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Monthly Archives: January 2015

Administrator Ad Litem Pending Will Contest

There is a certain period of time to challenge the validity of a Will in Missouri. If no timely challenge is made, then any challenge is barred and the Will is binding. Assuming that a Will contest is timely initiated,  several procedural and substantive mechanisms come into play and become available, particularly as applied to […]

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Contractor Disputes, Breach of Contract

Although most breach of contract actions generally share the same basic elements, different issues can arise depending on the type of contract. For instance, a “standard” contract between two individuals will not be subject to the Uniform Commercial Code, as would a contract for the sale of goods between merchants. Contract agreements relating to construction […]

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Interim Trustee Relief

Pending an ultimate request to a remove a trustee, the Court may order interim relief, if warranted (and usually only at the request of a party). Specifically, pursuant to Section 456.10-1001, RSMo, the Court can enter one or more of the following remedies to take effect during the pendency of a case: (1) An order […]

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Measure of Damages for Breach of Trust

If a Court finds that a trustee has committed a breach of trust, what are the consequences? When it is a serious breach of trust, the Court can remove the trustee. If damages are being requested in light of the breach, Section 456.10-1002, RSMo spells out the measure of damages. In short, a trustee who […]

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Trusts: Nonjudicial Settlement Agreements

One of the main goals of a trust is to privately administer an individual’s or family’s affairs. When disputes arise relating to the propriety of a trust’s administration, or even assertions of breach of trust against the trustee, the matter can quickly become public in courts. As a way to avoid this publicity, Missouri law […]

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Child Custody Modification/Changes

Judicial child custody orders can be modified if the Court finds that a changs has occurred in the circumstances of the child or his/her custodian and that modification is necessary to serve the child’s best interests. Section 452.410.1. Before a custody can be modified, there must be a significant or substantial change in circumstances. Kinner v. […]

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Cotrustees: Liability and Administration

With many trusts, particularly family trusts, the settlor (i.e., trust-creator) does not want to appear partial when selecting selecting trustee(s). It is a delicate balance between maintaining harmony while selecting the person(s)/entity that will best serve as a trustee. One common way that the settlor addresses this issue is by selecting cotrustees. Missouri has several […]

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Criteria for Maintenance/Alimony Award

In divorce proceedings in Missouri, courts have discretion in awarding maintenance — which are payments made from one spouse to another spouse to enable the spouse receiving support to meet his/her reasonable needs. Numerous factors are considered in awarding maintenance and the court has some flexibility in deciding how to structure the maintenance (i.e., lump sum, […]

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