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Blog Posts (8)

  • Will vs. Trust: Knowing the Difference

    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.

  • How to Become an Estate Planning Attorney

    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.

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  • MEDIATION | K. Kelso Law RLLP

    MEDIATION WHAT IS MEDIATION? Mediation is a great option if you’re trying to settle a dispute and avoid the courtroom. Mediators listen to both parties impartially, helping organize the conversation and ultimately coming to an unbiased agreement. In law, mediation is one form of alternative dispute resolution (ADR). Litigation can be a costly and time-consuming process that will leave one party frustrated and upset. At K. Kelso Law, we help find a solution for both parties, with our goal to remain analytical, logical, and impartial. DIVORCE MEDIATION Divorce mediation is a great way to add some control and organization to your separation process. Our trained mediator and attorney acts as a neutral, unbiased third party that will meet with both spouses to help navigate through the ending of the marriage. Divorce mediation is another way to avoid costly legal fees while keeping the separation amicable. SKILLS THAT MAKE THE PERFECT MEDIATOR PERSONALITY TYPE Sometimes disputes and conflicts are too big to handle alone. At K. Kelso Law, we offer unbiased, skilled mediation services, ensuring that both parties will be heard. We pride ourselves in providing top-rated mediation resources and specializing in skills such as: LISTENING As your mediator and attorney, we carefully listen to all sides to determine what is essential in order to come to an agreement. We remain unbiased and stick to the facts to find an amicable resolution. ANALYTICAL We logically analyze all parties and their interests to craft an agreement that retains what is essential for all parties. COMMUNICATION Communication is key during conflict resolutions. Our mediators are trained in vital listening and communication skills, helping ease tensions among the parties as we discuss potential solutions. CONFLICT RESOLUTION At K. Kelso Law, our primary goal is to find a resolution that will leave both parties feeling heard and satisfied with the agreement. WHAT SHOULD YOU DO AFTER MEDIATION? Luckily, most mediation cases are successful. As your legal counsel, we will go through the contract and make sure it addresses your concerns and interests before you sign. Then, we’ll write a report that both parties can feel comfortable signing, showing proof of the agreement for the judge. In some instances, such as divorce, you’ll file your mediation documents with the court. At K. Kelso Law, we make it our mission for mediation to result in an agreement, whether it is a mutual resolution or a partial settlement. However, if no immediate solution emerges, there is always the option to reopen dialogue down the road. We’ll still be there for you. WHY K. KELSO LAW FOR MEDIATION? With over seven years of experience, K. Kelso Law can serve you as both an attorney and mediator. We will work with you one-on-one to provide you with the best mediation services so you can settle disputes and ultimately avoid overwhelming litigation and court fees. We differ from other law firms in that there are no hidden fees or agendas. Schedule a Free Consultation OUR ADDRESS 17602 17th St. Ste 102 PMB #507 Tustin, CA 92780 View Map Tel: 1 (888) 823-7756 Fax: 1 (714) 617-5115 Contact Us

