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March 2016 Archives

Trust Disputes -- Basic Causes of Action

Buffington Law Firm's trust dispute attorneys have successfully prosecuted and defended many disputes involving the validity (or invalidity) of a revocable ("living") trust.  This is commonly known as a "trust contest."  The basic notion of a trust contest is that for one reason or another, a beneficiary or other person with standing seeks to invalidate either an entire trust instrument, or possibly only one provision or amendment of the trust.  There are many reasons why this sometimes is done, and certainly this brief Blog article cannot cover all of the various grounds for trust disputes.  However, we will discuss some of the more common scenarios, which unfortunately recur with amazing frequency.

Trust Disputes -- The Importance of Timely Action

One of Buffington Law Firm's largest practice areas is the litigation of inheritance disputes -- which in practice almost always means litigation of a dispute concerning the terms of a revocable ("living") trust.  A "trust contest" is a dispute as to the validity of a trust instrument or amendment thereto.  Usually these disputes arise after the trustor or trustors (the makers of the trust) have passed.  There can be many grounds for this.  It is amazingly common, for example, for one future beneficiary of a trust to exert undue influence over an extremely infirm, possibly incompetent elderly parent and cause that parent to sign an amendment disinheriting all of the other beneficiaries and benefiting only the one.  The elder often has no idea that this is what he or she is signing.  There appears to be no shortage of attorneys who will draft such amendments.  There are many other causes of trust contests and many variations on this theme.

Financial Elder Abuse: Legal Hazards in Caring for Elderly Relatives

Buffington Law Firm's litigation attorneys have considerable experience in dealing with cases involving allegations of financial elder abuse.  These are situations in which an elderly person, or someone with standing to represent the elderly person's interest or estate, alleges a wrongful taking of an elder's property. If a petitioner establishes a wrongful taking by the preponderance of the evidence, the claimant is entitled to enhanced remedies by recovering, in addition to actual damages, costs and reasonable attorney's fees.  [See generally Cal. Welfare & Institutions Code Sections 15657.5; 15610.30 et seq.]  For purposes of the statute, an "elder" is a California resident age 65 or older.  [Welf. & Inst. Code Sec. 15610.27].  

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

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Phone: 714-450-6568
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