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 have often achieved successful outcomes for beneficiaries in trust dispute cases in which trustees have abused their powers and failed to properly carry out the terms of the trust. This article discusses some of the considerations in these types of trust dispute.
Trust disputes and trust litigation are an important part of Buffington Law Firm's litigation practice. This week's Blog article is a little different in that rather than discuss trust litigation we will discuss a few basic estate planning concepts that we believe can help parents avoid trust disputes among their sons and daughters. These suggestions are based on actual lawsuits that our trust litigation attorneys have resolved -- which lawsuits, in our opinion, were the result of poor (but well-intentioned) estate planning.
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 business and trust litigation attorneys have engaged in many trials concerning business, real estate, and trust disputes over the past 18 years. We have noticed certain trends concerning the types of evidence that have been important to the outcomes of these cases. This is a continuation of last week's Buffington Law Firm Blog article in which I discussed the dangers and importance of email as evidence in business, trust, and real estate litigation. Today's Blog continues this discussion regarding Social Media.
Buffington Law Firm's business litigation attorneys have represented clients in business, real estate, and trust dispute trials for over 16 years. During this time we have noticed a number of important trends that people should keep in mind when engaged in a business or trust dispute.
Now and then one of the issues that comes up in a lawsuit is "who runs the case?" Buffington Law Firm is an Orange County Business and Trust litigation firm, and our cases often involve complex areas of law well beyond the common experience of non-lawyers and even many practicing attorneys. Nonetheless, we occasionally on rare occasions have meetings with prospective clients in which the clients will inform us that they would like to ghostwrite most of the pleadings, conduct most of the discovery, and so forth and simply have one of our lawyers sign off on the client's work. Often this is coupled with words to the effect that "I am familiar with the law. People tell me that I should have gone to law school and become an attorney..." (That is an actual quote from a lawsuit that our Firm successfully handled not long ago.)
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.