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Hello, neighbors! As a law firm specializing in estate planning, we know the vital role that trust and estates play in our lives. Bust out that plate of cookies to bring next-door because today, we’re here to chit-chat about something super-duper important: The benefits of staying connected with neighbors and community. Trust us, it's way more advantageous than you'd expect. We're about to embark on a wild adventure together, discovering how strength in numbers can turn the ordinary to extraordinary. Buckle up, folks, and let's unleash the power of being neighborly, cause we're friendly AF. Creating a Sense of Belonging: Picture this: a magical land where everyone knows each other's names, friendly smiles and warm waves abound. Yep, that's a KATE-borhood. No one is an anonymous building face in the crowd but an integral part of a supportive family, and asking for a cup of sugar is NBD. Defending Against the Forces of Chaos: Let's face it; KATE-os is inevitable. Life is overwhelming and so many of us are in the weeds. Knowing that your neighbors have your back eases the stress of everyday drama. So save that drama for your llama, and take part in your community. Strong connections and a network of shared information are the foundation of coping with all the BS. Together, we'll conquer the chaos and create our happy place IRL. Cheers to not losing our shit, marbles, or minds. Stay safe out there. Encouraging Collaboration and Support: In times of crisis and everyday challenges, having a strong network of neighbors makes all the difference. We can lean on one another for advice, resources, or a friendly ear to listen. Together, we can overcome obstacles and celebrate our collective triumphs. When we stay connected, we unlock the potential for epic collaborations and adventures. Whether it's organizing a neighborhood block party, community garden, or Fourth of July BBQ, you'll soon realize... we're better together. Trust and Estates: Ensuring a Legacy of Unity: Here at K. Kelso Law, we're experts in trust and estate planning. We believe in setting up a legacy that would make the Rockefellers jealous. And you know what makes it all possible? Neighborly love and trust. A tight-knit community is like having a trust fund of unity that never runs out. Building connections with our neighbors and wider community is essential for creating a vibrant, thriving neighborhood. By fostering a sense of belonging, promoting safety, encouraging collaboration, and preserving traditions, we strengthen the ties that bind us together. We invite you to reach out to us for any legal assistance related to trusts and estates or our other legal services. The K.KL team is here to support and help secure your legacy, always with a smile. Oh, and by the way, if you had a blast reading this blog, do us a solid: vote for K. Kelso Law as your favorite on the Nextdoor app. Together, we make one hell of a team.

Taylor Swift dabbles in a number of arenas. Country music, pop music, men, politics, more men, maybe women, and, apparently, estate planning. One of Taylor’s latest hits recalls a dream in which her daughter-in-law murders her (those are normally called nightmares, but I digress) for an inheritance. If you aren’t a Swiftie and/or live under a rock, the lyrics to “Anti-Hero” go: After the pop superstar met her swift demise, her in-laws discover in a “Knives Out”-style reading of the Will (more on that in a moment) the estate wasn’t tailored to them. There are some valuable lessons embedded in this masterpiece. Whether you think about killing your in-laws for the money or are at risk of being murdered by your in-laws, gather ‘round for a little song and dance dissecting this one line-by-line. Taylor’s daughter-in-law should’ve familiarized herself with the Slayer rule before letting the bad blood boil over. Although she may have been listening to Slayer to psyche herself up for high-profile murder, the Slayer statute explicitly disqualifies someone from inheriting from anyone they intentionally kill. As Taylor says, “No body, no crime,” but hiding the body won’t retroactively get you in the Will. Neither will using threats to get her to change her estate plan right before the murder. Contrary to popular belief, you can actually draft new estate documents just prior to death as long as the details adhere to legal requirements and aren’t produced under duress. Intimidating Taylor to mockup a new Will would be futile. Probate judges sniff out undue influence in estate plans. California’s probate court can be notoriously tedious. You bet your ass Taylor’s Will would take an era to sift through. Let’s settle this one once and for all: there is no standard “reading of the Will.” Pop culture has gotten to y’all’s heads. Just because movies like “Knives Out” and “The Grand Budapest Hotel” showcase the dramatic gathering of the family for a reading of the estate does not mean this happens in reality. While there’s nothing saying you can’t do this, the truth is that estate documents are boring (even Taylor’s Version). The legal minutiae alone will bore half the room to death. On top of that, if you are not named in estate documents and never have been you have no right to access the contents of the estate. Is Taylor Swift really going to hell? Debatable. If you also want to laugh at your in-laws from the grave, effective estate planning gives you one last chance. If you knew they were trouble when they walked into your life, effective planning can protect all your hard work from falling into the wrong hands. You need to craft an estate plan that not only omits the in-laws from hell but also includes provisions in the event the in-laws decide to murder their way through your family. In most cases, a surviving spouse assumes the assets of their deceased spouse unless an estate plan or beneficiary designation says otherwise. Trusts give you far more control over your assets in death than a simple Will can. You need an estate planning attorney that knows their shit. At K. Kelso Law, we make sure our clients are equipped to fight off any unwanted advances from thirsty in-laws trying to get their grubby little fingers on everything they’ve worked hard for. Fill in that blank space in your estate plan today.

