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November 2018 Archives

Removing a Bad Successor-Trustee of a California Living Trust

One of the frequent questions asked of Buffington Law Firm's trust and estate litigation attorneys is whether a successor-trustee of a revocable "living" trust can be removed by a court action.  As discussed in recent Blog articles, California living trusts are designed to operate without court supervision.  The notion is that after the trustors (the person or persons who created the trust, e.g. husband and wife) have passed away, one or more designated successor-trustees will have the power under the trust instrument to carry out the provisions of the written trust instrument.  When this process works as the law intends it is often cost-efficient and quick, and avoids the cost of probate.  

Dynasty Trusts -- Often a Problem and How to Solve Them

Buffington Law Firm's trust dispute attorneys have frequently assisted clients in dealing with problems involving the removal of problem successor-trustees or the need to force the dissolution of a trust.  One form of trust that is particularly prone to trust disputes are so-called "Dynasty Trusts."  

Dynasty Trusts and Improperly Behaving Living Trust Successor-Trustees

Buffington Law Firm's team of Trust and Estate Litigation attorneys have decades of experience in dealing with out-of-control successor-trustees of California living trusts.  This is an increasingly common problem in California as trusts, rather than wills, have become the main legal device for transferring wealth to the next generation.

Living Trusts, Firing Successor-Trustees and "Trust Protectors"

Buffington Law Firm's team of trust dispute litigation attorneys has decades of experience in dealing with problem situations involving California Living or "revocable" trusts.  Many of the problems that we are asked to solve deal with situations in which, for some reason or another, the trust was not wound up and terminated with the assets promptly distributed to the beneficiaries.

Trust Litigation is Increasingly Common as Families Move from Wills to Trusts

Buffington Law Firm's Trust Litigation attorneys have been serving Southern California's trust litigation legal market since 1998.  Until perhaps 15 years or so ago, most families conveyed the inheritance by way of a will, i.e. "Last Will and Testament."  Wills require probates, and the California courts were well set up to handle the probate of wills.  In a probate, the actions of the will executor are essentially supervised by the Probate Courts.

Misbehaving Trustees are a Common Source of Trust Disputes

Buffington Law Firm's Trust dispute attorneys have broad experience in dealing with cases in which a trust successor-trustee is failing to properly carry out his or her duties as trustee.  As many people know, trusts are a legal device that can allow a decedent's estate to avoid probate.  Essentially, a trust allows a successor-trustee to distribute the trust assets and otherwise administer the trust without the involvement of the probate courts.  Probate can be an expensive and time-consuming legal process and trusts lighten the courts' workload and can lower administrative expenses by avoiding probate.

Court of Appeal Affirms Buffington Law Firm Trust Litigation Victory in Published Opinion

Buffington Law Firm's trust litigation team won a significant courtroom victory in a 2017 case "Orange Catholic Foundation versus Rosario Arvizu."  In this case, Buffington Law Firm defended the trustee of a trust, Rosario Arvizu, against various breach of fiduciary duty claims by other beneficiaries of the trust, i.e. the Orange Catholic Foundation and the Diocese of Orange.  The trial court rendered a verdict in favor of Mrs. Arvizu.  The trial court found that as trustee she had been confronted with a very difficult situation, had acted in good faith, and the court had the power to exercise its discretion under Probate Code Section 16440(b) to excuse any of her errors as trustee as an exercise in equity.  After the trial the Petitioners appealed to the California Court of Appeal, arguing that the trial court had abused its discretion and lacked the power under the Probate Code to excuse what it argued were violations of the trust terms by Mrs. Arvizu.  Buffington Law Firm represented Mrs. Arvizu on appeal.

Part II -- Important 2018 Trends in California Trust Dispute Litigation

Buffington Law Firm's trust litigation team has broad experience in litigating trust disputes.  In last week's Blog article we noted that a recent Court of Appeal case, Barefoot v. Jennings, will provide controlling authority requiring significant changes to how certain types of trust disputes must be litigated.  Specifically, the holding in that case will deprive certain disinherited persons, or persons deprived of their future positions as trustee, of standing to challenge a trust amendment that affects them under Cal. Probate Code Section 17200.  In the past this statute has been the authority for perhaps most trust contest disputes in California.  This will now change for some of the most common types of trust disputes, specifically in situations where a trust amendment allegedly procured by undue influence or other improper means purports to disinherit a litigant.  Standing is a Consitutional requirement for bringing a lawsuit.  For many trust contests, the powerful Cal. Probate Code Section 17200 will no longer provide a basis for bringing suit for lack of standing by the disinherited person.

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Buffington Law Firm, PC
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Fountain Valley, CA 92708

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