Orange County Trust Litigation Lawyers

If you are involved in a conflict concerning a will, trust or estate, Buffington Law Firm, PC, can assist. Our Orange County law firm focuses exclusively on litigation, combining effective dispute resolution with successful trial advocacy. We represent California clients and those seeking local counsel here concerning any estate litigation matter.

We focus exclusively on litigation in these cases. We utilize every tool at our disposal, from attorney Roger Buffington’s extensive experience as a certified public accountant to our global understanding of California will and trust law. We pursue aggressive action to get results for our clients. Our trial-tested attorneys are confident in their ability to get results.

Will And Trust Disputes

Will and trust contests occur for many reasons and involve all types of clients. From individual beneficiaries and heirs to national charities, universities and other entities, our attorneys have a long and successful record on all sides of litigation. Most often, the center of the dispute is the validity of a will, codicil, trust or trust amendment, which could involve issues such as:

• Competency
• Undue influence
• Fraud

Whatever the reason for the will, trust or inheritance dispute, legal protection is essential. Our team of Orange County trust litigation attorneys has the skills, knowledge and years of experience necessary to pursue and obtain successful results. Learn more information about the ABCs of estate litigation by contacting our office today.

The complex nature of will and trust disputes are one of the areas where Roger Buffington’s CPA experience becomes a major benefit. He knows how to read intricate financial documentation, and we use that to our clients’ advantage.

Common Types Of Will And Trust Disputes

In our over 25 years of practice in will and trust litigation, we’ve helped clients in every type of case. We have successfully pursued or defended clients in such issues as:

• Trustee removal for unauthorized loans
• Breach of fiduciary duty
• Undue influence
• Lack of capacity
• Trust contests
•  Disagreements over trust distributions
•  Trustee misconduct, including self-dealing

We bring a team approach to every case. We don’t have just one lawyer working with you. Every lawyer works on every case, bringing a unique perspective and skills. When you work with us, you don’t get a lawyer; you get a whole law firm ready for action.

Litigation Involving Trustees And Executors

Apart from contesting the validity of a will or trust, we regularly handle disputes concerning the action or inaction of a trustee or executor. These legally appointed persons are charged with administering a trust or an estate and carrying out all the required duties according to the law.

Buffington Law Firm, PC, represents parties on both sides of these cases:

• Heirs and beneficiaries concerned about improper administration by the trustees: We assist clients in investigating and bringing claims against trustees for misappropriating trust assets, improper distributions, failure to provide accountings and breach of their fiduciary duties. Over our 25 years in practice, we have held trustees accountable in settlement and in trial, forcing them to reimburse stolen funds and obtaining fees and penalties.
• Trustees and executors under fire: A trustee accused of improper actions in administering his or her duties needs legal protection. Whether there was wrongful conduct or not, it is important to protect your rights and understand your legal options.

Part of why we’ve found so much success is our detailed preparation for each case. We are not trust and estate attorneys, who often spend most of their careers writing documents. We are trial attorneys, and we go to court. In every single case we take on, we examine every angle from the litigation-first mindset. Our preparation and aggressive strategy make a difference.

Frequently Asked Questions About California Trust And Estate Litigation

How long do you have to contest a trust in California?

Typically, you must contest a trust’s validity no later than 120 days after the trustee serves the Notice By Trustee. If you make a written request for a copy of trust documents during the 120-day window, you have 60 days beginning on the date of delivery to file the contest paperwork. In cases where trustees fail to send mandatory notice, you may have up to three years after the settlor’s death or the conversion of the trust to an irrevocable trust to take legal action.

Can a trustee be removed for misappropriating funds in Orange County?

Yes, you can remove a trustee for misappropriating funds, embezzling or self-dealing. Such conduct is a breach of fiduciary duty, which state law establishes as a valid reason for trustee removal. If the courts determine the trustee acted in bad faith, they may be responsible for replacing twice the value of the misappropriated resources.

What happens if a California trustee breaches their fiduciary duty?

If a trustee breaches their fiduciary duty through incompetence, procrastination or corruption, beneficiaries can take legal action. They can ask the courts to immediately remove the trustee. They can also take legal action to hold the trustee directly liable for the damages the trust sustained due to their breach of duty. The courts can also issue an injunction to prevent a trustee from engaging in conduct that might constitute a breach of their duty and diminish the value of the trust.

Who pays attorney fees in a trust dispute?

Each party typically pays for its own legal representation during a trust dispute. The trust generally pays for the trustee’s attorney unless the courts determine that they breached their fiduciary duty. Beneficiaries initiating legal challenges typically pay for their own representation, although the trust may reimburse them for those expenses or cover final invoices if the legal action ultimately benefits the trust.

Why is a CPA background important in trust and estate litigation?

Trust litigation often involves an intensive forensic analysis of financial records. An attorney handling a trust dispute must prove that a trustee violated their fiduciary duty by analyzing transactions and asset management. A background as a certified public accountant (CPA) helps an attorney managing trust litigation personally review records to determine what misconduct occurred and quantify the economic impact of a trustee’s breach of duty.

Estate Litigation Attorneys Serving Irvine, Newport Beach And All Of Orange County

Every client is entitled to a free consultation. The initial call is free, and if an in-office meeting is scheduled, that too is free of charge. This is your opportunity to decide if you wish to hire us. We are confident you will.

Contact us at 714-450-6568 or toll-free at 800-835-2447 to speak with one of our experienced lawyers today. Spanish language services are available. We are accessible via the freeway throughout Orange County.