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Monthly Archives: May 2011

Probate: Removal of a Personal Representative

I’ve written about the Fiduciary Duties of a Trustee. Those duties apply in the contexts of trust administration. In the case of estate administration in probate, a personal representative of a decedent’s estate has several obligations. Among the most important of these responsibilities is the duty to administer the estate efficiently and expeditiously, meeting several […]

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Liability from Missouri Securities Laws

Missouri Securities Fraud can result in extensive civil liability and criminal liability. Several different types of people — even those not directly partaking in a securities transaction — can experience liability and in several different ways. A person acting as a broker-dealer/agent can be liable to the customer. An investment advisor can be liable to […]

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Appeals Attorney

A lot of attorneys don’t handle appellate practice. It requires excellent writing skills and sometimes oral argument in front of appellate judges (no juries), who are extremely well-versed in the law and will have no problem asking probing questions to explore weaknesses in an argument. The procedural guidelines are also much more strict. It’s not […]

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Missouri Securities Fraud

As I mentioned in my Insider Trading post, securities are subject to regulations both at the federal and state levels. The Missouri Securities Act of 2003 pertains to all transactions in securities, regardless of whether they need to be registered (see: Exemptions from Securities Registration). The primary anti-fraud section of the Missouri Act is codified […]

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Child Visitation Rights

A parent not granted custody of a child is entitled to reasonable visitation rights — unless the Court finds, after a hearing, that visitation would endanger the child’s physical health or impair his or her emotional development. RSMo 452.400(1). As I’ve said previously, it isĀ  the public policy of the State of Missouri for children […]

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Parenting Plan

Parenting Plans are required in Missouri in cases of divorce, legal separation, and paternity judgments in order to ensure that minor, unemancipated children are adequately provided for. More often than not, the parenting plan will be formed under RSMo 452.310. The usual procedure is that two parties reach an agreement and the Court approves it, […]

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Irrevocable Life Insurance Trusts (“ILIT”)

Previously, I posed about Life Insurance Trusts (“ILITs”) and how they are often used in conjunction with Revocable Living Trusts. In that same post, I briefly mentioned ILITs without delving into detail. Let’s do that now. Pursuant to Internal Revenue Code Section 2038, property of a revocable trust will be included in the Settlor’s estate, […]

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Usury and Loan Interest Rates in Missouri

Usury is the common practice of assessing interest on loans (e.g., you loan me money and I pay you back in installments, but with an interest rate of 2% being assessed against the principal amount of the loan). In Missouri, there are statutory guidelines which regulate what amounts of interest can and cannot be assessed. […]

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Lost Wages

How are lost wages handled in a tort action? In a personal injury action against an insurance company or defendant, one of the chief responsibilities of an attorney is to adequately gauge with the client what the amount of a settlement or judgment should be (assuming that liability is not in issue). An incredible amount […]

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Marital Deduction Trust and Will

A decedent’s estate receives a tax deduction for amounts passing to a surviving spouse. Such deductions are used to defer estate taxes and transfer taxes that would otherwise be due on the death of the first spouse to die until the time of death of the surviving spouse. To qualify for the tax deduction, strict […]

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