In order to create a valid will or trust, the person doing so must have legal capacity to do so. When someone’s cognitive capacities are compromised, however, they often come become increasingly reliant on a family member, caregiver or fiduciary to make decisions. If...
Trust Disputes
California Trust Litigation — Avoiding Trust Litigation and the Problem of Poorly Drafted Trusts
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...
California Trust Litigation: Is It Real, Or is it Precatory? Only Your Trial Judge Knows for Sure
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...
Email as potential evidence in business litigation
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...
California Elder Law: Protecting Vulnerable Elders and Dependent Adults from Undue Influence by Caregivers
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...
California Trust Litigation: What is (and is not) a Trust Contest
Buffington Law Firm’s trust litigation attorneys often deal with what are commonly known as “Trust Contests.” In this brief article I thought that it would be helpful to discuss what is, and what is not, a “Trust Contest.” Our trust litigation attorneys are often...
Why a Trust Petition is Usually the First Step in a Trust Dispute.
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...
California Trust Litigation When Must a Probate Code Section 16061.7 Letter Be Sent and to Whom?
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 in California Trust Litigation
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...
California Living Trust Litigation: When a Trustee Refuses to Distribute Trust Assets
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...