Buffington Law Firm's elder law and trust litigation attorneys have frequently dealt with situations where two persons (not spouses) are co-owners of bank accounts. This often occurs, for example, when a relative is placed on an elderly person's bank account as co-owner so that such person can help pay bills and so forth. In many situations the person who contributes most or all of the funds to the bank account does not intend to make a gift to the new account "co-owner." Many people do not read the forms that they sign when they place another person on the account and banks are notoriously poor at explaining the legal ramifications of the forms that they give the people to sign.
Poorly-Drafted Contracts in Breach of Contract Litigation
Buffington Law Firm's breach of contract attorneys have taken many breach of contract cases to trial, and have helped their clients enter into settlements of many others. In their purest form breach of contract cases can be simple: two (or more) parties entered into a contract, and each of the parties either fulfilled their obligations under the contract, or they did not. If only life were that simple.
Financial Elder Abuse -- A Serious Problem in California
Financial Elder Abuse is a serious problem in California. Elderly folk sometimes lack mental vigor and sharpness, and this can sometimes cause them to be excessively trusting, particularly of relatives and their own offspring. California law provides that any California resident age 65 or older is an "Elder" for the purposes of the statute. Buffington Law Firm's elder law attorneys have frequently dealt with court cases involving allegations of financial elder abuse. In this brief Blog article we will discuss the basic nature of financial elder abuse in California.
How to prepare for a business lawsuit
Business lawsuits are prevalent. When opening a business, it almost goes without saying the company will have to deal with a lawsuit sooner or later. One study found that in any given year, between 36% and 53% of small businesses are in some form of litigation. Meanwhile, 90% of all businesses regardless of size are in litigation at any specific time.
If your business has a lawsuit on the horizon, then it is paramount to plan accordingly. Business disputes come up all the time, but with proper preparation, you can get out on the other side all right.
Most common examples of unfair competition
Unfair competition damages the work done by numerous companies, small or large, every year. No company is immune from these charges, including Google. The EU recently fined Google for unfair competition due to the company taking advantage of its dominance in the marketplace.
Businesses can utilize unfair competition in various ways. The practice can significantly affect the revenue flow of small businesses that do not have the resources to compete more aggressively. It is up to business owners to know when unfair competition practices have occurred, so legal action can begin.
Sibling disputes and the inheritance of the family home
Of all the assets a parent leaves to his or her heirs, few spark more disputes among the children of the deceased than real property, especially the family home.
Family arguments may start because bequests are not defined clearly or because the estate is more complicated to administer than the executor anticipated. It is not uncommon for sibling disputes over real property to result in lawsuits.
4 different types of contract breaches
Breach of contract occurs in numerous different industries. A professor from San Francisco State University is currently in a lawsuit with the college for not supporting AMED studies.
It is paramount for individuals to know when a business or individual did not hold up their end of the bargain. Occasionally, breach of contract is hard to identify, but it can take different forms. It is vital to be aware of those forms, so you know when you can pursue legal action.
Avoid Trust Disputes: Common Problems in Living Trust Draftsmanship
Buffington Law Firm's Trust dispute attorneys have more than two decades of experience in living trust litigation. As many people know, revocable or "living" trusts have become extremely popular in California and have to a significant degree replaced wills as the preferred means of transferring family wealth to the next generation. As most people know, trusts are designed to "avoid probate." Put simply, this means that one or more successor trustees of a trust are responsible for interpreting the trust and implementing its written instructions without supervision by a court. This contrasts with a probate of a will whereby a probate court supervises the implementation of the will.
Trust Disputes: The Problem of Problem Living Trust Beneficiaries
Revocable or "Living" Trusts have become wildly popular in California as an alternate mechanism to wills for transferring a family's wealth to the next generation. Lawyers who practice estate planning often tout trusts as a simpler and cheaper way to handle an estate. However, trusts are not without problems of their own and trusts are far from a panacea. Trusts are designed so that one or more "successor-trustees" can administer the trust and carry out its provisions without the need for court involvement. In this way the trust "avoids probate" which is the main advantage of a trust as opposed to a will.
As a small business owner, are you prepared for a lawsuit?
You may have owned your business for decades or only for a year or two. Do you know what to do if a lawsuit arises? People in the know say that anyone who operates a small business may expect to face a lawsuit at least once in his or her career, and litigation can be more damaging to a small business than to a large company.
However, if you have a plan in place to confront the unexpected, you will be able to deal with a lawsuit from a position of strength and keep your business up and running. Here are four tips that will help you prepare for the possibility of litigation.
