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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...
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...
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 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...
One of the most important things you can do as a property owner is to know where your property line is located. This is important if you ever want to add outdoor features to your property, especially when they’re going to be close to the property line. There are times...
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...
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...
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...
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...
When two or more people get into a business partnership, the primary goal is usually to combine your resources so you can grow your bottom line. However, it is not uncommon for things to fail to go as planned. Sometimes, one of the parties may yield to greed and lose...