A trustee needs to communicate with beneficiaries about crucial matters, as required by law. Therefore, if the trustee of a trust for which you’re a beneficiary fails to keep you reasonably informed, you can take legal action against them. Let’s look at some key...
When assets are put in a trust, a trustee is assigned to oversee it. This is the person who authorizes distributions of money from that trust. For example, perhaps your parents put money in the trust and left it to you. You have not been named as the trustee, so you...
In today’s world many people use social media such as Facebook, Twitter, Instagram, and so forth to keep in touch with family, friends, and coworkers. This has had many beneficial effects. It has made it far easier for all of us to keep in touch with, or even...
One of the most misunderstood provisions in the California Probate Code is contained in California Probate Code Section 17206. This powerful provision essentially grants the Probate Court the power to issue any necessary or proper order to effectuate the orderly and...
In last week's Blog article we discussed private mediation as a tool for achieving closure in California trust litigation. Buffington Law Firm's trust litigation attorneys often use mediation in order to lessen our clients' legal fees and to achieve their litigation...
California Trust Litigation was likened by one wise Judge to a “four dimensional chess game.” Unlike most civil lawsuits, California Trust litigation can sometimes involve multiple petitions dealing with different issues, over a protracted period of time by multiple...
Contractual arbitration clauses are of the more common pitfalls of litigation. An arbitration clause is a written clause in a contract whereby the parties to the contract agree that in the event of a dispute, rather than sue in State or Federal court, the parties...
There are different types of trusts and many of them can be used to ensure assets are given to heirs and beneficiaries while minimizing or avoiding estate taxes and probate. To ensure this is done, the trust is placed in the hands of a trustee or co-trustees who...
As is well known, a large percentage of civil cases that are filed in Superior Court never actually go to trial. Instead, most of them settle out of court. In California, it has reliably been reported that an astounding 96% of all civil cases never go to trial and...
Not infrequently, California trust litigation is caused by a poorly or carelessly drafted trust. Litigation can be costly, and trust litigation is a very good example whereby an ounce of prevention can be more valuable than the proverbial pound of cure. Our Firm...