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Monthly Archives: November 2013

Trust Protectors, Advisers

In a legal trust arrangement, the trustee holds legal title to the trust property and administers it in accordance with the terms of the trust and in the beneficiaries’ best interests. The trustee owes a fiduciary duty to the beneficiary and is charged with administering the trust impartially, in good faith and prudently. The concept […]

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Testamentary Capacity: Wills & Trusts

The capacity required to create, amend, revoke or add property to a revocable trust is the same as that required to make a will. Section 456.6-601, RSMo. To have testamentary capacity, the testator/settlor must — at the time the document is executed — be able to: (1) understand the ordinary affairs of his/her life; (2) […]

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Family Access Motion

Unfortunately, it is not always the case that after a judgment of dissolution (divorce), legal separation, or paternity the matter remains fully resolved. Changes in circumstances can (and often do) occur regarding a parent/guardian’s financial resources –or regarding the parties generally– thus necessitating a motion to modify child support and/or child custody. Worse yet, what […]

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Good Faith Purchaser — Real Estate

Real estate law and transactions can be complicated. Although title insurance and title companies primarily exist to ensure that a purchaser is obtaining “clean title,” mistakes happen. What happens when someone purchases real estate with the understanding that no liens or claims exist a given parcel of land, and then it later turns out there […]

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Successor Liability: Corporate & Business

The general rule in Missouri is that when one corporation/business sells or transfers all of its assets to another corporation/business the latter is not liable for the debts and liabilities of the former. This is because Missouri recognizes the distinction between (a) corporate mergers or the sale and purchase of outstanding stock of a corporation […]

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Contract Exculpatory Clauses for Future Negligence

What is the effect of all of those contractual waivers and releases you’re given at the last moment before you undertake an activity like skiing, sky-diving, or other dangerous acts? While public policy disfavors releases of future negligence, they are not prohibited.┬áMilligan v. Chesterfield Village GP, LLC, 239 S.W.3d 613, 616 (Mo. Ct. App. 2007). […]

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