Throughout our lifetime, there are going to be times when we feel overwhelmed by what the world puts us through. We form relationships with others and rarely do we prepare for its demise. Divorce is one of those life events we cannot plan for, but when it does happen, it can turn our world upside down. The interlinked bond between us and our marriage partner can make it hard to imagine a life without them. So when we realize it’s over, it can threaten our feelings of security and safety. The disruption of one of our closest relationships can destroy how we feel about ourselves and our future. But thankfully, there are loved ones and legal professionals that you can lean on when times get difficult. Emotional Challenges of Divorce If you have been divorced, or are on the verge of parting ways from your spouse, then you probably already have a feeling how challenging it can be. Divorce studies have been performed all across the nation. Researchers have found that except for those who were in the most displeasing marriages, people who are divorced or separated have higher rates of mental health struggles and physical concerns compared to married people generally. By contrast though, researchers have also found that the people in the most unhappy marriages often have a sense of relief and are hopeful for their future to come once divorce is finalized. But even if the divorce was the right choice, it doesn’t mean there wasn’t stress, time, and money involved in parting ways. Ending a marriage could be the best choice for both parties, but they each may still experience on an individual level the financial hardship and heartache associated with divorce. The Lasting Mental and Physical Effects of Divorce Despite divorce being a single life event, it can have lasting mental effects on the people who went through it. It’s a process that can leak into other aspects of someone’s life and health. As a personal injury lawyer from Cohen & Cohen would share, some people become so distressed dealing with their inner thoughts and heartache that they become vulnerable to sustaining physical injury. And if an injury accident happens that was someone else’s fault, it can add only more stress to an already strenuous period. The impacts of divorce go farther beyond the coming moments, as even when divorce has finalized, the person may be left with emotional burdens to work through. Seeking Support from Professionals and Loved Ones Many divorce proceedings go through an arduous and drawn out court process that causes people to develop bitter feelings, resentment, and a negative mindset. But with enough support from the people in your life, and a dedicated lawyer, it can become more manageable. Your lawyer can help you with things like asset protection and division, child custody, alimony, divorce, mediation, and other topics related to family law. If you have questions or need help, visiting with a lawyer is the best way to understand your predicament and how a smoother path can be paved for you so that you are less stressed and more able to move forward in a healthy way.

