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...
Buffington Law Firm’s litigation attorneys often use mediation or other forms of alternative dispute resolution as an alternative to taking a case to trial. Statistically, in California it is said by some authorities that up to 97% of all civil lawsuits settle out of...
This is our third Blog article in a series dealing with common scenarios that frequently lead to litigation. This week we are discussing the issue of "precatory language." This is a problem that Buffington Law Firm's trust litigation attorneys have dealt with in...
In the last two decades, email has revolutionized business communication. In some ways email has made things easier, it can be a convenient channel for suppliers and potential customers to reach out to businesses. If disputes arise, however, the information in all...
Buffington Law Firm's Elder Abuse and Trust litigation attorneys have frequently dealt with cases of financial elder abuse involving undue influence exercised against a vulnerable senior or dependent adult, by a professional caregiver. Frequently these cases involve...
Trust disputes have become far more common in the past two decades as the Baby Boom generation (and others) have come to inherit much more commonly via trust. In earlier decades many or most estates passed to the beneficiaries by will. There are many differences...
One reason that people sometimes challenge trusts is when they believe that the trustee is not acting in accordance with the guidance given in that trust. For example, maybe an elderly person set up an educational trust and the trustee is not releasing the proper...