate loses any fees associated with filing and may delay the distribution of assets even longer than a normal probate. How do I file a Heggstad Petition? Heggstad Petitions are filed under California Probate Code 850. You may file for a petition if you meet one or more of the following criteria: A trustee holds the title to the property, but another person claims ownership; A trustee claims title to a property that is held by someone else; or the property is claimed to be subject to a creditor There is no formal document to fill out, but there is specific information that must be included: A copy of the decedent’s trust, including the Schedule of Assets; Relevant decedent and beneficiary Information; A description of the assets in question; and Clear and legal documentation of the decedent’s intent to include the property in the trust. Filing a Heggstad Petition can be quite arduous; providing vague language, such as “all property” may not be beneficial or enough to grant the petition, and you must provide a 30-day notice to all interested parties before filing. Bottom line, you will definitely want to talk to a probate attorney to correctly file the Heggstad Petition.

Recently, there’s been a rise in the number of young unmarried couples living together and older couples merely “shacking up” instead of getting married. What these couples may not understand is that simply being in a long-term, committed relationship does not give them the rights and benefits of a married couple. Misconception – California is a common law state Though there are several states that do recognize common law marriage (which states as long as you live together in a committed relationship for a set number of years, you will receive the same rights as a married couple), California is not one of them. Living together, or cohabitating, does not guarantee the same rights to property and inheritance. In the eyes of the law, these couples are nothing more than “legal strangers.” In other words, the rules governing community property and intestacy do not apply to unmarried couples. This can make some things easier, but others, such as the division or inheritance of real estate, can become quite sticky. Having a cohabitation agreement covering financial obligations during and after cohabitation, a will, and/or a living trust is a must to guarantee the correct distribution of property. Misconception – Custody and Paternity automatically belong to both biological parents Despite what you may believe, unwed fathers have very little, if any, rights when it comes to custody. Regardless of whether someone is the biological father or is in a long-term, committed relationship with the mother, the mother is automatically granted one hundred percent physical custody of a child born out of wedlock. In California, though, courts do take into consideration the health, safety and welfare of the child. If the father is the primary caregiver or has signed a Declaration of Paternity at the time of birth, he may have more rights when it comes to custody and visitation. Misconception – Cohabitants have rights in health care decisions Unlike married couples, cohabitants do not have any rights when it comes to making medical decisions on behalf of their partner. Spouses, adult children and biological parents are treated as top-priority decision-makers, regardless of how long someone has lived with their partner. Therefore, individuals must have a medical or healthcare directive in place. This includes a Health Care Declaration indicating how you are to be treated in emergency situations, as well as a Durable Power of Attorney for Healthcare designating who has the right to make medical decisions on the individual’s behalf. Misconception – Cohabitants can dictate funeral arrangements Although cohabitants may have told their partner what they want when they die, it doesn’t mean that person has the right to carry out those wishes. These decisions automatically go to the next of kin, and only a spouse, parent, child, grandparent, sibling or legally authorized representative may order a certified copy of the death certificate. Having a will or other notarized legal affidavit granting these rights to the cohabitant is the only way to keep family members from going against the deceased’s wishes.

With the holiday season fast approaching, let’s take a look at three holiday films that feature separated families and what we can learn when it comes to dating, building unique relationships, and creating new traditions with your kids. Dutch (1991) Introducing a new significant other to your child can be a tricky situation. In Dutch, Natalie (JoBeth Williams) sends her boyfriend (Ed O’Neill), to pick up her son (Ethan Embry) from boarding school for Thanksgiving. This probably wouldn’t be an issue if her son knew her boyfriend was even a part of Natalie’s life. This is not the way you want to handle such a sensitive situation. It takes time for a child to bond with someone new because they may believe you’re trying to replace their other parent. Allow your child to get comfortable with the idea and make sure the relationship is going to last before introducing them. It’s also a good idea to introduce them in a group setting, where they won’t feel pressured or uncomfortable. Bottom line, throwing someone new into your child’s life unexpectedly is a good way to get shot with a BB gun. The Santa Clause (1994) There are many reasons why a couple grows apart. Whatever that reason, it shouldn’t affect the relationship your ex and your child. No matter how much you may not like it, each parent will have different ideas about how to raise their child. This isn’t wrong, it’s just their unique way of bonding. In The Santa Clause, Scott Calvin (Tim Allen) becomes the new Santa after accidentally causing the old Santa to fall from his roof. This identity change scares his ex-wife (Wendy Crewson), leading her to strip Scott of his custody. However, just because you may feel aspects of the relationship are eccentric, it doesn’t mean the parent is negatively harming the child. Keep communication open and allow the relationship between your ex and your child to grow into what it’s meant to be. After all, forcing your child from a parent they love may just be what sends them running off to the North Pole. Four Christmases (2008) Figuring out custody during the holidays can be a difficult process, especially when each parent has traditions they want to preserve. The best thing to do is maintain a healthy relationship with your spouse so you can create a holiday schedule that works best for everyone. In Four Christmases, the dilemma becomes, do Brad and Kate (Vince Vaughn and Reese Witherspoon) go on a tropical vacation or visit all four of their separated parents over Christmas? No one wants their child to be miserable during the holidays, so do what you can to accommodate your wishes with that of the child. Whatever the compromise, be creative and always make sure you’re putting the child’s needs first. Otherwise, when the kids are all grown up, they may rather spend the holidays on a tropical island.