Let’s face it; it may be tough to think about your or your parent’s future and the likelihood of needing a long-term care facility, such as a nursing home, one day. Even though forty percent of Americans need long-term care by the age of 65, the costs of nursing homes continue to rise. A few years in a nursing home could easily wipe out a lifetime of savings for the average person. Long-term care facilities can suck the life out of your assets and leave you and your family destitute. Medicaid assistance is available for those who can’t afford to pay out of pocket, but you must plan for your future to protect your assets from nursing home costs. How to Protect Your Assets From Nursing Homes As you prepare for your future, it’s crucial to create an asset protection plan that works for you and your family. If you, your spouse, or your parents choose to receive help from Medicaid, it’s essential to consider the five-year “look-back” period for asset transfers. There are a few ways to get around this “look-back” period and ensure you are eligible for Medicaid and other options to protect your assets from nursing home costs. 1. Long-term care insurance. Long-term care insurance covers nursing homes, assisted living, adult daycares, and at-home health care for those with chronic conditions that make it difficult to perform daily activities and need extra assistance. 2. Put assets in an irrevocable trust. An irrevocable trust is a kind of trust that holds your assets and designates beneficiaries. However, this legal entity does not allow you to make changes or cancel the trust. 3. Consider purchasing a Medicaid-compliant annuity. A Medicaid-compliant annuity is needed when a spouse is not institutionalized or in a nursing home. This helps reduce the income Medicaid considers when determining your eligibility for assistance. 4. Create a life estate plan. It’s critical to get ahead of Medicaid’s five-year look-back period by creating a life estate plan with an estate planning attorney you can trust. This life estate plan allows the homeowner to keep the house until they die and pass their property to their chosen person. 5. Save your statements and receipts. To avoid Medicaid’s look-back period, ensure all your bases are covered by saving your statements and receipts for significant expenses and financial gifts. How to Protect Parent’s Assets From Nursing Home As your parents get older, it can be daunting to think about the costs of a nursing home or assisted living facility and determine how to protect their assets. If your parents don’t have a solid asset protection plan, they could face spending their life savings on a nursing home. It’s critical to get ahead of Medicaid’s five-year “look-back” policy and protect you or your parent’s assets from the high prices of nursing homes and spendy assisted-living costs. Reach out to a trusted attorney to help you and your family develop a strong asset protection plan.

You probably think wills and trusts are only for the rich or retired. We’re here to tell you that not only can anyone have a will and trust, but everyone should. But which document is best for you? Read below to find out! While a will and a trust are two separate documents with many differences depending on your circumstance, they are two of the defining pillars of estate planning. Both are used as instruments to ensure your assets are administered the way you want them, avoiding the dreaded probate court. You may benefit from one more than the other, but when used together you are better prepared to reach your specific estate planning goals. It is paramount to plan and prepare for your future, and making these tough decisions now with a trusted attorney can make things easier for your loved ones when the time comes. What is a Will? A will is a legal document created with your attorney that outlines how your estate and assets will be distributed after your death or in the event you become mentally incapacitated. A will can: Nominate guardians for minors and pets Designate where property and assets go Specify funeral arrangements Having a will on its own is a great first step in the estate planning process, but there are some drawbacks to having a will stand on its own. It does not provide protection during incapacity, is only effective after death, is still prone to be submitted and contested in probate court, and is available to the public, unlike a trust. A trust will also take precedence over a will at the time of asset distribution. What is a Trust? Trust is both a separate legal entity and a fiduciary relationship. The creator of a trust—the grantor—can give control of assets to a third party, the beneficiary. With trusts, the grantor holds all control and grants access to certain assets with specific rules and conditions. The grantor creates contingencies that determine when a beneficiary can receive the assets, such as reaching a certain age or designating help to look over children with special needs. A trust can: Grant significant control over when and how assets are distributed Apply to all assets funding the trust Allow for several tax exemptions Trusts are more complex than wills but guarantee the exemption of probate. The Main Difference Between Wills & Trusts The primary difference between wills and trusts is when each goes into effect. A Will don't go into effect until you pass away, while trusts are effective immediately upon funding. Can You Have Both a Will and a Living Trust? Depending on your situation, you may have one or the other. Each document provides a different solution and strengthens an estate plan when used together. Sit down with a trusted and knowledgeable attorney to determine what would be the best solution for your situation.

