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...
Trust Disputes
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...
California Trust Litigation: The Importance of Meeting the Trustmaker Alone
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,...
Revocable Decedent’s Trusts — A Disturbing Trend
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...
When is it “Undue Influence”? And when is it 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...