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...
Trust Disputes
When is it “Undue Influence”? And when not?
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...
Living Trusts: The Trustee Won’t Sell the Trust’s House! Now what?
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...
When You Receive a 120 Day Trust Letter –More Thoughts
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...
Undue Influence in Trust Disputes
Buffington Law Firm's trust dispute attorneys have more than two decades of experience in handling trust inheritance disputes. This Blog article will briefly discuss a certain type of trust dispute that is unfortunately quite common -- situations in which someone...
Living Trust Disputes — What to Look For
Buffington Law Firm's living trust litigation attorneys have more than two decades of experience in handling trust disputes. In this brief Blog article we will touch on a few of the more common causes for trust disputes.Over the past twenty or thirty years,...
The Art of Knowing When and How to Settle a Case
Buffington Law Firm's main practice areas consist of trust litigation, real estate litigation, and business/corporate litigation. There is one common denominator to these three practice areas -- that is the need for the client to know if, when, and how to settle a...
The penalties for elder abuse are severe in California!
As discussed in last week's Blog article, Financial Elder Abuse is a growing and serious problem in California. The Welfare and Institutions Code defines it as a situation in which someone:(1) Takes, secretes, appropriates, obtains, or retains real or personal...
Financial Elder Abuse Takes Many Forms
Financial elder abuse in California is a pervasive and growing problem. Buffington Law Firm's Trust and Elder Law litigation attorneys have frequently and repeatedly encountered egregious examples of financial elder abuse. We have a track record of solving such...
Proving Undue Influence in Trust Disputes and Similar Lawsuits
Buffington Law Firm's trust and elder law litigation team has decades of experience dealing with cases in which undue influence is alleged. The fact patterns for these cases are depressingly similar in many instances. Typically a younger friend, relative, or adult...