  • Law Firm | K. Kelso Law RLLP | Tustin, CA

    Specializing in estate planning, business formation, marital agreements, special needs trusts, and mediation Schedule a Free Consultation K. KELSO LAW K. Kelso Law is a client-centered legal practice specializing in estate planning, general contract law, business formation, prenuptial and postnuptial agreements, special needs trusts and mediation services throughout Southern California. Estate planning is for anyone and everyone, no matter the size and value of your assets, or whether you’re just starting a family or planning for retirement. Empower yourself and protect your future today. K. Kelso Law delivers the highest quality legal services combined with cost-effective and affordable pricing and payment options. At K. Kelso Law, we recognize that our clients are people, not contracts. Our goal is to reduce the legal jargon and make each client’s legal needs and solution options as understandable as possible. Whether you need a prenup before tying the knot, a will, trust, and power of attorney, or help with a divorce, we’ve got you covered. ​ K. Kelso Law is a woman-owned law firm with a commitment to mentoring other women who share the dream of practicing law. TRANSPARENCY Put your trust in a firm that is dedicated to transparency: From our fees to our strategy and plan of action, there are no surprises and no hidden agendas. COMPASSION FOR CLIENTS Our mission is to connect with clients from all walks of life and to prioritize community outreach and a passion for philanthropy. LICENSED MEDIATION Our services include mediation performed by trained and licensed mediators, helping you avoid the emotional and legal costs of going to court. PRACTICE AREAS BOUTIQUE LAW FIRM ASSET PROTECTION PLANNING Start your asset protection planning process today and prevent your hard-earned assets from being unfairly taken by creditors or judgment. ESTATE PLANNING Start early – estate planning is for everyone, regardless of age or circumstance. Creating a good plan to prevent heartaches and headaches down the line is essential. SPECIAL NEEDS PLANNING Start a plan for your loved ones with special needs to protect them and their benefits. Create a blueprint for their future with a compassionate, experienced, and certified attorney you can trust, ensuring long-term protection and care for your loved one. BUSINESS LAW Every business can benefit from having a business attorney by their side to assist with everything from formation to operations and management. DIVORCE LAW Prepare for all possible outcomes with a prenuptial or postnuptial agreement. We can also help resolve the dissolution of a marriage with a settlement agreement. MEDIATION Avoid wasting your precious time and money on court fees and legal services. Stay out of court drama and come to a solution with the help of unbiased guidance from a licensed mediator. TAX LAW Don’t let the legalities and complexities of tax law cut into your income – let’s jump through loopholes together. We’ll listen to any questions you may have and provide all the solutions you’ll need. Schedule a Free Consultation TESTIMONIALS Brett M. Newport Beach, CA Kate is one of the smartest people I know. She learns quickly, thinks before she speaks or acts, and cares deeply about the people around her. Janelle I. Pacific Beach, San Diego, CA Kate Kelso is professional and thorough. She took the time to walk us through everything and was very responsive. Diana H. Kate was very helpful and helped explain everything to us. She was very patient with us. And very organized. I would highly recommend her to friends and family. View All Testimonals OUR ADDRESS 17602 17th St. Ste 102 PMB #507 Tustin, CA 92780 View Map Tel: 1 (888) 823-7756 Fax: 1 (714) 617-5115 Contact Us

  • DIVORCE LAW | K. Kelso Law RLLP

    DIVORCE LAW UTILIZING A MARITAL SETTLEMENT AGREEMENT WHEN DIVORCE OCCURS Unfortunately, many divorce proceedings go through the court process and result in burnt bridges and bitter feelings. At K. Kelso Law, we construct a marital settlement agreement (MSA), a contract defining the terms of the couple’s divorce. A marital settlement agreement is mutually agreed upon by both parties and can smooth the process and avoid miscommunication in the divorce. An MSA thoroughly details each aspect of the dissolution of marriage, such as child custody and support, spousal support, and distribution of shared property and assets. PREPARING FOR DIVORCE WITH A PRENUPTIAL AGREEMENT (PRENUP) With approximately 50% of marriages resulting in divorce or separation, each participant should hope for the best but prepare for the worst. Setting up a prenuptial agreement before marriage can make it easier to create a marital settlement agreement (MSA) if a divorce occurs. A prenup lists all of the property, assets, and debts each person brings into the marriage and details the distribution and rights if the marriage ends. The divorce process becomes easier, cheaper, and less painful if a prenup is put in place before marriage. POSTNUPTIAL AGREEMENTS IF DIVORCE IS UNCERTAIN A postnuptial agreement is a great option for couples who may be struggling with their marriage, but intend to remain married. This differs from a marital settlement agreement because an MSA is for couples who are planning on divorcing or already have. THE ADVANTAGE OF HIRING A DIVORCE LAWYER The divorce process is stressful for everyone. Contrary to what you see in popular media, a divorce attorney can actually save you time and aggravation by facilitating a speedy and civilized process. A divorce lawyer will schedule proper proceedings and present all of the forms necessary, organizing the separation process. Without the skilled support of an attorney, you may end up making an agreement that is unfair to you or that doesn’t consider all circumstances. Get in touch with K. Kelso Law today for a trustworthy attorney that will always act in your best interests. Schedule a Free Consultation OUR ADDRESS 17602 17th St. Ste 102 PMB #507 Tustin, CA 92780 View Map Tel: 1 (888) 823-7756 Fax: 1 (714) 617-5115 Contact Us

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