When a person sets up a trust, they leave instructions outlining how they want their assets handled after they pass away. Many trusts are executed without any issues; however, there are times when a person might realize that their trust wasn't set up as they thought...
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...
A person who creates a trust must do it because they want to. They have to be of sound mind so they can understand the elements of the trust. While most trusts are executed without any issues, there are some that come into question. Sometimes, claims of undue...
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...
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...
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...
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...
When you create a trust, you appoint a third party called a trustee to manage the assets in the trust on behalf of your designated beneficiary. Your appointed trustee must abide by the rules of the trust and act in the best interest of the beneficiaries. Fiduciary...
Those with large or long-lasting trusts may realize that an individual trustee is not the best solution for their needs. Instead, they may benefit from hiring a corporate trustee. There is a long list of reasons why people turn to businesses to manage a trust. The...
As a trustee, your job is to manage the assets in a trust and cooperate with beneficiaries when they make appropriate requests for trust assets. You may need to protect and maintain physical assets or make smart decisions about selling and investing financial assets...