Many of the millions of undocumented immigrants currently living in the United States are hardworking individuals who simply want to provide a better life for their families. Despite this, they struggle with the daily threat of deportation, a burden made heavier by the fear of possible separation from family members, including children, who are U.S. citizens. Though it’s scary to think about what one will do to survive if returned to their home country, one of the biggest concerns of deportation is not knowing whether the family you’re forced to leave behind will be taken care of financially. That’s why it’s always better to have some type of estate planning measures in place. The following are just a couple of options available if you are one of the millions struggling with this fear: Power of Attorney The simplest estate planning option is to grant a U.S. citizen power of attorney. Much the same way a living will might work, the grantor can include what should be done with particular assets, healthcare matters, and who may be designated as the guardian of their children. Self-Settled Trusts Setting up a self-settled trust (sometimes called a “deportation trust”) is a bit more complex. This type of trust works in a similar way to an asset protection trust, wherein the grantor and the beneficiary are the same person. The trust allows the grantor the ability to add guardianship details, stipulate the payment of debts and what should happen to assets not listed in the trust, and can be setup so that the beneficiary can receive discretionary payments approved by the trustee as long as the grantor is living in the United States. This type of trust protects real estate, bank accounts, businesses and personal property, making it difficult, if not impossible, for authorities to freeze or confiscate these assets should the grantor suddenly be forced to leave the U.S. There are three major hurdles one must consider before creating a self-settled trust: The grantor must first apply for an International Taxpayer Identification Number (ITIN) with the IRS. This allows the undocumented citizen to open a bank account needed to setup the trust. Only a handful of states currently allow self-settled trusts. California and Arizona do not recognize self-settled trusts, though California doesn’t necessarily prohibit them either. It’s just much harder to receive the benefits that the trust may allow. Advanced planning is critical. Most states apply a protection statute of limitation on the trust, requiring a set time a trust must be in place before benefits will go into full effect. Do not wait to set up the trust when deportation is imminent, otherwise, there may not be enough time to settle all affairs. For more information on these, or other estate planning options that may be available to you as an undocumented immigrant, or how taxation matters might affect you, contact a qualified immigration attorney.

A prenup for a pet? Why? Because you love your pet. We know you do. Whether it be a dog, a cat or even a horse, they aren’t just a piece of property you have to walk and feed. They bring joy, comfort and friendship; the deep bond you form with your pet makes them an integral part of your family. Now imagine bringing a pet into a new relationship or deciding to adopt a pet after getting married. Both you and your significant other no doubt love the animal as much as you love one another. In some cases, your pets become your children. But then things take a turn for the worse. Arguments get heightened and you just want out of the relationship. As your lawyers begin to divide your property, your pet becomes a bargaining chip. Your significant other fights tooth and nail to keep the animal, while you refuse to give it up. Like your once brand-new couch, your hope for an amicable divorce is ripped to shreds. In recent years, custody battles over pets, especially with the millennial generation, is on the rise, as they choose to have pets over kids. This is why more and more couples are gravitating toward a prenup prior to the adoption of their new family member, so that they may avoid similar scenarios. A pet prenup can help decide who in the relationship will care and feed for the animal, pay for insurance and medical bills, take them to the veterinarian, and ultimately who would retain the pet in the event of a breakup or divorce. In most states, pets are still treated as property, making the prenup an iron-clad statement of ownership. However, California recently passed Assembly Bill 2274, which differentiates companion animals and pets from all other types of assets and allows the courts to judge the merits of ownership on the health and well-being of the animal, even with a prenup in place. Without a prenup in place, if your name is on the adoption documents, the animal is considered yours. However, if your spouse is the sole caretaker of the animal, the judge could conclude that the animal would be better suited to live with them. Having a prenup in place would help you better fight for the rights of the animal. Pet prenups may also include shared custody arrangements, which outline what custody would look like in the event of a divorce. If you have children, a shared custody arrangement would generally follow the child’s, giving comfort and stability to both the child and the pet. If you don’t have kids, custody arrangements are better when agreed upon prior to taking on the responsibility of pet ownership. Best of all, having a pet prenup can give you piece of mind and a healthier relationship with both your significant other and your pet. And isn’t that what we all really want?