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...
Year: 2018
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...
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...
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...
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...
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...
A false claim of sexual harassment can devastate your business
With the prominence of the #MeToo movement, sexual harassment and other forms of abuse have been in the spotlight lately. There can be no doubt that sexual harassment continues to be pervasive in workplaces in California and elsewhere. However, few people consider the...
California Trust Litigation — Important 2018 Trends
Buffington Law Firm's Trust Litigation team has noted some important trends concerning trust litigation during 2018. In California trust litigation has become vastly more common in recent years because most families utilize trusts rather than wills to transfer their...
2 ways to prevent co-executor feuds
One strategy some people in Orange County use in their estate plans to protect their interests and wishes is designating more than one person to serve as the executor of their estates. Some executors are appreciative of the testator's consideration to help them split...
Judge or Jury? A Critical Question: Part 2
This week complete a two-part Blog article dealing with the considerations that counsel and client must consider when deciding whether to demand trial by jury or, by contrast, accede to a judge-only ("bench") trial. This is often a complex decision with no sure right...