After a loved one passed in your family, the last thing you expected was to end up in a dispute with your family members. However, it happens and it happens all too often. While you may have thought optimistically at first, that the issue would be resolved within the family, it has grown to the point where one or more family members has threatened legal action. You are afraid that if you get your own attorney, it could escalate things. However, if there is a trust dispute you are already in an escalated situation.
Buffington Law Firm's trust dispute attorneys have successfully prosecuted and defended many disputes involving the validity (or invalidity) of a revocable ("living") trust. This is commonly known as a "trust contest." The basic notion of a trust contest is that for one reason or another, a beneficiary or other person with standing seeks to invalidate either an entire trust instrument, or possibly only one provision or amendment of the trust. There are many reasons why this sometimes is done, and certainly this brief Blog article cannot cover all of the various grounds for trust disputes. However, we will discuss some of the more common scenarios, which unfortunately recur with amazing frequency.
Buffington Law Firm's trust litigation attorneys often answer questions from trust beneficiaries when beneficiaries receive a "120 Day Letter" from a Successor-Trustee of a trust. Generally, this letter will advise the beneficiaries (in rather obtuse language) that the Trust has become "irrevocable," that they have a right to receive a copy of the Trust, and that they have a limited time to "contest" the trust following their receipt of the letter. This letter can be very important in the context of trust disputes.
Buffington Law Firm's Orange County Trust litigation attorneys have successfully dealt with many cases that have involved Trusts that were sabotaged by someone exercising Undue Influence against an ill or very elderly person. In this short blog article we discuss some of the basics of Undue Influence as it relates to Trust disputes.