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Monthly Archives: April 2014

Tortious Interference with Inheritance Rights/Expectancy

Tortious interference does not only apply to valid business expectancies, but also to an inheritance expectancy. In order to make a case  for tortious interference with an inheritance expectancy, you have to plead and prove that a third-party, by fraud, duress, undue influence or other tortious means, intentionally prevented you from receiving an inheritance from the decedent, […]

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Attorney Fees in Trust Litigation

The decision  to award attorney fees to a party in a judicial trust dispute/matter is discretionary. Section 456.10-1004, RSMo, provides that in a “proceeding involving the administration of a trust, the court, as justice and equity may require, may award costs and expenses, including reasonable attorney’s fees, to any party, to be paid by another […]

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Venue in Guardianship/Conservatorship Proceedings

At the State level “venue” refers to the county court in which a case may/should be filed & heard. While the choice of venue may seem innocuous and simply a matter of convenience, there are often strategic considerations that come into play (e.g., favorable jury pools, etc.). Venue is determine by statute. For guardianship/conservatorship proceedings, […]

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Conservatorship Assets; Obtaining Assets; Inventory and Appraisal

After an individual has been appointed conservator of an incapacitated individual or minor (“protectee”) with Letters of Conservatorship, the conservator has thirty (30) days to file an inventory and appraisal of the assets owned by the protectee. The inventory must include, among other things, a statement of all real estate, personal property, household goods, bank […]

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Premature Requests for Admissions

In discovery, the most common tools used are interrogatories (written requests to be answered under oath), requests for production of documents and depositions (live testimony usually in person). Requests for admissions are another tool in discovery that often goes un-utilized/underutilized but can be quite useful. As the name suggests, requests for admissions under Missouri Rules […]

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When is someone legally incapacitated for Guardianship/Conservatorship?

When is someone legally incapacitated for purposes of a guardianship/conservatorship? In Missouri, an “incapacitated person” is one who is unable by reason of any physical/mental condition to receive and evaluate information or to communicate decisions to such an extent that he/she lacks capacity to meet essential requirements for food, clothing, shelter, safety or other care […]

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Minor/Child Name Change — Contested, Consensual

An adult name change (i.e., an individual over age 18) is a relatively straightforward procedure. Things become procedurally more complex when a minor’s name is to be changed. Among other things, a Court approved “next friend” must represent the minor in Court because a minor generally lacks capacity to represent himself/herself. When the parents or […]

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Constructive Trust

Trusts — irrevocable or revocable — are generally used in an estate planning context as a vehicle to transfer assets to heirs or as a tool to manage one’s finances more efficiently. In certain circumstances, a court may construct a trust in litigation to remedy a wrong committed by a defendant. A constructive trust is a legal […]

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