If a trustee fails to follow the terms of the trust, how can you put a stop to their wrongdoings and hold them responsible? It’s vital to be on the lookout for red flags so that you may correct the trustee’s negligent or unlawful actions via trust litigation. Once you...
Some people consider establishing a trust to avoid probate. Despite taking this measure to avoid going to court, the trust's terms or conditions can cause disputes, requiring legal interventions. If left with no other options, the beneficiaries or other involved...
In today’s world many people use social media such as Facebook, Twitter, Instagram, and so forth to keep in touch with family, friends, and coworkers. This has had many beneficial effects. It has made it far easier for all of us to keep in touch with, or even...
In last week's Blog article we discussed private mediation as a tool for achieving closure in California trust litigation. Buffington Law Firm's trust litigation attorneys often use mediation in order to lessen our clients' legal fees and to achieve their litigation...
California Trust Litigation was likened by one wise Judge to a “four dimensional chess game.” Unlike most civil lawsuits, California Trust litigation can sometimes involve multiple petitions dealing with different issues, over a protracted period of time by multiple...
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...
In last week's Blog article we discussed the nature of private mediation as a solution to trial and verdict. In this article we will discuss why mediation is often the best solution to bringing a lawsuit to a close. Buffington Law Firm's trust, business, and real...
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...
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...
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...