Being an estate planning attorney is a great career if you have the patience to see it through. It can take time to break into the field, but once you’re in, it’s a rewarding job. People trust you with their estate's planning process, and you get to help them make sure their loved ones are cared for after they’re gone. This career can help individuals, families, and friends find peace and ease when their loved one passes away, knowing that you helped get their assets in order before their passing. What is an Estate Planner? Estate planning attorneys offer guidance on preparing one's affairs and assets before mental incapacitation or in case of death – because, let's face it, we're all going to kick the bucket someday. Estate planning attorneys have years of experience in education, mentoring, and legal practice. Without a trusted attorney, decisions about assets and properties would be left to the next of kin, which can be messy and dramatic for some families. Reasons Why You Should Become an Estate Planning Attorney 1. You are able to think long-term and plan for the future. As an estate planner, you work closely with families over a long period of time, helping them even through generations. If one client passes away, it’s common for their other family members to enlist you as their estate planning attorney for themselves or other loved ones. 2. You love to help people. Assisting clients towards the end of their life is a delicate job and one that requires empathy and care. If helping people is among your greatest joys, becoming an estate-planning lawyer might be the ideal career for you. If your client dies, you will likely have to speak to their family members and loved ones. This requires that you be able to help others in difficult times. 3. You enjoy working in financial and taxation situations. Clients trust their estate planners with their money and assets, so it’s important that you have a good understanding of managing funds. As an estate planning attorney, you will manage their property, assets, trust funds, investments, insurance, and savings and checking accounts. What Does an Estate Planning Attorney Do? Construct a living will, last will, and testament Set up and manage trust accounts Naming an executor and power of attorneys Identifying all beneficiaries Naming a guardian for minor children Managing debts and minimizing taxes and legal fees Creating a blueprint or a set of instructions for passing your valuables Ensuring preferences for funeral arrangements are taken into consideration Finalizing instructions for care if you become ill and are unable to make decisions Obtaining life insurance, disability income insurance, and long-term care insurance How to Become an Estate Planning Attorney If you’re interested in becoming an estate planning attorney, it’s crucial to get a strong education and as much experience as possible. Specializing in finance, tax, and accounting can be a strong starting point, but ultimately having a degree from an accredited law school is essential. You also need to take and pass the state bar exam in order to receive your law degree. If you’re considering becoming an estate planning attorney, it’s good to recognize the skills that are important to have as well as the duties and responsibilities of being a good attorney. Reach out to an experienced and knowledgeable estate planning attorney for some first-hand insight.

Kim and Kanye Divorce: Why You Should Consider a Social Media Clause in Your Contracts Kim Kardashian broke the internet, now she’s breaking Kanye’s heart. The Kardashian empire is a well-manicured *pun intended* machine, but the Kardashian-West messy divorce is so not on-brand. The Kardashians have been living their lives in front of the camera for years with Kim at the helm, sharing everything from a secret pregnancy to addiction. But let’s sip the diet tea: Though Kim and Kanye began separating at the beginning of 2021, the divorce got nasty when Kanye began directly referring to his ex via social media. Let us not forget Robert Kardashian infamously sharing lewd photos of Blac Chyna, during a post-split temper tantrum. In what was another Kardashian Kase of revenge porn that could have been avoided by sitting down with a trusted attorney. Blac Chyna, like Kim Kardashian, could have added a social media clause to her prenuptial or divorce agreement and saved themselves the public (or pubic) scrutiny. Are Kim and Kanye Divorced? The Kardashians are no strangers to divorce. After 72 short days, Kim divorced her second husband. The drama! The tears! The paycheck from E! News Network! Despite a year of attempting to end her marriage to her third husband, Kanye West is playing hard to get. He was unresponsive to most requests but had no problem constantly posting on social media and making consistent public outbursts. Earlier this month, Kim was officially declared “legally single” from her seven-year marriage, despite initially filing back in December. Once Kim was declared legally single from the rapper, he took to Instagram once again to air dirty laundry from their split. Sorry, Kim, but the third time was not the charm. You’ll get ‘em next time. Social Media Outbursts From Kanye Show Importance of A Social Media Clause in Divorce After Kim and Kanye separated, Kim started quietly then not-so-quietly dating SNL star, Pete Davidson, causing Kanye to make public statements insulting Davidson and implying that Kim and himself were getting back together. Kanye stated, “How you