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Orange County Litigation Law Blog

Circumstances under which a trustee may need to be replaced

When your loved one created his or her trust, it was necessary to choose someone to administer the trust after his or her death. Your loved one more than likely chose this person because he or she believed that person would do a good job and trust the individual as well.

Now that the individual is serving as the trustee of a trust to which you are a beneficiary, you may be wondering what your loved one was thinking when choosing him or her. In fact, you may also be wondering whether you can replace the trustee.

Did the seller withhold information about your home?

Purchasing a home in California can be complicated and expensive. Before investing hundreds of thousands of dollars into a residence or property, you want to be certain you are getting what you pay for. This is where property disclosures can help.

The laws governing real estate transactions in this state generally protect the buyer. The same is true for disclosure statements. While each state has its particular requirements for the things a seller must reveal to a potential buyer, California's requirements are among the most stringent. Nevertheless, you may have purchased a home based on the disclosure of the seller only to find that the seller may not have been entirely truthful. Does this mean you have a legal claim?

Undue Influence in Trust Disputes

Buffington Law Firm's trust dispute attorneys have more than two decades of experience in handling trust inheritance disputes.  This Blog article will briefly discuss a certain type of trust dispute that is unfortunately quite common -- situations in which someone exercises undue influence over a trustor (trustmaker) and causes that person to make changes to his or her trust that are not really representative of the trustor's true wishes.

Living Trust Disputes -- What to Look For

Buffington Law Firm's living trust litigation attorneys have more than two decades of experience in handling trust disputes.  In this brief Blog article we will touch on a few of the more common causes for trust disputes.

The Art of Knowing When and How to Settle a Case

Buffington Law Firm's main practice areas consist of trust litigation, real estate litigation, and business/corporate litigation.  There is one common denominator to these three practice areas -- that is the need for the client to know if, when, and how to settle a case.

Firing fairly to avoid legal action

Undoubtedly, one of the most stressful duties of a business owner or manager is firing employees. A termination may be the sorry result of an economic downturn or the culmination of an employee's lack of success. You may know well the embarrassment of losing a job and the difficult time your employee will have facing his or her family. Nevertheless, you must put your emotions aside and do your job.

In the back of your mind, however, may be the concern that this termination will come back to haunt you in the form of a wrongful termination lawsuit. Such lawsuits can drain your business of time and resources, and they may also damage your reputation as a fair and trustworthy employer. It is important that you act justly in all your dealings with employees, but especially during the difficult process of termination.

The penalties for elder abuse are severe in California!

As discussed in last week's Blog article, Financial Elder Abuse is a growing and serious problem in California.  The Welfare and Institutions Code defines it as a situation in which someone:

Financial Elder Abuse Takes Many Forms

Financial elder abuse in California is a pervasive and growing problem.  Buffington Law Firm's Trust and Elder Law litigation attorneys have frequently and repeatedly encountered egregious examples of financial elder abuse.  We have a track record of solving such problems.  

The tree-trimming incident brought tears to your neighbor

You have lived next door to Margie for five years now. You get along well, and you thought you knew her—but that was before the tree-trimming incident.

Several branches of the box elder Margie owns hang over your property. You told your neighbor that you intend to trim those branches. Margie objected and started to weep. What happens now?

5 workplace torts that may derail your small business

As a small business owner, you have a variety of tasks you must complete each day. When trying to maximize profits, please customers and retain employees, you may eventually rub someone the wrong way. If you do, you should know about some workplace torts that may expose your organization to liability. 

French for “unjustly and without reason,” a tort is merely some sort of damage or injury. While not all injuries offer a means for redress, certain ones that occur in the workplace may give your employees a foundation to file a lawsuit. Here are five common ones: 

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

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