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...
First And Foremost, We Are Trial Attorneys
Breach Of Contract
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...
Unfair competition: What is it and how does it happen?
Many businesses and consumers in Newport Beach and throughout California contend with unfair competition from time to time. Unfortunately, only a tiny percentage takes legal action to protect their investment and interests while pursuing the resulting damages. Of...
Is employee sniping a form of unfair competition?
Companies invest a lot of money in recruiting and training the right talent. Your organization's human resources department exists to help you find and retain the best possible talent, and a lot of your company's operational costs stem from paying for employees. Of...
When a seller gets “cold feet” on your house sale
It's the scenario that no potential home buyer wants to think about: you’re ready to sign the agreement for a house, and the seller gets cold feet. Suddenly, they don't want to sell after all. So, what happens when you are ready to buy and the homeowner decides not to...
Can you challenge a discretionary trust?
One reason that people sometimes challenge trusts is when they believe that the trustee is not acting in accordance with the guidance given in that trust. For example, maybe an elderly person set up an educational trust and the trustee is not releasing the proper...
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...
When is specific performance a solution for breach of contract?
You thought you had a deal – and you have the written contract to prove it. However, the other party to your agreement hasn’t come through. Now, you’re angry and frustrated, and you’ve given the other party a warning that you intend to take legal action. Suddenly, the...
A breach of fiduciary duties can lead to estate and trust litigation
Individuals set up trusts for many reasons, including helping to care for their loved ones by passing down assets in a controlled manner. Part of creating a trust is naming the trustee who will ensure that the assets are managed properly and that they are distributed...
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...

