Most of us have been reading about the recent FTX crypto currency investment scandal. It appears that what was going on is that FTX was taking investor funds (from ordinary people like us but mostly from sophisticated “pro” investors like Sequoia Capital, Softbank,...
Buffington Law Firm, PC
California Elder Law: Protecting Vulnerable Elders and Dependent Adults from Undue Influence by Caregivers
Buffington Law Firm's Elder Abuse and Trust litigation attorneys have frequently dealt with cases of financial elder abuse involving undue influence exercised against a vulnerable senior or dependent adult, by a professional caregiver. Frequently these cases involve...
California Trust Litigation: What is (and is not) a Trust Contest
Buffington Law Firm’s trust litigation attorneys often deal with what are commonly known as “Trust Contests.” In this brief article I thought that it would be helpful to discuss what is, and what is not, a “Trust Contest.” Our trust litigation attorneys are often...
Why a Trust Petition is Usually the First Step in a Trust Dispute.
Trust disputes have become far more common in the past two decades as the Baby Boom generation (and others) have come to inherit much more commonly via trust. In earlier decades many or most estates passed to the beneficiaries by will. There are many differences...
California Trust Litigation When Must a Probate Code Section 16061.7 Letter Be Sent and to Whom?
One of the first duties of a new successor-trustee of a California Living Trust is usually to send a notice in the form prescribed by California Probate Code Section 16061.7. This notice is often referred to as a “120 Day Letter.” Sending this letter is often...
No-Contest Clauses in California Trust Litigation
No Contest Clauses are one of the most misunderstood aspects of California living trust litigation. Buffington Law Firm's trust litigation attorneys often deal with situations that involve a "No Contest Clause" and whether or not a given No Contest Clause is...
Undue Influence as a Defense Against a Breach of Contract Lawsuit in California
Buffington Law Firm's Breach of Contract and Trust litigation attorneys frequently represent clients in the context of lawsuits involving Undue Influence. To be clear, California Welfare & Institutions Code Section 15610.70 provides that undue influence is the...
California Trust Litigation: Removing a Misbehaving Trustee
One of the most common issues that Buffington Law Firm's California Trust Litigation team deals with is the issue of misbehaving trustees of California living trusts, and how to remove them as appropriate. There is probably no more common topic or litigation goal in...
California Trust Litigation: When Dealing with Unreasonable Beneficiaries
Buffington Law Firm's California Living Trust litigation team often deals with situations involving difficult or unreasonable trust beneficiaries. Being trustee of a living trust, particularly once the trust becomes irrevocable, can be a difficult and thankless job...
Taking on a Misbehaving California Living Trust Trustee —Can You Recover Attorney’s Fees?
Perhaps the most common type of California Living Trust litigation involves a misbehaving trustee or successor-trustee. Buffington Law Firm's trust litigation team has dealt with many trust litigation cases involving California Living Trust trustees who fail or...