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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Business Litigation
How to resolve a partnership dispute
A business partnership can be a great idea for those seeking to grow their enterprises while sharing some of the responsibilities that come with business ownership. However, it can also be a source of trouble if one or some of the partners fail to live up to their...
Can I sue my business partner?
When you get into a business partnership, you and your partners have similar goals: to grow the business and make profits. Unfortunately, it is not uncommon for business relationships to break down for numerous reasons. When a party makes decisions that are...
Do you believe the trustee’s mistake has cost everyone money?
Serving as a trustee isn't particularly fun. It means careful and even pedantic compliance with written instructions and state law, as well as many hours of asset management and paperwork. You may feel grateful that someone else stepped into that role so that you...
Stealing trade secrets is unfair to small businesses
Small businesses sometimes have a difficult time in their local markets, especially when larger competitors come in and try to take the market share. Big businesses often have the opportunity to reach larger populations and may even have the power to take ideas from...
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...
When can a trustee be held personally liable?
If you are a trust beneficiary, you expect the trustee to always act in your best interests when managing the trust. After all, they are legally obligated to do so as they owe you a fiduciary duty. So, what happens in a case where the trustee wastes or steals the...
How do you prove a breach of contract occurred?
When filing a breach of contract suit in court, it’s necessary to prove a few things to have a successful outcome to the case. For example, the plaintiff must prove a contract existed. They must also show how the defendant failed to meet the terms of the contract....
How does conflict of interest apply to trustees?
Establishing a trust is an important part of an estate plan because it lets the creator dictate exactly what they want to happen. Part of establishing the trust is naming a trustee. This person is responsible for taking care of the contents of the trust and making...
Can you stop a trustee from selling the trust’s assets?
Someone you know named you as one of the beneficiaries of their trust. When your situation meets certain criteria, you can access the assets in that trust or ask for a disbursement. You don't actually own or control the trust property although it benefits you. The...

