By: Roger J. Buffington, Esq. Trust contests are sometimes a necessity when an inheritance activates upon the death of a loved one. Most commonly, an actual or potential beneficiary learns that a decedent's trust and estate plan has been tampered with by means of a...
First And Foremost, We Are Trial Attorneys
Trust & Estate Litigation
Trust Litigation: Trust Contests and Contesting Trust Amendments
By: Roger J. Buffington, Esq. A trust contest is a type of litigation in which the challenger brings a trust petition for the primary purpose of causing the Probate Court to issue a ruling in which the Court formally invalidates either the entire trust, or perhaps a...
Business Litigation — The Litigation Budget
By: Roger J. Buffington, Esq. Business litigation, in common with many other forms of litigation, is akin to a battle. Both sides are compelled to devote time, energy, and financial resources in order to prepare for trial. Obviously no one ever wants to begin trial...
Breach of Contract Litigation — Some Common Pitfalls
By: Roger J. Buffington, Esq. Breach of contract litigation is a common type of litigation in which one party alleges that the other party violated the terms of an enforceable contract between the parties, leading to causation of damages to the plaintiff. One of the...
Trust Litigation: How to deal with troublesome trust beneficiaries.
By: Roger J. Buffington, Esq. California living trust litigation often involves claims by beneficiaries against the presently-serving successor-trustee. As is well-known, a successor-trustee of a trust that has become irrevocable owes serious and strict fiduciary...
Business Litigation: Unfair Competition Lawsuits brought by employers against departed employees
By: Roger J. Buffington, Esq. Buffington Law Firm's business litigation attorneys have often dealt with lawsuits involving Unfair Competition claims against former employees. These lawsuits are common and can represent an unpleasant surprise to a former employee. ...
Three Pitfalls that can lead to Trust Litigation
Our Firm's Trust litigation attorneys often deal with disputes concerning three key components of a California living trust. These are, specifically the trust provisions that determine: 1) who the beneficiaries of the Trust are and how each of them will take; 2) who...
Real Estate Disputes: Boundary and Encroachment Disputes
By: Roger J. Buffington, Esq. Buffington Law Firm's real estate dispute attorneys have dealt with numerous cases in recent years dealing with encroachments and boundary disputes. In the context of a homeowners' dispute these are often situations in which one party...
Breach of Contract Litigation: Attorney’s Fee Provisions as a “Poison Pill” Pitfall
In breach of contract lawsuits, one of the most dangerous provisions that a contract can have is an attorney's fee provision. This is a provision that provides that in the event of litigation concerning disputes on the contract between its parties, the loser in the...
California Trust Disputes — Court Deference to Trustor as a Factor in Removal of Successor-Trustee
By: Roger J. Buffington, Esq. In California Trust litigation one of the most common issues that Buffington Law Firm's trust litigation attorneys deal with involves the potential removal of a trustee or successor-trustee of a trust. Normally, the trustor (the original...

