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May 2019 Archives

Proving Undue Influence in Trust Disputes and Similar Lawsuits

Buffington Law Firm's trust and elder law litigation team has decades of experience dealing with cases in which undue influence is alleged.  The fact patterns for these cases are depressingly similar in many instances.  Typically a younger friend, relative, or adult child or grandchild will pressure an elderly or infirm person to change their estate plan, or convey property, in favor of the younger person.  For undue influence to occur it is not necessary that the victim lacks mental capacity.  That there is such a requirement is a common misconception.

Co-Owning Bank Accounts -- A Source of Frequent Legal Jeopardy

Buffington Law Firm's elder law and trust litigation attorneys have frequently dealt with situations where two persons (not spouses) are co-owners of bank accounts.  This often occurs, for example, when a relative is placed on an elderly person's bank account as co-owner so that such person can help pay bills and so forth.  In many situations the person who contributes most or all of the funds to the bank account does not intend to make a gift to the new account "co-owner."  Many people do not read the forms that they sign when they place another person on the account and banks are notoriously poor at explaining the legal ramifications of the forms that they give the people to sign.

Poorly-Drafted Contracts in Breach of Contract Litigation

Buffington Law Firm's breach of contract attorneys have taken many breach of contract cases to trial, and have helped their clients enter into settlements of many others. In their purest form breach of contract cases can be simple: two (or more) parties entered into a contract, and each of the parties either fulfilled their obligations under the contract, or they did not. If only life were that simple.

Financial Elder Abuse -- A Serious Problem in California

Financial Elder Abuse is a serious problem in California.  Elderly folk sometimes lack mental vigor and sharpness, and this can sometimes cause them to be excessively trusting, particularly of relatives and their own offspring. California law provides that any California resident age 65 or older is an "Elder" for the purposes of the statute.  Buffington Law Firm's elder law attorneys have frequently dealt with court cases involving allegations of financial elder abuse.  In this brief Blog article we will discuss the basic nature of financial elder abuse in California.

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

Toll Free: 800-835-2447
Phone: 714-450-6568
Fax: 714-842-6134
Fountain Valley Estate Planning Office