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trust litigation Archives

Barefoot v. Jennings overturned in key Trust Litigation Decision

Buffington Law Firm's Trust Litigation attorneys have been keenly following the key trust litigation case of Barefoot v. Jennings.  This case, when originally decided by the Court of Appeal, had a far-reaching and downright disruptive effect upon trust litigation in California.  The reason is simple.  The decision in Barefoot held that if a plaintiff was challenging a trust, where there was an amendment that disinherited the plaintiff, that this meant that the plaintiff lacked standing to challenge the very amendment that disinherited him or her.  This gave rise to an obvious circular dillemma -- if a defendant procured, by improper means such as  undue influence or the like, an amendment that disinherited another beneficiary, not only was that beneficiary disinherited, but the amendment caused the beneficiary to lose standing to challenge the amendment in probate court under Probate Code Section 17200!  This was a surprising decision, to say the least, since many trust litigation cases involve this precise scenario.

Living Trusts, Firing Successor-Trustees and "Trust Protectors"

Buffington Law Firm's team of trust dispute litigation attorneys has decades of experience in dealing with problem situations involving California Living or "revocable" trusts.  Many of the problems that we are asked to solve deal with situations in which, for some reason or another, the trust was not wound up and terminated with the assets promptly distributed to the beneficiaries.

Buffington Law Firm's Free Consultation Process

Buffington Law Firm's practice areas encompass business litigation, real estate litigation, and trust/estate/elder law litigation. We also handle assault-and-battery lawsuits. Our Firm is experienced in handling jury trials, arbitrations and alternative dispute resolution forums such as mediations. If you believe that you have a meritorious lawsuit within our Firm's practice areas, or if you are being sued, Buffington Law Firm will always offer a free, in-office consultation to discuss your case. The process for this is very straightforward. When you first telephone us, you will speak directly with a qualified attorney who will review the basic nature of your legal problem. So long as it appears that your case is one that falls within our Firm's areas of expertise we will then invite you to make an appointment to come to our office, with relevant documents where applicable, for a free consultation with one of our senior attorneys. In this meeting we will discuss and examine your case in more depth.

Understanding the different special needs trusts

You want to take care of your loved ones with special needs; however, if there is a mishandling of trust funds, it may cause more harm than good. Not only may the funds face taxation, but if it appears that an individual with special needs receives or has too much money, it could disqualify him or her from receiving benefits from the government.

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Buffington Law Firm, PC
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Fountain Valley, CA 92708

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