gonna bring me to SNL and then kiss the dude you dating right in front of me?” His proclamations of love and frustration didn’t stop there, though – his attempts to publicly win back Kim quickly turned into a series of allegations about her keeping the kids from him. “How could you be so heartless,” Ye? Kardashian has also taken to Instagram to address the controversy: “Divorce is difficult enough on our children, and Kanye’s obsession with trying to control and manipulate our situation so negatively and publicly is only causing further pain for all.” In February 2022, Ye wrote that he was taking accountability for his actions in the public feuds with Kim. Seems like a social media clause in their prenuptial agreement would have saved them a lot of heartache and me a lot of time scrolling. How Could a Social Media Clause Have Helped the Kanye and Kim Divorce? Whether you are a celebrity or regular shmegular, adding a social media clause to your prenuptial, postnuptial, or marital settlement agreement can ensure that neither party has to deal with derogatory comments or (eep!) private photos being plastered throughout every social media platform. A social media clause often states that neither party can post negative information about one another, or publish unwanted photos or videos online. If one of the parties breaks this contract, they have to pay the agreed-upon fine and delete the negative posts from the Internet. No tweets, tags, blogs, texts, instas, snaps, TikToks, or posts. If Kim had implemented a social media clause during her drawn-out divorce or insisted on one during her prenuptial agreement negotiations, she could have protected herself and her kids from unwanted publicity or at least gotten paid for Kanye’s posting, and we know she likes that cash money. Reach out to a knowledgeable attorney who can help protect you with a social media clause during your divorce or in your prenuptial agreement.

This past year, the #FreeBritney movement has been splashed across every major news outlet, turning Britney Spears’ fight in court to free her of her conservatorship into casual dinner conversation. The events of the past three years involving the pop princess have sparked a massive online presence, leaving many wondering exactly what a conservatorship is and how exactly she was forced into one. What is a Conservatorship? You may have heard that Britney Spears was held under a conservatorship, but what actually is this legal status? A conservatorship occurs when: A court has deemed an individual as incapacitated A court appoints a conservator to manage an incapacitated individual person’s personal and financial affairs If you are considering a conservatorship for your loved one, it is essential to speak with a lawyer, to help you understand all of your options. How to Get a Conservatorship Before you jump on the conservatorship bandwagon, first consider the pros, cons, and hoops. While all decisions relating to the conservatee will always be monitored by the court, a significant disadvantage is the court process itself. Court fees, potential attorney fees, and potential third-party professional fees can rack up pretty quickly, making the cost of having a conservatorship quite high. Conservatorships are a delicate dance between the conservators and the conservatee, so here are some questions to consider: Is your loved one disabled? Can your loved one make decisions about money and their living situation? Is your loved one struggling to remember to pay bills? Are you suspicious of other people using undue influence over your loved one for financial gain? Do you try to help your loved one with daily tasks only for them to become indignant or refuse to allow any help? If someone can no longer handle their own financial or personal affairs, the court can name an individual to act on behalf of the incapacitated person. If the matters involve a minor, it is usually deemed a guardianship, while a conservatorship helps an adult. These terms are interchangeable, however, and states define these terms differently. It’s important to consult an attorney to determine the best decision for your situation. Why Does Britney Spears Have a Conservatorship? Britney Spears’ conservatorship is a story about fame, power, drugs, and neglect. The timeline of events that led to Spears’ conservatorship goes a little something like this: 2006 paparazzi images of Spears’ driving in Malibu with her first child in her lap sparks controversy 2006 child welfare visit to home after son fell out of a high chair and suffered a minor skull fracture 2006 files for divorce from Kevin Federline 2007 multiple admissions to drug and alcohol rehab centers Infamous head shave Infamous SUV umbrella attack 2007 divorce finalized 2008 committed to a psychiatric ward and put on 5150 involuntary psychiatric hold under California state law 2008 entered into conservatorship with father, Jamie Spears Alternatives to a Conservatorship A conservatorship should be viewed as a last resort when considering the demand of the role itself. It’s essential to cover each option and determine the best solution for your situation with guidance from a knowledgeable attorney. Some alternatives include: Guardianship Advanced Healthcare Directive (living will) Britney Spears struggled for years to regain control of her freedom, but thankfully not every conservatorship works the way it did for Spears. Sit down with your attorney and determine the best course of action for you and your loved ones.

