Buffington Law Firm's breach of contract attorneys often deal with breach of contract lawsuits in which, upon examination of the facts, it becomes obvious that the requirements that one or the other party committed to can at best be characterized as "aspirational." ...
Year: 2021
Revocable Decedent’s Trusts — A Disturbing Trend
Buffington Law Firm's Elder and Trust litigation attorneys have noticed a disturbing estate planning trend in recent years: the fully revocable decedent's trust. When drafting a revocable or "living" trust, no one doubts that the trustmaker or trustmakers (often...
What is undue influence in trust litigation?
A person who creates a trust must do it because they want to. They have to be of sound mind so they can understand the elements of the trust. While most trusts are executed without any issues, there are some that come into question. Sometimes, claims of undue...
When is it “Undue Influence”? And when is it not?
Buffington Law Firm's Elder and Trust litigation attorneys have litigated many lawsuits in which "Undue Influence" is a Cause of Action. "Undue Influence" is one of the most misunderstood concepts in litigation. In this short Blog article I will mainly focus on...
Living Trusts: The Trustee Won’t Sell the Trust’s House! Now what?
There are certain problems with California Living Trusts that seem to come up over and over again. Perhaps the most common scenario is one that involves the now-deceased Trustmakers' home. Buffington Law Firm's trust litigation attorneys have dealt with this...
Statute of Limitations — Don’t Delay Bringing Your Claim!
Buffington Law Firm's civil litigation team often deals with otherwise good cases that are unfortunately barred in whole or in part by a Statute of Limitation. Sometimes this was entirely preventable, and this scenario is what this article is about. As many people...
How the courts can resolve a breach of contract dispute
When you sign a contract with another business, an employee or an individual, you expect them to follow through with their obligations. You may rely on them for practical needs for your company's operations, and you likely have some financial investment tied up in the...
When You Receive a 120-Day Trust Letter –More Thoughts
Buffington Law Firm's Trust Litigation team is often contacted by persons who have just received what is commonly referred to as a "120 Day Letter." Often this letter creates more questions than answers. When a loved one dies in California, (or if certain other...
Encroachment — Just Say No!
Several times per year Buffington Law Firm's real estate litigation team is called upon to deal with a situation involving an encroachment. An encroachment is a situation where the owner of an adjacent land parcel places some type of structure onto the land of...
What happens if a homeowner doesn’t make required disclosures?
Almost every jurisdiction requires homeowners to make certain disclosures about their property when offering it up for sale. These requirements vary depending on the state. There are various reasons that sellers must make these disclosures. One of them is some...