One of the first duties of a new successor-trustee of a California Living Trust is usually to send a notice in the form prescribed by California Probate Code Section 16061.7. This notice is often referred to as a “120 Day Letter.” Sending this letter is often...
No Contest Clauses are one of the most misunderstood aspects of California living trust litigation. Buffington Law Firm's trust litigation attorneys often deal with situations that involve a "No Contest Clause" and whether or not a given No Contest Clause is...
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...
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...
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...
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...
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...