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Monthly Archives: September 2014

Temporary Restraining Orders & Preliminary Injunctions

Perhaps the most commonly known forms of equitable relief are temporary restraining orders and preliminary injunctions. Both are designed to preserve the status quo pending the merits of a case. In Missouri, and most other jurisdictions, the primary purpose of a temporary restraining order is to preserve the status quo. Walker v. Hanke, 992 S.W.2d 925, […]

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Division of Marital Assets in Divorce

When dividing marital assets in a divorce, a trial court has broad discretion and is to consider several factors. The specific factors a trial court should consider when dividing marital property are as follows: (1) the economic circumstances of each spouse at the time the division of property is to become effective, including the desirability […]

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Trust Administration: Expenses, Trustee Reimbursement, Accounting, Reports

A principal administrative responsibility of a trustee is to keep a detailed accounting of all trust assets. See Section 456.8-810. To that end, unless the trust instrument provides otherwise, a trustee is required to deliver to beneficiaries/permissible distributees annually and at the termination of the trust a “report of the trust property, liabilities, receipts, and disbursements, including […]

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Nonprobate Transfers, Creditors, Probate

In light of the time, expense and general unpopularity of the probate process, nonprobate transfers are often implemented to circumvent  “traditional” estate administration (e.g., small estate affidavits, Letters Testamentary, Letters of Administration). A “nonprobate transfer” is when a transfer of property takes effect upon the death of the owner pursuant to a beneficiary designation. Section 461.005(7), […]

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Governing Law in Trust Interpretations/Contests

Trust law can be quite complex. Among the several reasons for this is the fact that there are instances in which a trust instrument in one State may be interpreted in accordance with a completely different State’s laws. In Missouri, the “governing law” provision of the Trust Code is guided by (1) the law of the […]

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