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July 2015 Archives

Trust Litigation -- The Importance of Timely Distributions

This Blog article continues the discussion of "Causes of Trust Disputes and Litigation" from last week's article.  As discussed, the usual purpose of a trust is to act as a flexible and efficient means of transferring assets from the decedent(s) to the beneficiaries, and to avoid probate.  By avoiding probate the estate can avoid the delay and expense of having the probate court supervise the distribution of the estate.  While avoiding the involvement of the probate court is usually a good thing, sometimes there are problems leading to trust disputes.

Business Litigation -- Go to Trial or Settle the Case?

In a business lawsuit, such as a breach of contract, unfair competition, or similar business litigation dispute, one of the main strategic decisions in the case is usually whether to take the case to trial, or alternatively to negotiate a settlement and avoid trial.  While business litigation trial lawyers make most of the strategic decisions in a fast-moving business lawsuit, the decision whether to settle the case and on what terms is always that of the client.  Certainly the attorneys can and usually do give advice about settlement.  But the decision whether to settle the case must ultimately be decided by the client.

Trust Litigation -- Basic Causes of Trust and Inheritance Disputes

Buffington Law Firm's Trust Litigation attorney team has dealt with all manner of trust and estate disputes.  This Blog article will discuss some of the more common causes of such disputes.

Trust Disputes -- Late in Life Trust Changes

Buffington Law Firm's trust dispute litigation attorneys have dealt with many trust litigation cases deriving from situations in which the maker of a trust (the "trustor") made changes to his or her trust very late in life.  Trust dispute scenarios sometimes involve situations in which an elderly person makes a radical change to his or her estate plan literally days, weeks, or a few months before death.  Of course, in our free society an elder of sound mind has every right to do this at any time.  It is sometimes the case that after a lifetime of reflection a person may rationally want to make changes to the disposition of his or her legacy.  

Troublesome Beneficiaries in California Trust Disputes

Buffington Law Firm's trust litigation attorneys have often achieved successful outcomes for beneficiaries in trust dispute cases in which trustees have abused their powers and failed to properly carry out the terms of the trust.  This article  discusses some of the considerations in these types of trust dispute.

Business Litigation -- Disputes Arising from Sales of Businesses

Buffington Law Firm's business litigation team has handled numerous breach of contract lawsuits arising from the purchase and sale of small businesses.  One of the most common scenarios for breach of contract and business litigation disputes derives from transactions involving the purchase and sale of a small business.  Many Americans dream of financial independence through ownership of one's own small business.  Buying a small business, perhaps through a business broker, often appears to be a quicker way of realizing this dream than starting one's own business from scratch.  And indeed, it can be.

Trust Litigation -- Lack of Capacity and Undue Influence

Buffington Law Firm's Trust litigation attorneys often deal with cases involving persons who suffer from mental incapacity or disability.  Trust litigation often arises when a person, often an elderly person, allegedly suffers from a lack of mental capacity.  It is a fact of life that as people age sometimes their mental faculties decline to the point where the person simply lacks the mental ability to make or understand his or her decisions. This can be due to diseases such as Alzheimer's, or many other similar causes of dementia and similar conditions. California Probate Code Sections 810-813 discuss mental incapacity.  In California there is a presumption, absent evidence or a judicial determination to the contrary, that all adults have "...the capacity to make decisions and to be responsible for their acts or decisions."  Cal. Prob. Code Sec. 810(a).

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Buffington Law Firm, PC
8840 Warner Avenue Suite 300
Fountain Valley, CA 92708

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