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 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...
Buffington Law Firm’s trust litigation attorneys have litigated many trust disputes in which one or more trust beneficiaries are contesting the validity of the Trust, a portion of the Trust, or some other testamentary document. As discussed recently in this Blog,...
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...
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...
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...
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...
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...