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Monthly Archives: February 2013

Probate Bonds & Estate Administration

One of the more unfavorable aspects of probate in Missouri is the bond requirement. In short, before an applicant receives Letters of Administration or Letters Testamentary to become personal representative of a decedent’s estate, Missouri law requires that ” [the personal representative] shall execute and file a bond […] procured at the expense of the […]

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Statutory & Equitable Redemption for Deeds of Trust, Foreclosures

Redemption refers to the ability of a mortgagor to stop a foreclosure after a default. Missouri almost uniformly uses a deed of trust arrangement to handle real estate financing. Under this arrangement, a trustee holds legal title title to the property while equitable title remains with the borrower/mortgagor — i.e., the person(s) generally living on […]

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Subpoenas for Production of Documents, Testimony

A subpoena (“under penalty”) is an order from a Court to a third party to either produce documents or give testimony/deposition regarding facts in litigation. If A and B are embroiled in a lawsuit, and C has either documentation or firsthand knowledge of facts critical to the lawsuit, either A or B may subpoena C […]

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Member/Manager Fiduciary Duties in a Limited Liability Company (LLC)

A member and/or manager of a LLC is obligated by law to operate the LLC with  the care a corporate officer of like position would exercise under similar circumstances, in the manner a reasonable person would believe to be in the best interest of the LLC. See Mo. Rev. Stat. 347.088.1. Further, a member and/or manager may […]

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Jurisdiction: Personal & Subject Matter

Jurisdiction is an issue really only attorneys, judges, and legislators seem to think about, even though it is of tremendous importance. What is it? Missouri Courts recognize two types of jurisdiction: (1) subject matter jurisdiction and (2) personal jurisdiction. Subject matter jurisdiction is reasonably straightforward. It refers to a category of cases a particular court is […]

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Motions to Enforce Settlement Agreements

Courts encourage settlement. To this end, many courts strongly encourage mediation and arbitration, particularly for family law related matters or other sensitive subjective matter. As a practical matter, moreover, there is much to be said for mutually coming to an agreement with another party to resolve a dispute, rather than putting it in the hands […]

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Conservator Powers; Annual Conservator & Guardian Reviews

The conseravtor of a protectee — a minor or legally incapacitated adult — controls the finances of the protectee. This extends to an includes a variety of things, including the power to prosecute or defend legal claims. Section 475.130.5 further spells out a variety of powers which can be exercised without court approval: (1) Settle or […]

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