Most people getting married plan to spend the rest of their lives with their significant other, playing out their own fairytale. However, things aren’t always picture-perfect. You may have heard an alarming statistic stating that 50% of marriages end in divorce. But is that still the case? The U.S. divorce rate is one of the highest globally and has been this way since the ’60s. Although it may be slowly decreasing, preparing for every possibility with a prenuptial agreement is paramount so that you can protect yourself, your partner, and your family members in the unfortunate event of a divorce. How Many Marriages End in Divorce? If you’re getting married, considering a separation, or going through a divorce, you may ask how many marriages end in divorce? Understanding the facts behind divorces can help you and your partner prepare for future obstacles. Although most people have heard that 50% of marriages end in divorce, it has decreased slightly over the years to approximately 40-50%. But according to the Census Bureau, the divorce rate actually increases after the first marriage, with 60% of second marriages ending in divorce and 73% of third marriages. The odds are not in your favor for the third marriage – it turns out the third time is not the charm in this case. Divorce is On the Decline The divorce rate is declining, but many factors create that gradual decrease. Fewer people are getting married, which means fewer people are getting divorced. But why aren't people taking the plunge and getting married? With the millennial generation taking charge, marriage is not a top priority for most. As the marriage rates decrease, the cohabitation rates increase when those figures were not even close two decades ago. While people live with one another and wait for marriage, there is also a higher acceptance of single-parent homes, increased financial struggles, and greater use of birth control. Reasons Why Marriages End in Divorce There are several reasons why marriages end and couples separate, but other outside factors can influence a divorce. The COVID-19 pandemic tested relationships with country-wide lockdowns and quarantines, causing one of the most significant single-year increases in divorces in years. Another factor is seasonal spikes in divorces, usually between January and March, due to the holiday season's strain on families and couples. Besides the usual reasons for divorce, having divorcee friends can also increase the possibility by 33% for a marriage ending in divorce. But, the most common grounds for divorce are infidelity, consistent arguments, lack of commitment, marrying too young, and abuse. Preparing for Every Possibility With a Prenup A prenuptial agreement prepares couples for every possibility because regardless of how healthy your relationship is, there is always the chance of something unfortunate happening. A prenup will ultimately save both parties from emotional and financial stress and provide security throughout the marriage – plus, it saves time and fees during the divorce process. When should you get a prenup with your significant other? If there are several assets or a significant amount of money Ownership in family assets, family business, or personal business If there are children from a previous marriage If you’ve experienced one or multiple divorces If there is a large amount of debt before the marriage It can be challenging to have these conversations with your partner, but being candid and honest will help your marriage in the long run. Once you both agree on signing a prenup, then you can find an attorney who will guide you through the legal process of a prenuptial agreement. Anyone and everyone can benefit from a prenup, regardless of the number of assets or money in the bank. Seeking an attorney experienced in divorce law can help ease the process and create a document that works for both parties. No Prenup? No Problem. Having a prenup in place can add an extra level of security and safety throughout the marriage. Still, if you didn’t sign an agreement before marriage, other options are available to you. Postnuptial Agreement A postnuptial agreement allows a couple who is already married to create a plan in the case of divorce, separation, or death. This kind of agreement also allows a couple to continuously update their document if there are changes in finances or marital issues. Divorce Mediation Divorce mediation is another alternative when going through a separation. This process allows both parties to express their wants for the dissolution of their marriage while a neutral attorney helps mediate. Finding a skilled attorney and mediator can ease the process and help both parties reach an agreement and ultimately leave amicably. Trusts A trust allows an individual to entrust their property and assets to one or more people to protect those assets in the case of a divorce or death. Trusts can be used by family members to help protect inheritances by making the assets the property of the trust. This allows you to protect your assets from dividing in a divorce prior to or during your marriage. Although the divorce rate is decreasing, there are still a lot of marriages that unfortunately end in divorce. Understanding the statistics and reasons why divorce is so common will better prepare you during your marriage or separation. Planning for every possibility with a prenuptial agreement or other alternative asset protection plans will decrease stressors in your marriage and provide a safety net for each partner. Reach out to a divorce lawyer for any questions, concerns, or learn about what options would best fit your situation.

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