Buffington Law Firm's California Trust litigation attorneys frequently deal with situations in which the Trustee of a California Living Trust refuses to distribute Trust assets at the appropriate time. Often, the appropriate time is a reasonable time following the...
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California Living Trust Litigation — Trust Accountings can be the Solution to Secretive and Misbehaving Trustees
Buffington Law Firm's Trust Litigation attorneys frequently deal with situations involving a secretive successor-trustee. The usual scenario is that once the second Trustor (trustmaker) of a Trust passes, someone else become successor-trustee of the Trust. Often...
Estate Planning Scenarios Leading to Litigation — Not the Brady Bunch!
Buffington Law Firm's team of trust litigation attorneys has recently been asked to discuss certain estate planning practices or scenarios that tend to lead to trust litigation, i.e. trust disputes. Our Firm has been handling Trust disputes for decades. In this...
California Trust Litigation: The Importance of Meeting the Trustmaker Alone
Buffington Law Firm’s trust litigation attorneys have litigated many trust disputes in which one or more trust beneficiaries are contesting the validity of the Trust, a portion of the Trust, or some other testamentary document. As discussed recently in this Blog,...
Breach of Contract Lawsuits. Avoid Aspirational Requirements
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." ...
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...
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...
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...