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January 2019 Archives

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.

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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
Fax: 714-842-6134
Fountain Valley Estate Planning Office